NEWBERG SCHOOL DISTRICT 29J BOARD OF DIRECTORS … · Olivia Pugsley and Brianna Soumokil VIII. NEW...

NEWBERG SCHOOL DISTRICT 29J BOARD OF DIRECTORS

November 5, 2013

Regular Meeting 7:00pm

Newberg School District 29J

714 East Sixth Street Newberg, Oregon 97132

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NEWBERG SCHOOL DISTRICT 29J Regular Meeting, November 5, 2013 7:00 p.m.

Newberg School District Board Room

NOTE: The Board encourages the attendance of citizens at its meetings. When a patron wishes to bring a particular matter to the attention of the Board, it is recommended that the matter first be discussed with the District Superintendent. The Superintendent will gather relevant information to assist the Board in addressing the issue.

A G E N D A

I. CALL TO ORDER II. FLAG SALUTE III. REVIEW AGENDA IV. COMMENTS/QUESTIONS FROM PATRONS V. STAFF/STUDENT RECOGNITION A. Dundee Elementary School….....................Reed Langdon, Teacher/ Lesley Carsley, Principal VI. CONSENT AGENDA

A. Minutes B. Personnel

VII. COMMUNICATIONS, CORRESPONDENCE, INTRODUCTIONS Board Comments .................................................................................................. Board of Directors Superintendent Comments ............................................. Dr. Kym LeBlanc-Esparza, Superintendent Student Representative Comments ......................................... Olivia Pugsley and Brianna Soumokil VIII. NEW BUSINESS A. Approve HVAC Contract .............................................. David Parker, Assistant Superintendent B. Annual Enrollment Report .......................................................................... Dr. LeBlanc-Esparza C. Budget Committee Discussion ....................................................................... Board of Directors D. Update Regarding Language Arts Adoption ............................................... Dr. LeBlanc-Esparza E. Electronic Writing Program Tool Report .................................................... Dr. LeBlanc-Esparza F. Policy, First Reading .............................. Mikaela Schamp, Board Secretary/ Policy Committee 1. Policy JOB- Personally Identifiable Information, Revised

2. Administrative Regulation IGBAB/JO-AR- Management of Education Records/ Management of Education Records of Students with Disabilities, Revised

3. Administrative Regulation IGBAJ-AR- Special Ed. Free and Appropriate Education, Revised

4. Administrative Regulation IGBAG-AR- Special Ed.- Procedural Safeguards, Revised 5. Policy JHCCA- Students- HIV, HBV and AIDS, Revised 6. Policy JHCCB- Students- HIV, AIDS, HBV (Five Years and Younger), Delete 7. Administrative Regulations GCBDA/GDBDA-ARs (1), (2), (3), & (4) - FMLA/OFLA, Revised IX. ITEMS FOR FUTURE AGENDAS .................................................................. Board of Directors

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X. ADJOURNMENT The next regular meeting of the Board of Directors of the Newberg School District is scheduled

for November 19, 2013 at 7:00 p.m. in the Newberg District Office, 714 East Sixth Street.

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NEWBERG SCHOOL DISTRICT 29J AGENDA – November 5, 2013

Item: Dundee Elementary School Student/Staff Recognition Information Originator: Mikaela Schamp, Board Secretary Presenter: Reed Langdon, Dundee Teacher/ Lesley Carsley, Principal/ Yi Hern Chan, Student Teacher Background: 4th Grade Students Noelle Gottfried and Brooke Zatterberg will be recognized for demonstration of Communication, Critical Thinking, Collaboration and Creativity through a Prezi Presentation they created on the parts and functions of plants. Information

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Item: Consent Agenda Action Originator: Mikaela Schamp, Board Secretary Topic Summary: Adopt consent agenda as presented Background: A. Minutes Approve the minutes from the October 8 regular meeting and October 22 work session meeting

minutes. B. Personnel None .

Recommendation: Move that the Newberg School District Board of Directors approve the consent agenda as presented.

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NEWBERG SCHOOL DISTRICT 29J Regular Meeting, October 8, 2013 7:00 p.m.


MINUTES I. CALL TO ORDER

A duly called and noticed Regular Meeting of the Board of Directors of Newberg School District 29J was called to order by Chair Thomas at 7:03 p.m. on Tuesday, October 8, 2013 in the Newberg School District Board Room.

II. FLAG SALUTE The flag salute was performed. III. REVIEW AGENDA No changes. IV. COMMENTS/QUESTIONS FROM PATRONS None. V. PRESENTATION A. Washington D.C. Migrant Program Trip Follow-up Report

Jonathan Fost, Director of Migrant Programs, introduced four students who attended the CLOSE UP Washington D.C. trip in June 2013. The four students shared their experiences, including their enjoyment of meeting Senator Ron Wyden, seeing the government in action, and the application to current classes they are taking. The students stated it has increased their desire to be involved and they encourage other Newberg students to attend in the future. The Board asked questions regarding the trip and program. Chair Thomas asked about the attendance limit based on funding; Mr. Fost stated that the funding received was for approximately four students, but other students may have the opportunity to attend if they pay for the trip. The Board thanked the students and commended them and Mr. Fost.

VI. CONSENT AGENDA MOTION 28: Move that the Newberg School District Board of Directors approve the consent agenda as

presented.

BOARD MEMBERS PRESENT Todd Thomas, Chair Debbie Hawblitzel Ron Mock Polly Peterson Jim Chogyoji Mitsi Vondrachek Melinda Van Bossuyt (joined virtually)

STAFF PRESENT Dr. Kym LeBlanc-Esparza, Superintendent Dave Parker, Assistant Superintendent Candace Pelt, Director of Special Programs Claudia Stewart, Communications Coordinator Mikaela Schamp, Executive Assistant Gwen Gardner, Interim CFO STUDENT REPRESENATIVES Olivia Pugsley Brianna Soumokil

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Moved: Director Hawblitzel; Second: Director Chogyoji Motion passed 7-0

Chair Thomas acknowledged the donations and thanked donors. VII. COMMUNICATIONS, CORRESPONDENCE, INTRODUCTIONS Board Comments: None Superintendent Comments: Dr. LeBlanc-Esparza commended Edwards Elementary School on being

identified as a Model School (in top 5% of Title I schools and in top 10% of elementary schools in Oregon.) She also noted an article in the Newberg Graphic regarding state report cards would be forthcoming.

VIII. NEW BUSINESS A. Travel Request: FFA Students Teacher Bob Beckner was unavailable to present. Students Lillia Hurias and Megan Joyce presented a

request to attend the FFA nationals in Louisville, Kentucky in October. The Board discussed the competition with the students, including building GPS equipment.

MOTION 29: Move that the Newberg School District Board of Directors approve the travel of the FFA

Environmental and Natural Resources Team to Louisville, KY October 28 through November 2, 2013. Moved: Director Chogyoji; Second: Director Hawblitzel Motion passed 7-0 B. Food Services Rollover Contracts Cheri Meeker, Nutrition Services Supervisor, presented. 1. Extension of Baked Goods Contract MOTION 30: Move that the Newberg School District Board of Directors approve the extension of contract

with Goodyman Bakery for the delivery of baked goods for school year 2013-14. Moved: Director Hawblitzel; Second: Director Chogyoji Motion passed 7-0 2. Extensions of Dairy Contract MOTION 31: Move that the Newberg School District Board of Directors approve the extension of contract

with Medosweet Farms for the 2013-14 school year. Moved: Vice Chair Peterson; Second: Director Hawblitzel Motion passed 7-0 3. Extension of Pizza Contract The Board and student representatives asked brief questions regarding pizza meals at elementary schools

and NHS. Pizza is served on a single day at elementary; it is available every day at NHS. Pizza is made with whole wheat crust and other health-conscious ingredients.

MOTION 32: Move that the Newberg School District Board of Directors approve the extension of contract

with Talisam, Inc. (d.b.a. Domino’s Pizza) for the 2013-14 school year. Moved: Director Hawblitzel; Second: Director Chogyoji Motion passed 7-0 C. Superintendent Evaluation Criteria

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The Board and Superintendent discussed the Superintendent Evaluation Criteria (Tool) and the superintendent’s goals. Dr. LeBlanc-Esparza briefly walked through the timeline for superintendent evaluation, noting that she presented a summary of her work completed on her 2012-13 goals earlier in the year but did not receive an evaluation summary on those goals at that time.

The Board discussed this item thoroughly. Consensus was reached to table the discussion until October 22,

2013 Board meeting. Director Van Bossuyt asked Dr. LeBlanc-Esparza whether she wanted to be evaluated this year utilizing the 2012-13 goals, since the year is complete, or on three months progress on the 2013-14 goals. Dr. LeBlanc-Esparza noted that she would like evaluation on both sets of goals. The Board would like the Evaluation Tool to come back for action with Part A: Performance Standards and Part B: 2012-13 Superintendent Goals. 2013-14 Goals will be reported on by Dr. LeBlanc-Esparza mid-year for the Board and be embedded into next year’s evaluation.

D. Superintendent Goals 2013-14 Discussion See Agenda Item X.C. E. District Goals 2013-14 The Board and Superintendent discussed the updated version of District Goals based on the discussion at

the September 24, 2013 meeting and the work session earlier in the evening. The Board reached consensus that they still needed time to work on seeing the alignment of District Goals, Board Goals and Strategic Plan Priorities. Staff will provide documents in weekly Board communication and Dr. LeBlanc-Esparza will facilitate the work session at the next Board meeting to discuss this item. District Goals were tabled until October 22, 2013

F. Board Committee Assignments Board members will notify Chair Thomas regarding their interest in Board Committees by email. Mr.

Thomas will appoint committees at the October 22, 2013 Board meeting. IX. ITEMS FOR FUTURE AGENDAS

Move Writing Program Report to November 5 Include PERS Liability analysis in the December Financial Report

X. ADJOURNMENT

No further matters appearing to come before the Board, Chair Thomas adjourned the meeting at 9:02 pm.

Recorded by: Mikaela Schamp ATTEST: APPROVED: Superintendent-Clerk Board Chair

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NEWBERG SCHOOL DISTRICT 29J October 22, 2013 6:00 p.m.


MINUTES

WORK SESSION I. CALL TO ORDER The work session was called at 6:04 pm.

II. WORK SESSION A. Updates from Superintendent and Staff 1. Alignment of Goal Documents and Strategic Planning Dr. LeBlanc-Esparza walked the Board through a web mind-mapping program to lay out the strategic

planning and alignment of goals documents and strategic priorities for the District. The Board and staff talked through District goals on which the Board will take action tonight in their regular

session. The Board reached consensus to add a sub-focus under District Goal 1 that addresses “growth,” reflective of new state requirements. Discussion regarding “sub-group” achievement gaps and goals also occurred; the Achievement Compact does address sub-groups, as well as the Superintendent’s Goals.

The Board was comfortable with the Superintendent Goals and Evaluation Criteria as presented for action

later in the regular meeting. III. ADJOURNMENT The work session was adjourned by Chair Thomas at 6:49 pm.

BOARD MEMBERS PRESENT Todd Thomas Debbie Hawblitzel Ron Mock Jim Chogyoji Mitsi Vondrachek Polly Peterson Melinda Van Bossuyt (joined virtually)

STAFF PRESENT Dr. Kym LeBlanc-Esparza, Superintendent David Parker, Assistant Superintendent Candace Pelt, Director of Special Programs Claudia Stewart, Communications Coordinator Mikaela Schamp, Executive Assistant Gwen Gardner, Interim CFO

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Item: Approve HVAC Contract- Northwest Control Company, Inc. Action Originator: Mikaela Schamp, Board Secretary/ David Parker, Assistant Superintendent Presenter: David Parker, Assistant Superintendent Topic Summary: Approve HVAC services contract from November 2013 to March 2016 Background: Assistant Superintendent Parker notified the Board on October 8, 2013 that the District would be pursuing a contract with an outside agency to provide HVAC services for the District. Currently Newberg School District does not employee an HVAC Specialist to service our system. The previous employee in this position retired in 2013. The position is quite specialized. Mr. Parker has been working with Facilities and Maintenance to create a sustainable solution for supporting our facilities & HVAC systems. Contracting with Northwest Control Company, Inc. is the most efficient and sustainable solution for supporting Newberg School District’s heating and cooling needs. The contract has a 30 day exit clause if the District does not find NCC, Inc.’s service suitable. The contract includes the option to extend this contract up to two years past the initial contract timeframe (Nov. 2013-March 2016.) Recommendation: Move that the Newberg School District Board of Directors approve the contract with Northwest Control Company, Inc. for Heating/Ventilation/Air Conditioning (HVAC) services effective November 5, 2013 through March 31, 2016.

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AGREEMENT FOR MAINTENANCE OF

DISTRICT HEATING AND COOLING SYSTEMS THIS AGREEMENT, made this 5th day of November, 2013 by and between Newberg School District, 714 E 6th Street, Newberg OR 97132, hereinafter called the Owner, and Northwest Control Company, Inc., 8750 SE McLoughlin Blvd., P.O. Box 22919, Milwaukie, Oregon 97269 hereinafter called the Contractor. In consideration for the promises and other considerations set forth below, the parties agree as follows: Term and Contract Sum. This Agreement shall be effective November 5, 2013 (or as soon as possible thereafter) and shall remain in effect through March 31, 2016 with an option to renew on an annual basis for two (2) additional one (1) year periods beginning April 1, 2016. The decision to renew the Contract shall be based upon the satisfaction of the School District with Contract performance, the financial advisability of continuing the Contract without re-bidding, and subject to the availability of funds. The total term of the Contract shall not exceed five (5) years. The School District will pay the Contractor in current funds for the Contractor's performance of the Work a not-to-exceed amount of one hundred and twenty thousand dollars and zero cents ($120,000.00), ($40,000.00 annual estimate), based on the fees bid by the Contractor, included herein as PCC Attachment 'B'. Scope of Work. Contractor shall provide all Work for the School District per the Invitation to Bid Document and Addenda, if any, issued prior to the execution of this Agreement. All Work shall be provided by the Contractor in accordance with the PCC Invitation to Bid (included herein as Attachment 'A), and as quoted on Appendix 'A', PCC Bid Form (included herein as Attachment 'B'), and shall be provided in a competent and professional manner. Insurance Requirements. Contractor shall purchase and maintain at the Contractor's expense, the following types of insurance, covering the Contractor, its employees, and agents: Broad form comprehensive general liability insurance covering bodily injury and property damage, with automatic coverage for premises, operations and product liability, in an amount of not less than $1,000,000.00. The policy must be endorsed with contractual liability coverage; and,

1. Automobile bodily injury and property damage liability insurance in an amount of not less than $1,000,000 .00.

2. The School District, its elected officials, department, employees, and agents shall be

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named as Additional Insureds. Notice of any material change of policy cancellation shall be provided to the School District thirty (30) days prior to the change or cancellation.

The Contractor, its Subcontractors, if any, and all employers working under this Agreement that are subject employers under the Oregon Workers' Compensation coverage for all their subject workers. The Contractor shall provide the School District with certification of Workers' Compensation insurance including employer's liability. If the Contractor has no employees and will perform the Work without the assistance of others, certificate to that effect may be attached as Exhibit 1-WC(r), in lieu of the certificate showing Workers' Compensation. Indemnification. The Contractor shall indemnify and hold the School District, its agents, employees and elected officials harmless from any and all claims, demands, damages, actions, losses and expenses, including attorney 's fees, arising out of or in any way connected with its performance of this Agreement, or any patent infringement or copyright claims arising out of the use of the Contractor's designs or other materials by the School District and for any claims or disputes involving Subcontractors. Maintenance of Records. The Contractor shall maintain all of its records relating to the ITB on a generally approved accounting basis and allow the School District the opportunity to inspect and/or copy such records at a convenient place during normal business hours. All required records shall be maintained by the Contractor for three (3) years after the School District makes final payment and all other pending matters are closed. Ownership of Documents. All documents of any nature including, but not limited to, reports, shop drawings, data-sheets, and sketches produced by the Contractor pursuant to this agreement are the property of the School District, and it is agreed by the parties that such documents are works for hire. The Contractor hereby conveys, transfers, and grants to the School District all rights of reproduction and the copyright to all such documents. Project Information. The Contractor shall share all project information and fully cooperate with the School District, informing the School District of all aspects of the project including actual or potential problems or defects. The Contractor shall abstain from releasing any information or project news without the prior and specific written approval of the School District. Independent Contractor Status. The Contractor shall be an Independent Contractor for all purposes and shall be entitled only to the compensation provided for in this Agreement. Under no circumstances shall the Contractor be considered an employee of the School District. The Contractor shall provide all tools or equipment necessary to carry out this Agreement, and shall exercise complete

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control in achieving the desired results specified in the ITB. The Contractor is solely responsible for its performance under this Agreement and the quality of its Work; for obtaining and maintaining all licenses, permits, and certifications necessary to carryout this Agreement; for payment of any fees, taxes, royalties, or other expenses necessary to complete the Work except as otherwise specified in the ITB; and for meeting all other requirements of law in carrying out this Agreement. The Contractor shall identify and certify tax status and identification numbers through execution of IRS Form W-9 prior to submitting any request for payment to the School District. State and Federal Law Constraints. Both parties shall comply with the public contracting provisions of ORS Chapter 279 to the extent those provisions apply to this Agreement. All such provisions required to be included in this Agreement are incorporated herein by reference. The Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations including those of the Americans with Disabilities Act. Situs. The situs of this Agreement is Portland, Oregon. Any litigation over this Agreement shall be governed by the laws of the State of Oregon and shall be conducted in the Circuit Court of the State of Oregon, for Multnomah County, or, if jurisdiction of proper, in the U.S. District Court for the District of Oregon. Agreement. This Agreement is binding on each party, its successors, assigns, and legal representatives and may not, under any circumstances, be assigned or transferred by either party. Termination. This Agreement may be terminated by mutual consent of the parties. In addition, the School District may terminate this Agreement by giving the Contractor thirty (30) days prior written notice of intent to terminate, without waiving any claims or remedies it may have against the Contractor. Termination's shall not excuse payment for expenses incurred prior to notice of termination, but neither party shall be liable for indirect or consequential damages arising form termination under this section. No Waiver of Claims. The failure to enforce any provisions of this Agreement shall not constitute waiver by the School District of that or any other provision. Merger Clause. This Contract and the attachments herein constitute the entire Agreement between the parties. All understandings and Agreements between the parties and representations by either party concerning this Contract are contained in this Contract. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing

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signed by both parties. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. Payment of Laborers In accordance with ORS 2798.220, Conditions concerning payment, contributions, liens, withholding, Contractor shall:

a. Make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the Contract.

b. Pay all contributions or amounts due the Industrial Accident fund from the Contractor

or Subcontractor incurred in the performance of the Contract.

c. Not permit any lien or claim to be filed or prosecuted against the state or a county, school District, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

d. Pay to the Department of Revenue all sums withheld from employees under ORS

316.167. Payment of Medical Care and Providing Workers' Compensation In accordance with ORS 2798.230, Conditions concerning payment for medical care and providing workers' Compensation, Contractor shall

a. Promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services.

b. All subject employers working under the Contract are either employers that will comply

with ORS 656.017 or employers that are exempt under ORS 656.126. Hours of Labor In accordance with ORS 2798.235, Conditions concerning hours of labor, Contractor shall:

a. Pay employees for overtime work performed under the Contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

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Signature Page I have read this Contract including the Attachments included herein. I certify that I have the authority to sign and enter into this Contract. I understand the Contract and agree to be bound by its terms

Northwest Control Company Newberg School District 29j 8750 SE McLoughlin Blvd 714 E 6th Street P.O. Box 22919 Newberg, OR 97132 Milwaukie, OR 97269 _________________________________ _____________________________ Printed Name Title Printed Name Title __________________________________________ _____________________________________ Signature Date Signed Signature Date Signed� � ��

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Item: Enrollment Report Information Originator: Mikaela Schamp, Board Secretary/ Tawnya Penninger, Data Analyst Presenter: Dr. Kym LeBlanc-Esparza, Superintendent Background: Attached is enrollment information based on October 1, 2013 enrollment counts. Dr. LeBlanc-Esparza will discuss this with the Board. INFORMATION

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School 10/1/2013 10/1/2012 10/1/2011 * (Includes NOCAP/Catalyst Students;

Crater (capacity 550) 486 446 444 Catalyst removed from Spec Prog

Dundee (capacity 400) 334 346 328 for 12-13 & 13-14)

Edwards (capacity 525) 439 379 366Ewing Young (capacity 200) 160 160 171Austin (capacity 550) 328 350 374Mabel Rush (capacity 650) 541 557 559TOTAL ELEMENTARY 2288 2238 2242

CVMS (capacity 650) 619 603 610MVMS (capacity 550) 546 564 549NHS (capacity 1800) 1488 1505 1484CATALYST 68 60 0 *

TOTAL SECONDARY 2721 2732 2643

DISTRICT TOTAL 5009 4970 4885 Capcity numbers based on

Special Programs 195 185 208 * regular classroom ratios

(2011 Bond Measure)

DIST TOTAL W/PROGRAMS 5204 5155 5093Formula Check 0 0 0

Newberg School DistrictCurrent Year - Previous Year Comparison

22

0

50

100

150

200

250

300

350

400

450

500

550

600

Crater (capacity550)

Dundee(capacity 400)

Edwards(capacity 525)

Ewing Young(capacity 200)

Austin (capacity550)

Mabel Rush(capacity 650)

486

334

439

160

328

541

446

346

379

160

350

557

444

328

366

171

374

559

STUDENTS

LOCATION

ELEMENTARYCURRENT & PREVIOUS YEAR COMPARISON

10/1/2013

10/1/2012

10/1/2011

23

0

100

200

300

400

500

600

700

800

900

1000

1100

1200

1300

1400

1500

1600

CVMS (capacity 650) MVMS (capacity 550) NHS (capacity 1800) CATALYST

619

546

1488

68

603564

1505

60

610549

1484

0

STUDENTS

LOCATION

SECONDARYCURRENT & PREVIOUS YEARS COMPARISON

10/1/2013

10/1/2012

10/1/2011

24

0

500

1000

1500

2000

2500

3000

3500

4000

4500

5000

5500

TOTALELEMENTARY

TOTALSECONDARY

DISTRICTTOTAL

SpecialPrograms

DISTRICTTOTAL WITHPROGRAMS

2288

2721

5009

195

5204

2238

2732

4970

185

5155

2242

2643

4885

208

5093

STUDENTS

TOTALS

NEWBERG SCHOOL DISTRICTCURRENT & PREVIOUS YEAR COMPARISON

10/1/2013

10/1/2012

10/1/2011

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SCHOOLS ENROLL ILC PILC LIFE SKILLS SLP/ILC WESD OASIS SEAL TRANSITIONS COLA TUTOR CYFS ORCA HOME SCH TOTAL

Crater 486 486

Dundee 334 8 9 351

Edwards 439 439

Ewing Young 160 50 210

Joan Austin 328 2 6 336

Mabel Rush 541 13 8 562

CVMS 619 8 10 23 5 665

MVMS 546 5 2 2 555

NHS 1488 11 17 2 7 3 1 5 1534

CATALYST 68 68

Total District 5009 13 8 27 36 2 13 7 75 0 3 1 12 5206

ILC Serves students who demonstrate below-grade level functioning, struggle socially, have ready to learn skills and functional communication

PILC See above

Life Skills Serves students who demonstrate significant challenges with cognative and/or independent function, require intensive adult assistance in most life skills areas

SLP/ ILC Speech-Language Pathology; informally known as Speech Therapy

WESD Oasis WESD's mall therapeutic school environment providing therapeutic day school and stabilization and evaluation in the same setting.

SEAL Social-Emotional-Academic Learning Center serves studetns with significant emotional and/or behavioral challenges, may present safety concerns

Transitions Serves older students with disabilities to continue transition into functional life skills and preparedness in the broader world

COLA Chehalem Online Learning Academy- Newberg's online hybrid learning K-8 program

Tutor Tutoring

CYFS Chehalem Youth and Family Services

ORCA Oregon Connections Academy- Newberg occassionally has a student who will attend ORCA but take a class or two at NHS

Home School Home School Students- Newberg often has students who will home school but take a class or two at their boundary school

TOTAL ENROLLMENT PER SCHOOL INCLUDING SPECIAL PROGRAMSSCHOOL YEAR 2013-14

NEWBERG SCHOOL DISTRICT

11/1/20131:48 PM

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Snapshot- Average Class Size By School2013-14

23 2427

3329 29

0

5

10

15

20

25

30

35

KG 1 2 3 4 5

Crater Average

Crater Average

20

30

2327 28

30

0

5

10

15

20

25

30

35

KG 1 2 3 4 5

Dundee Average

Dundee Average

26 27 2624

30

24

0

5

10

15

20

25

30

35

KG 1 2 3 4 5

Edwards Average

Edwards Average

2729

24

29

0

5

10

15

20

25

30

35

KG 1 2/3 Comb 4/5 Comb

Ewing Young Average

Ewing Young Average

27

Snapshot- Average Class Size By School2013-14

2219

26 26

3330

0

5

10

15

20

25

30

35

KG 1 2 3 4 5

Joan Austin Average

Joan Austin Average

27 2629

23

30 29

0

5

10

15

20

25

30

35

KG 1 2 3 4 5

Mabel Rush Average

Mabel Rush Average

28

23.76 25.19 26.58 25.6929.83 28.15

0.00

5.00

10.00

15.00

20.00

25.00

30.00

35.00

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2013‐14 Average Class Size By Grade Level‐ Elementary

Average Class Size Kindergarten Average Class Size 1st Grade Average Class Size 2nd Grade

Average Class Size 3rd Grade Average Class Size 4th Grade Average Class Size 5th Grade

KinderKinder 1st 2ndKinderKinder 1st 2nd 3rd 4th 5th

K‐3 Funding Ratio 26:1

4‐5 Funding Ratio 29:1

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SCHOOL PROGRAM GRADE COUNT FTE2nd 3rd 3.00 3.004th 3.00 2.005th 7.00 7.006th 4.00 4.007th 3.00 3.008th 3.00 3.00KG 2.00 0.501st 1.002nd 1.00 1.003rd 1.00 1.004th 1.00 1.005th 3.00 3.00KG 1.00 0.501st 3.00 3.002nd 4.00 4.003rd 4th 5th

40.00 36.00KG1st 2.00 2.002nd 4.00 4.003rd 4th 5th 6th 7th 2.00 2.008th 3.00 3.00

910 1.00 1.001112 1.00 1.00

13.00 13.00KG1st 2nd 4.00 3.003rd 2.00 2.004th 5th 2.00 2.006th 5.00 4.007th 1.00 1.008th 2.00 2.00

Total SLC/PILC/ILC

NEWBERG SCHOOL DISTRICTSPECIAL PROGRAM 2013-14

Mabel Rush ILC

CVMS ILC

Mabel Rush PILC

Dundee

Total Seal

CVMS Life Skills CVMS

Dundee

PSLC

JA SEAL

Life Skills Dundee

MVMS SEAL

NHS SEAL

10/30/201311:58 AM

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SCHOOL PROGRAM GRADE COUNT FTE

NEWBERG SCHOOL DISTRICTSPECIAL PROGRAM 2013-14

9th 2.00 2.0010th 1.0011th 2.00 2.0012th 6.00 5.009th 3.00 3.00

10th 6.00 6.0011th 4.00 4.0012th 4.00 3.00

44.00 39.00TUTORING Tutoring K-12CHEHALEM ON LINE COLA EY (KG .5 FTE) K-5 50.00 46.00CHEHALEM ON LINE COLA CVMS 6-8 23.00 23.00WESD -OASIS OASIS K-5 2.00 2.00ORCA & CYFS ORCA & CYFS K-12 4.00TRANSITIONS Transitions 12 7.00 6.00HOMESCHOOL Homeschool K-12 12.00 0.25

98.00 77.25195.00 165.25District Total

Life Skills NHS

NHS SLP/ILC

NHS

Total Lifeskills

Total

10/30/201311:58 AM

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Item: Budget Committee Appointments 2013-14 Information/ Action Originator: Mikaela Schamp, Board Secretary Presenter: Todd Thomas, Board Chair Topic Summary: Review Budget Committee positions open for 2013-14 Background: Board Policy DBEA guides the formation and action of the Budget Committee. Due to unforeseen circumstances in the District, the Board is engaging in examining the open positions and appointment of Budget Committee members later than usual. Attached is the current roster of budget committee members. Zone 2 (Director Peterson), Zone 3 (Director Van Bossuyt) and Zone 5 (Director Chogyoji) are open. Terms begin in December 2013 based on the appointments in previous years. Action requested: Director Chogyoji recommends the appointment of Jeremy Moody for Zone 5. Information Only OR Recommendation: Move that the Newberg School District Board of Directors appoint Jeremy Moody as Budget Committee Member for Zone 5 to complete the remainder of Joel Perez’s appointment, from November 2013 to December 2015.

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Newberg School District Budget Committee 2012-13

(As of October 2013)

Appointed Members Zone Appointed Term Expires Employer Date 3-Year Beth Staats 1 12/12 12/15 Sheridan School Dst. 792 SE Boysen Lane Dundee, OR 97115 503-554-0883 [email protected] Judi Croft 2 01/11 12/13 SAIF 17125 Lewis Rogers Lane 01/08 Newberg, OR 97132 01/05 503-538-0464 (Home) 1-800-285-8525 (Work) [email protected] Kari Salzberg 3 01/11 12/13 15605 NE Kincaid Rd. 01/08 Newberg, Oregon 97132 503-538-9295 (Home) [email protected] James Ferrell 4 11/12 11/15 201 Burl Street 01/10 12/12 Newberg, OR 97132 Phone: [email protected] Joel Perez 5 12/12 12/15 Dean of Transitions & 610 S. Meridian St. 10/10 (Appointed to 12/12 Inclusion, GFU Newberg, OR 97132 Shannon Burns’ term)

503-554-2305 (Work) 503-747-8765 (Cell) [email protected] 7-12-13: Joel is moving, we will need to appoint for this position in October/November for Zone 5 Jennifer Fisher 6 1/13 12/15 Nurse 436 W Edgewood Drive Newberg, OR 97132 425 788-9850 (Home); 425 876-9450 (Cell) [email protected] Kat McNeal 7 1/13 12/15 McMinnville School 3131 Aldersgate Dr. (*At Large) District Newberg, OR 97132 503-476-4663 (cell) [email protected]

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Ad-Hoc Budget Committee Staff Members Dave Sanders Chehalem Valley Middle School/ Certified 503-554-4926 [email protected] Jenn Edger NOCAP/Certified [email protected] Ellen Finley Edwards Elementary/ Classified [email protected] Missy Love Joan Austin Elementary/Certified [email protected] Ad-Hoc Budget Committee Community Members Job Rabinowitz Communication Associates, Inc. 24520 SW Melott Rd Hillsboro, OR 97123 503-805-7788 (Cell) 503-628-0923 (Home) [email protected]

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Item: Language Arts Adoption Update Information Originator: Dr. Kym LeBlanc-Esparza, Superintendent Presenter: Dr. Kym LeBlanc-Esparza, Superintendent Background: The Language Arts Adoption is currently on hold. Based on the funds available for adoption and for technology replacement, the Board’s emphasis on forward-thinking and planning for long-term, and the reorganization of the Technology Task Force Dr. LeBlanc-Esparza has directed that the Language Arts Adoption be put on hold for Newberg. Dr. LeBlanc-Esparza will discuss this update with the Board. INFORMATION

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Item: Electronic Writing Tool Report Information Originator: Dr. Kym LeBlanc-Esparza, Superintendent Presenter: Dr. Kym LeBlanc-Esparza, Superintendent Background: An analysis of usage and comparative data occurred, based on the schools that utilized the MyAccess and Write To Learn and the schools that did not. Dr. LeBlanc-Esparza will report on this analysis, the cost of the programs and the process of feedback from principals on the continuation/non-continuation of this tool for the 2013-14 school year. INFORMATION

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Item: Policy JOB- Personally Identifiable Information, Revised, First Reading Action Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Uninterrupted Scholars Act of 2013 amended language in the Family Educational Rights and Privacy Act (FERPA) to allow the disclosure of student records: 1) to a case worker and other representative of a state or local welfare agency or tribal organization, if the student is in the legal care and protection of the organization; and 2) under a judicial order or subpoena when the parent is a party to court proceedings involving child abuse and neglect, or dependency issues. Recommendation: Move that the Newberg School District Board of Directors approve Policy JOB- Personally Identifiable Information, Revised, for First Reading.

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Personally Identifiable Information** - JOB

1-2

Newberg School District 29J Code: JOB

Adopted: 07/12/11 Revised: 10/23/12; ________

Personally Identifiable Information

Personally identifiable information includes, but is not limited to:

1. Student’s name, if excluded from directory information, as requested by the student/parent in writing;

2. Name of the student’s parent(s) or other family member;

3. Address of the student or student’s family, if excluded from directory information, as requested by the

student/parent in writing;

4. Personal identifier such as the student’s social security number or student ID number or biometric

record;

5. A list of personal characteristics that would make the student’s identify easily traceable such as a

student’s date of birth, place of birth and mother’s maiden name;

6. Other information alone or in combination that would make the student’s identify easily traceable. ;

7. Other information requested by a person who the district reasonably believes knows the identity of the

student to whom the educational record relates.

Prior Consent to Release

Personally identifiable information shall not be released without prior signed and dated consent of the

parent, student 18 years or older or emancipated.

Notice of and/or request for release of personally identifiable information shall specify the records to be

disclosed, the purpose of disclosure and the identification of person(s) to whom the disclosure is to be

made. Upon request of the parent or eligible student, the district shall provide a copy of the disclosed

record.

Exceptions to Prior Consent

The district may disclose personally identifiable information without prior consent under the following

conditions:

1. To personnel within the district who have legitimate educational interests;

2. To personnel of an education service district or state regional program where the student is enrolled or

is receiving services;

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Personally Identifiable Information** - JOB

2-2

3. To personnel of another school, another district, state regional program or institution of postsecondary

education where the student seeks or intends to enroll;

4. To authorized representatives of the U.S. Comptroller General, U.S. Attorney General, U.S. Secretary

of Education, state and local education authorities, or the Oregon Secretary of State Audits Division in

connection with an audit or evaluation of federal or state-supported education programs or the

enforcement of, or compliance with federal or state supported education programs or the enforcement

of, or compliance with, the federal or state regulations;

5. To personnel determining a financial aid request for the student;

6. To personnel conducting studies for or on behalf of the district;

7. To personnel in accrediting organizations fulfilling accrediting functions;

8. To comply with a judicial order or lawfully issued subpoena;

9. For health or safety emergency;

10. By request of a parent of a student who is not 18 years of age;

11. By request of a student who is 18 years of age or older or emancipated;

12. Because information has been identify as “directory information”;

13. To the courts when legal action is initiated;

14. To court, state and local juvenile justice agencies. A judicial order or lawfully issued subpoena when

the parent is a party to a court proceeding involving child abuse and neglect or dependency matters;

15. To a caseworker or other representative of a state or local child welfare agency or tribal organization

that is legally responsible for the care and protection of the student including educational stability of

children in foster care. END OF POLICY Legal Reference(s): ORS 30.864 ORS 107.154 ORS 326.565

ORS 326.575 ORS 336.187

OAR 581-015-2000 OAR 581-021-0220 to -0430 OAR 581-022-1660

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 - 1427 (2006). Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2011). Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2011). Uninterrupted Scholars Act (USA), 2013 (P.L. 112-278, Jan. 14, 2013), 20 U.S.C. § 1221.

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http://landru.leg.state.or.us/ors/030.html





http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_581/581_015.html




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Item: Admin. Regulation IGBAB/JO-AR- Management of Education Records/ Action Management of Education Records of Students with Disabilities, Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Uninterrupted Scholars Act of 2013 amended language in the Family Educational Rights and Privacy Act (FERPA) to allow the disclosure of student records: 1) to a case worker and other representative of a state or local welfare agency or tribal organization, if the student is in the legal care and protection of the organization; and 2) under a judicial order or subpoena when the parent is a party to court proceedings involving child abuse and neglect, or dependency issues. In addition, the Policy Committee has made formatting and grammar changes to increase readability. Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation IGBAB/JO-AR- Management of Education Records/ Management of Education Records of Students with Disabilities, Revised, for First Reading.

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Education Records/Records of Students with Disabilities Management – IGBAB/JO-AR Page 1 of 10

Newberg School District 29J

Code: IGBAB/JO-AR Adopted: 2/12/07 Readopted: 06/27/11; Revised: 2/26/13; 4/9/13; _____ Education Records/Records of Students with Disabilities Management

Management of Education Records/ Management of Education Records of Students with Disabilities

1. Student Education Record

Student education records are those records that are directly related to a student and maintained by the district, or by a party acting for the district; however, this does not include the following:

a. Records of instructional, supervisory and administrative personnel and educational personnel

ancillary to those persons that are kept in the sole possession of the maker of the record, used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

b. Records of the law enforcement unit of the district subject to the provisions of Oregon Administrative Rule (OAR) 581-021-0225;

c. Records relating to an individual who is employed by the district that are made and maintained in the normal course of business, that relate exclusively to the indiv idual in that individual’s capacity as an employee and that are not available for use for any other purpose. Records relating to an individual in attendance at the district who is employed as a result of his/her status as a student are education records and are not excepted under this section;

d. Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

1) Made or maintained by a physician, psychiatrist, psychologist or other recognized

professional or paraprofessional acting in his/her professional capacity or assisting in a paraprofessional capacity;

2) Made, maintained or used only in connection with treatment of the student; and 3) Disclosed only to individuals providing the treatment. For purposes of this definition,

“treatment” does not include remedial educational activities or activities that are part of the program of instruction at the district.

e. Records that only contain information relating to activities in which an individual engaged after

he/she is no longer a student at the district; f. Medical or nursing records which are made or maintained separately and solely by a licensed

health-care professional who is not employed by the district, and which are not used for education purposes or planning.

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The district shall keep and maintain a permanent record on each student which includes the: a. Name and address of educational agency or institution; b. Full legal name of the student; c. Student birth date and place of birth; d. Name of parents; e. Date of entry in school; f. Name of school previously attended; g. Courses of study and marks received; h. Data documenting a student’s progress toward achievement of state standards and must include

a student’s Oregon State Assessment results; i. Credits earned; j. Attendance; k. Date of withdrawal from school; and l. Such additional information as the district may prescribe.

The district may also request the social security number of the student and will include the social security number on the permanent record only if the eligible student or parent complies with the request. The request shall include notification to the eligible student or the student’s parent(s) that the provision of the social security number is voluntary and notification of the purpose for which the social security number will be used.

The district shall retain permanent records in a minimum one-hour fire-safe place in the district, or keep a duplicate copy of the permanent records in a safe depository in another district location.

2. Confidentiality of Student Records

a. The district shall keep confidential any record maintained on a student in accordance with OAR 581-021-0220 through 581-021-0430.

b. Each district shall protect the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages.

c. Each district shall identify one official to assume responsibility for ensuring the confidentiality of any personally identifiable information.

d. All persons collecting or using personally identifiable information shall receive training or instruction on state policies and procedures.

3. Rights of Parents and Eligible Students

The district shall annually notify parents and eligible students through the district student/parent handbook or any other means that are reasonably likely to inform the parents or eligible students of their rights. This notification shall state that the parent(s) or eligible student has a right to:

a. Inspect and review the student’s education records; b. Request the amendment of the student’s education records to ensure that they are not

inaccurate, misleading or otherwise in violation of the student’s privacy or other rights; c. Consent to disclosures of personally identifiable information contained in the student’s

education records, except to the extent that the applicable state or federal law authorizes disclosure without consent;

d. Pursuant to OAR 581-021-0410, file with the Family Policy Compliance Office, United States Department of Education a complaint under 34 C.F.R. § 99.64 concerning alleged failures by

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the district to comply with the requirements of federal law; and e. Obtain a copy of the district policy with regard to student education records.

The notification shall also inform parents or eligible students that the district forwards education records requested under OAR 581-021-0255. The notification shall also indicate where copies of the district policy are located and how copies may be obtained.

If the eligible student or the student’s parent(s) has a primary or home language other than English, or has a disability, the district shall provide effective notice.

These rights shall be given to either parent unless the district has been provided with specific written evidence that there is a court order, state statute or legally binding document relating to such matters as divorce, separation or custody that specifically revokes these rights.

When a student becomes an eligible student, which is defined as a student who has reached 18 years of age or is attending only an institution of postsecondary education and is not enrolled in a secondary school, the rights accorded to, and the consent required of, the parents transfer from the parents to the student. Nothing prevents the district from giving students rights in addition to those given to parents.

4. Parent’s or Eligible Student’s Right to Inspect and Review

The district shall permit an eligible student or student’s parent(s) or a representative of a parent or eligible student, if authorized in writing by the eligible student or student’s parent(s), to inspect and review the education records of the student, unless the education records of a student contain information on more than one student. In that case the eligible student or student’s parent(s) may inspect, review or be informed of only the specific information about the student.

The district shall comply with a request for access to records: a. Within a reasonable period of time and without unnecessary delay; b. For children with disabilities before any meeting regarding an IEP, or any due process hearing,

or any resolution session related to a due process hearing; c. In no case more than 45 days after it has received the request.

The district shall respond to reasonable requests for explanations and interpretations of the student’s education record.

The parent(s) or eligible student shall comply with the following procedure to inspect and review a student’s education record:

a. Provide a written, dated request to inspect a student’s education record; and b. State the specific reason for requesting the inspection.

The written request will be permanently added to the student’s education record.

The district shall not destroy any education record if there is an outstanding request to inspect and review the education record.

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While the district is not required to give an eligible student or student’s parent(s) access to treatment records under the definition of “education records” in OAR 581-021-0220(6)(b)(D), the eligible student or student’s parent(s) may, at his/her expense, have those records reviewed by a physician or other appropriate professional of his/her choice.

If an eligible student or student’s parent(s) so requests, the district shall give the eligible student or student’s parent(s) a copy of the student’s education record. The district may recover a fee for providing a copy of the record, but only for the actual costs of reproducing the record unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the students educational records. The district may not charge a fee to search for or to retrieve the education records of a student.

The district shall not provide the eligible student or student’s parent(s) with a copy of test protocols,

test questions and answers and other documents described in Oregon Revised Statutes (ORS) 192.501(4) unless authorized by federal law.

The district will maintain a list of the types and locations of education records maintained by the district and the titles and addresses of officials responsible for the records.

Student’s education records will be maintained at the school building at which the student is in attendance except for special education records which may be located at another designated location within the district. The administrator/principal or his/her designee shall be the person responsible for maintaining and releasing the education records.

5. Release of Personally Identifiable Information Personally identifiable information shall only be released with prior written consent of the eligible

student or student’s parent(s) except in the following cases: a. The disclosure is to other school officials, including teachers, within the district who have a

legitimate educational interest. As used in this section, “school officials” can be a district official employed by the district as

an administrator, supervisor, instructor or staff support member; a person serving on the district school board; contractors, consultants, volunteers or other parties to whom an agency or institution has outsourced institutional services or functions, provided that party performs an institutional service or function for which the district would otherwise use employees, and who is under the direct control of the district with respect to the use and maintenance of education records, and who is subject to district policies concerning the redisclosure of personally identifiable information.

As used in this section, a person who has “legitimate educational interest” is a person who

needs to review an educational record in order to:

1) fulfill his or her professional responsibilities as delineated by his or her job description, contract, or conditions of employment, or

2) fulfill his or her duties as an elected official. b. The disclosure is to authorized representatives of:

1) the US Comptroller General,

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2) U.S. Attorney General, 3) U.S. Secretary of Education, 4) state and local education authorities, or 5) the Oregon Secretary of State Audits Division (in the following circumstances):

i. in connection with an audit or an evaluation of federal or state supported education programs, or

ii. the enforcement of, or compliance with, federal or state supported education programs, or the enforcement of, or compliance with, federal or state regulations.

c. The disclosure is in connection with financial aid for which the student has applied or for which

the student has received, if the information is necessary for such purposes as to:

1) Determine eligibility for the aid; 2) Determine the amount of the aid; 3) Determine the conditions for the aid; or 4) Enforce the terms and condition of the aid.

As used in this section “financial aid” means any payment of funds provided to an individual

that is conditioned on the individual’s attendance at an educational agency or institution.

d. The disclosure is to organizations conducting studies for, or on behalf of, the district to develop, validate or administer predictive tests; to administer student aid programs; or to improve instruction. [Note: made a single sentence rather than a 1, 2, 3 list.- Policy Committee]

The district may disclose information under this section Section 5 only if the disclosure is to an

official listed in Section 5 paragraph (b) or an organization who enters into a written agreement with the district that:

1) Specifies the purpose, scope and duration of the study and the information to be

disclosed; 2) Limits the organization to using the personally identifiable information only for the

purpose of the study; 3) Is conducted in a manner that does not permit the personal identification of parents or

students by individuals other than by the representatives of the organization; and 4) Requires destruction of the information once it is no longer needed for the purposes for

which the study was conducted. For the purposes of this section, the term “organization” includes, but is not limited to, federal,

state, and local agencies as well as independent organizations. e. The district may disclose information under this section only if the disclosure is to an official

listed in Section 5 paragraph (b) who is conducting an audit related to the enforcement of, or compliance with, federal or state legal requirements and who enters into a written agreement with the district that:

1) Designates the individual or entity as an authorized representative; 2) Specifies the personally identifiable information being disclosed;

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3) Specifies the personally identifiable information being disclosed in the furtherance of an audit, evaluation or enforcement or compliance activity of the federal or state supported education programs;

4) Describes the activity with sufficient specificity to make clear it falls within the audit or evaluation exception; this must include a description of how the personally identifiable information will be used;

5) Requires information to be destroyed when no longer needed for the purpose for which the study was conducted;

6) Identifies the time period in which the personally identifiable information must be destroyed; and

7) Establishes policies and procedures which are consistent with FERPA and other federal and state confidentiality and privacy provisions to insure the protection of the personally identifiable information from further disclosure and unauthorized use.

f. The disclosure is to accrediting organizations to carry out their accrediting functions; g. The disclosure is to comply with a judicial order or lawfully issued subpoena. The district may

disclose information under this section only if the district makes a reasonable effort to notify the eligible student or student’s parent(s) of the order or subpoena in advance of compliance, unless an order or subpoena of a federal court or agency prohibits notification to the parent(s) or student;

h. The disclosure is to comply with a judicial order or lawfully issued subpoena when the parent is a party to a court proceeding involving child abuse and neglect or dependency matters;

hi. The disclosure is to the parent(s) of a dependent student, as defined in Section 152 of the

Internal Revenue Code of 1986; i.j. The disclosure is in connection with a health or safety emergency. The district shall disclose

personally identifiable information from an education record to law enforcement, child protective services and health-care professionals, and other appropriate parties in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals. If the district determines that there is an articulable and significant threat, the district will document the information available at that time of determination and the rationale basis for the determination for the disclosure of the information from the educational records.

In making a determination whether a disclosure may be made under the health or safety emergency, the district may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. As used in this section a “health or safety emergency” includes, but is not limited to, law enforcement efforts to locate a child who may be a victim of kidnap, abduction or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect pursuant to applicable state law, or other such reasons that the district may in good faith determine a health or safety emergency.

j. k. The disclosure is information the district has designated as “directory information” (See Board

policy JOA – Directory Information); k. l. The disclosure is to the parent(s) of a student who is not an eligible student or to an eligible

student;

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l. m. The disclosure is to officials of another school, school system, institution of postsecondary

education, an education service district (ESD), state regional program or other educational agency that has requested the records and in which the student seeks or intends to enroll or is enrolled or in which the student receives services. The term “receives services” includes, but is not limited to, an evaluation or reevaluation for purposes of determining whether a student has a disability;

m.n. The disclosure is to the Board during an executive session pursuant to ORS 332.061.

The district will use reasonable methods to identify and authenticate the identity of the parents, students, school officials, and any other parties to whom the district discloses personally identifiable information from educational records;

o. The disclosure is to a caseworker (or other representative who has the right to access the student’s case plan) of a state or local child welfare agency or tribal organization that are legally responsible for the care and protection of the student, provided the personally identifiable information will not be disclosed unless allowed by law.

6. Record-Keeping Requirements

The district shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student. Exceptions to the record-keeping requirements shall include the parent, eligible student, school official or his/her assistant responsible for custody of the records and parties authorized by state and federal law for auditing purposes. The district shall maintain the record with the education records of the student as long as the records are maintained. For each request or disclosure the record must include:

a. The party or parties who have requested or received personally identifiable information from

the education records; and b. The legitimate interests the parties had in requesting or obtaining the information.

The following parties may inspect the record of request for access and disclosure to a student’s personally identifiable information:

a. The parent(s) or eligible student; b. The school official or his/her assistants who are responsible for the custody of the records; c. Those parties authorized by state or federal law for purposes of auditing the record-keeping

procedures of the district. 7. Request for Amendment of Student’s Education Record

If an eligible student or student’s parent(s) believes the education records relating to the student contain information that is inaccurate, misleading or in violation of the student’s rights of privacy or other rights, he/she may ask the building level principal where the record is maintained to amend the record.

The principal shall decide, after consulting with the necessary staff, whether to amend the record as requested within a reasonable time after the request to amend has been made.

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The request to amend the student’s education record shall become a permanent part of the student’s education record. If the principal decides not to amend the record as requested, the eligible student or the student’s parent(s) shall be informed of the decision and of his/her right to appeal the decision by requesting a hearing.

8. Hearing Rights of Parents or Eligible Students

If the building level principal decides not to amend the education record of a student as requested by the eligible student or the student’s parent(s), the eligible student or student’s parent(s) may request a formal hearing for the purpose of challenging information in the education record as inaccurate, misleading or in violation of the privacy or other rights of the student. The district shall appoint a hearings officer to conduct the formal hearing requested by the eligible student or student’s parent. The hearing may be conducted by any individual, including an official of the district, who does not have a direct interest in the outcome of the hearing. The hearings officer will establish a date, time and location for the hearing, and give the student’s parent or eligible student notice of date, time and location reasonably in advance of the hearing. The hearing will be held within 10 working days of receiving the written or verbal request for the hearing.

The hearings officer will convene and preside over a hearing panel consisting of:

a. The principal or his/her designee; b. A member chosen by the eligible student or student’s parent(s); and c. A disinterested, qualified third party appointed by the superintendent.

The parent or eligible student may, at his/her own expense, be assisted or represented by one or more individuals of his/her own choice, including an attorney. The hearing shall be private. Persons other than the student, parent, witnesses and counsel shall not be admitted. The hearings officer shall preside over the panel. The panel will hear evidence from the school staff and the eligible student or student’s parent(s) to determine the point(s) of disagreement concerning the records. Confidential conversations between a licensed employee or district counselor and a student shall not be part of the records hearing procedure. The eligible student or student’s parent(s) has the right to insert written comments or explanations into the record regarding the disputed material. Such inserts shall remain in the education record as long as the education record or contested portion is maintained and exists. The panel shall make a determination after hearing the evidence and make its recommendation in writing within ten (10) working days following the close of the hearing. The panel will make a determination based solely on the evidence presented at the hearing and will include a summary of the evidence and the reason for the decision. The findings of the panel shall be rendered in writing not more than ten (10) working days following the close of the hearing and submitted to all parties.

If, as a result of the hearing, the panel decides that the information in the education record is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall inform the eligible student or the student’s parent(s) of the right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the decision of the panel. If a statement is placed in an education record, the district will ensure that the statement:

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a. Is maintained as part of the student’s records as long as the record or contested portion is maintained by the district; and

b. Is disclosed by the district to any party to whom the student’s records or the contested portion are disclosed.

If, as a result of the hearing, the panel decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall:

a. Amend the record accordingly; and b. Inform the eligible student or the student’s parent(s) of the amendment in writing.

9. Duties and Responsibilities When Requesting Education Records

The district shall, within 10 days of a student seeking initial enrollment in or services from the district, notify the public or private school, ESD, institution, agency, or detention facility or youth care center in which the student was formerly enrolled and shall request the student’s education records.

10. Duties and Responsibilities When Transferring Education Records

The district shall, subject to ORS 339.260, transfer originals of all requested student education records, including any ESD records, relating to the particular student to the new educational agency when a request to transfer the education records is made to the district. The transfer shall be made no later than 10 days after receipt of the request. For students in substitute care programs, the transfer must take place within five days of a request. Readable copies of the following documents shall be retained:

a. The student’s permanent records, for one year; b. Such special education records as are necessary to document compliance with state and federal

audits, for five years after the end of the school year in which the original was created. In the case of records documenting speech pathology and physical therapy services, until the student reaches age 21 or 5 years after last seen, whichever is longer.

Note: Education records shall not be withheld for student fees, fines and charges if requested in circumstances described in ORS 326.575 and applicable rules of the State Board of Education or such records are requested for use in the appropriate placement of a student.

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Disclosure Statement

Required for use in collecting personally identifiable information related to social security numbers.

On any form that requests the social security number (SSN), the following statement shall appear just above the space for the SSN:

“Providing your social security number (SSN) is voluntary. If you provide it, the district will use your SSN for record-keeping, research, and reporting purposes only. The district will not use your SSN to make any decision directly affecting you or any other person. Your SSN will not be given to the general public. If you choose not to provide your SSN, you will not be denied any rights as a student. Please read the statement on the back of this form that describes how your SSN will be used. Providing your SSN means that you consent to the use of your SSN in the manner described.”

On the back of the same form, or attached to it, the following statement shall appear:

“OAR 581-021-0250 (1)(j) authorizes districts to ask you to provide your social security number (SSN). The SSN will be used by the district for reporting, research and record keeping. Your SSN will also be provided to the Oregon Department of Education. The Oregon Department of Education gathers information about students and programs to meet state and federal statistical reporting requirements. It also helps districts and the state research, plan and develop educational programs. This information supports the evaluation of educational programs and student success in the workplace.”

The district and Oregon Department of Education may also match your SSN with records from other agencies as follows:

The Oregon Department of Education uses information gathered from the Oregon Employment Division to learn about education, training and job market trends. The information is also used for planning, research and program improvement.

State and private universities, colleges, community colleges and vocational schools use the information to find out how many students go on with their education and their level of success. Other state agencies use the information to help state and local agencies plan educational and training services to help Oregon citizens get the best jobs available. Your SSN will be used only for statistical purposes as listed above. State and federal law protects the privacy of your records.

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Item: Administrative Regulation IBGAJ-AR- Special Education- Action Free Appropriate Public Education (FAPE), Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: In April 2013, the State Board of Education revised Oregon Administrative Rules (OARs) to reflect federal changes in IDEA (Individuals with Disabilities Act), Part B about notification and consent prior to using parents’ public or private insurance to support special education and related services. Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation IGBAJ-AR- Special Education- Free and Appropriate Education, Revised, for First Reading.

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Special Education - Free Appropriate Public Education (FAPE) - IGBAJ-AR 1-6

Newberg School District 29J Code: IGBAJ-AR Adopted: 2/12/07 Revised: 2/25/08; 7/25/12; _____ Orig. Code(s): 5511 Special Education - Free Appropriate Public Education (FAPE) 1. FAPE and Age Ranges

The district provides special education and related services to all resident school-age students with disabilities, including students enrolled in public charter schools located in the district, as provided below:

a. “School-age children” are children who have reached 5 years of age but have not yet reached

21 years of age on or before September 1 of the current school year. b. The district will admit an otherwise eligible student who has not yet reached 21 years of age

on or before September 1 of the current school year. c. An otherwise eligible person whose 21st birthday occurs during the school year will continue

to be eligible for FAPE for the remainder of the school year. d. The district provides FAPE to students with disabilities who have been suspended or expelled

from school in accordance with the special education discipline rules. 2. Nonacademic Services

a. The district provides equal opportunity for students with disabilities for participation in nonacademic and extracurricular services and activities.

b. Nonacademic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the district and assistance in making outside employment available.

c. The district ensures that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of each individual child.

3. Graduation

a. A student graduating with a regular high school diploma is no longer entitled to FAPE. b. The district provides prior written notice a reasonable time before a student with a disability

graduates with a regular high school diploma. c. The district is not required to conduct a reevaluation before terminating eligibility due to

graduation with a regular high school diploma. d. Graduation with an alternative document:

(1) The district may award an alternative document or certificate meeting the criteria of the

State Board of Education alternative document to a student with a disability.

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(2) Graduation with an alternative document does not terminate eligibility, require an evaluation or require prior written notice.

e. The district may, but is not required to, provide special education and related services to a

student who has graduated with a regular diploma. 4. Incarcerated Youth

a. The district has a plan, approved by the local Board, to provide or cause to be provided, appropriate education for children placed in a local or regional correctional facility located in the district.

b. The district provides FAPE for students with disabilities ages 18 through 21 incarcerated as

adults in an adult correctional facility if, in the last educational setting before their incarceration:

(1) Were identified as students eligible for special education; and (2) Had an IEP.

c. The district’s provisions of FAPE does not include:

(1) The requirements relating to participation of children with disabilities in statewide and

district assessments. (2) For students whose eligibility for services will end before their release, the requirements

related to transition planning and transition service do not apply. The district makes this determination based on considerations of the sentence and eligibility for early release. Requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release.

(3) The IEP team may modify the student’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. Least restrictive environment requirements do not apply with respect to these modifications.

(4) The public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student.

5. Residential Placement

If the IEP team determines that placement in a public or private residential program is necessary to provide FAPE to a student with a disability, the district ensures that the program, including nonmedical care and room and board, is provided at no cost to the parent of the student.

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6. Physical Education

a. The district makes physical education services, specially designed if necessary, available to every child with a disability receiving FAPE, unless the school enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.

b. The district provides the opportunity to each child with a disability to participate in the regular physical education program available to nondisabled children unless the child needs specially designed physical education as prescribed in the child’s IEP.

c. If specially designed physical education is included in the child’s IEP, the district must provide the services directly or make arrangements for those services to be provided through other public or private programs.

d. If the child with a disability is enrolled full time in a separate facility, the district must ensure that the child receives appropriate physical education services.

7. Public Charter Schools

a. The district serves resident children with disabilities attending public charter schools located in the district in the same manner and in accordance with applicable laws and rules governing the district’s provision of services to children with disabilities in its other schools.

b. The district shall, in consultation with the student’s parent, guardian or person in parental relationship, provide FAPE to the student, in accordance with OAR 581-015-2230(1), until the district implements the IEP from the previous district or develops, adopts and implements a new IEP that meets acceptable requirements. If the information received was in effect in a previous district in another state, the district will implement the IEP in accordance with OAR 581-015-2230(2).

c. The district provides supplementary and related services on site at a district charter school to the same extent to which the district has a policy or practice of providing such services on the site to its other public schools.

d. A school district in which a public charter school is located must provide IDEA funds to those charter schools on the same basis as the school district provides those funds to other public schools in the district, including proportional distribution based on relative enrollment of children with disabilities, at the same time as funds are distributed to other public schools in the district.

e. If a child with a disability enrolls in a charter school, the charter school is considered the school the child would attend if not disabled. Enrollment in any charter school is by parent choice. Enrollment in any out-of-district charter school does not require an interdistrict transfer agreement.

When a student enrolls in a pubic charter school, the district in which the public charter school is located shall:

a. Provide written notification of the student’s enrollment to the district in which the student

resides; b. Request, in accordance with applicable confidentially provisions in state and federal laws, the

records of the student, including all information related to an individualized education program developed for the student;

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c. Provide written notification to the student’s parent, guardian or person in parental relationship to provide information about:

(1) The district’s responsibility to identify, locate and evaluate to determine a student’s need for special education and related services and to provide those special education services in the public charter school; and (2) The methods by which the district may be contacted to answer questions or provide information related to special education and related services.

When a student no longer is enrolled in a public charter school for any reason other than graduation, the district in which the public charter school is located shall notify:

a. The district in which the student resided to provide notice:

(1) That the student no longer is enrolled in the public charter school; and (2) That the district will provide the student education records including all information

related to the student’s IEP if the student seeks enrollment or services from the district in which the student resides.

b. The student’s parent, guardian or person in parental relationship to provide information about:

(1) The responsibility of the school district in which the student resides to identify, locate

and evaluation students and implement services; (2) The methods by which the student’s resident district may be contacted to answer

questions or provide information about special education and related services; and (3) The responsibility of the district to provide student records, including information related to the student’s IEP, if the student seeks enrollment or services from another district, including the parent’s resident district.

8. Recovery of Funds for Misclassified Students

The district ensures that students identified on the special education child count under Part B of the Individuals with Disabilities Education Act (IDEA) are limited to students who:

a. Meet eligibility requirements under OAR 581-015-2130 to 2180; b. Have a current IEP that is being implemented; c. Are receiving a free appropriate public education; d. Are enrolled in the district.

9. Students with Disabilities Covered by Public Insurance

With regard to services required to provide FAPE to a student with disabilities, the district:

a. Will not require a parent to sign up for or enroll in public insurance programs in order for their student with disabilities to receive FAPE under Part B of the IDEA;

b. Will not require parents to incur an out-of-pocket expense in order for their student with disabilities to receive FAPE under Part B of the IDEA; and

e. Will not use the student’s benefits under a public insurance if that use would:

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(1) Decrease available lifetime coverage or any other insured benefit; (2) Result in the family paying for services that would otherwise be covered by the public

insurance program and that are required for the student outside the time the student is in school;

(3) Increase premiums or lead to the discontinuation of insurance; or (4) Risk the loss of eligibility for home- and community-based waivers, based on aggregate

health-related expenditures. 10. Students with Disabilities Covered by Private Insurance

a. Each time the district proposes to access a parent’s private insurance proceeds, the district will:

(1) Obtain parent consent (as defined in OAR 581-015-2090); and (2) Inform the parents that their refusal to permit the district to access the private insurance

does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parent(s).

b. The district may use its IDEA Part B funds for a specified service required to ensure FAPE if

the district is unable to obtain consent to use a child’s private insurance. c. If the parent would incur a cost for the district’s use of private insurance, the district may use

its Part B funds to pay the cost the parents otherwise would have to pay to use the private insurance (e.g. the deductible or co-pay amounts).

9. Students with Disabilities under IDEA Enrolled in Public Benefits or Private Insurance

A district may use the State’s Medicaid or other public benefits or private insurance programs in which a child participates to provide or pay for special education and related services required under IDEA, and permitted under the public benefits or insurance programs as specified below.

With regard to services required to provide FAPE to a child with disabilities under IDEA, a district:

a. May not require parents to sign up for or enroll in public benefits or private insurance

programs in order for their child with disabilities to receive FAPE under the IDEA, but may pay the cost that the parent otherwise would be required to pay; and

b. May not use the child’s benefits under a public insurance program if that use would:

(1) Decrease available lifetime coverage or any other insurance benefit; (2) Result in the family paying for services that would otherwise be covered by the public

benefits or private insurance program, and that are required for the child outside of the time the child is in school;

(3) Increase premiums or lead to the discontinuation of insurance; or (4) Risk loss of eligibility for home and community-based waiver, based on aggregate

health-related expenditures;

AND

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Prior to accessing a student’s or parent’s public benefits or private insurance for the first time, and annually thereafter, the district must provide prior written notification to the student’s parents and must obtain written consent1 that:

a. States the personally identifiable information that may be disclosed (e.g. records or

information about the services that may be provided to the student); b. States the purpose of the disclosure (e.g. billing for services under IDEA); c. Names the agency to which the disclosure may be made (e.g. Medicaid); d. Specifies that the parent understands and agrees that the public agency may access the parent’s

or student’s public benefits or insurance to pay for services under IDEA; e. Acknowledges the district may not require parents to incur an out-of-pocket expense (i.e.

payment of a deductible or co-payment incurred in filing a claim for special education or related services), but may pay the cost that the parent otherwise would be required to pay; and

f. Acknowledges the district may not use the student’s benefits under a public insurance program, if that use would:

(1) Decrease available lifetime coverage of any other insured benefit; (2) Result in the family paying for services that would otherwise be covered by the public

benefits or private insurance program and that are required for the student outside of the time the student is in school;

(3) Increase premiums or lead to the discontinuation of insurance; or (4) Risk loss of eligibility for home and community-based waivers, based on aggregate

health-related expenditures. 10. Accessible Materials

a. Districts must ensure the timely provision of print instructional materials, including textbooks that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled.

b. Districts must ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those children who are not blind or print disabled.

11. ESY as per administrative regulations, Special Education - Individualized Education Program (IEP)

- IGBAF-AR. 12. Assistive Technology as per administrative regulations, Special Education - Individualized

Education Program (IEP) - IGBAF-AR.

1“Consent” means that the parent or adult student a) has been fully informed, in his/her native language or other mode of communication, of all information relevant to the activity for which consent is sought and b) understands and agrees in writing to the carrying out of the activity for which his/her consent is sought. Consent is voluntary of the part of the parent and meeting the requirements of consent provision for OAR 581-015-2090, IDEA and Family Education Rights and Privacy Act (FERPA).

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Item: Administrative Regulation IBGAG-AR- Special Education- Procedural Action Safeguards, Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: In April 2013, the State Board of Education revised Oregon Administrative Rules (OARs) to reflect federal changes in IDEA (Individuals with Disabilities Act), Part B about notification and consent prior to using parents’ public or private insurance to support special education and related services. Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation IGBAG-AR- Special Education- Procedural Safeguards, Revised, for First Reading.

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Special Education - Procedural Safeguards** - IGBAG-AR 1-11

Newberg School District 29J Code: IGBAG-AR Adopted: 2/12/07 Readopted/Revised: 2/11/08; 5/24/10; _____ Special Education - Procedural Safeguards** 1. Procedural Safeguards

a. The district provides procedural safeguards to:

(1) Parents, guardians (unless the guardian is a state agency) or persons in parental relationship to the student;

(2) Surrogate parents; and (3) Students who have reached the age of 18, the age of majority, or are considered

emancipated under Oregon law and to whom rights have transferred by statute, identified as adult students (called “eligible students”).

b. The district gives parents a copy of the Notice of Procedural Safeguards, published by the

Oregon Department of Education (ODE):

(1) At least once a year; and (2) At the first referral or parental request for evaluation to determine eligibility for special

education services; (3) When the parent (or adult student) requests a copy; (4) To the parent and the student one year before the student’s 18th birthday or upon

learning that the student is considered emancipated.

c. The Notice of Procedural Safeguards is:

(1) Provided written in the native language or other communication of the parents (unless it is clearly not feasible to do so) and in language clearly understandable to the public.

(2) If the native language or other mode of communication of the parent is not a written language, the district takes steps to ensure that:

i. The notice is translated orally or by other means to the parent in his/her native

language or other mode of communication; ii. The parent understands the content of the notice; and

iii. There is written evidence that the district has met these requirements. 2. Content of Procedural Safeguards Notice

The procedural safeguards notice includes all of the content provided in the Notice of Procedural Safeguards published by the Oregon Department of Education.

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3. Parent or Adult Student Meeting Participation

a. The district provides parents or adult students an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the student, and the provision of a free appropriate public education to the student.

b. The district provides parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend. The written notice:

(1) States the purpose, time and place of the meeting and who is invited to attend; (2) Advises that parents or adult students may invite other individuals who they believe have

knowledge or special expertise regarding the student; (3) Advises the parents or adult student that the team may proceed with the meeting even if

they are not in attendance; (4) Advises the parent or adult students who to contact before the meeting to provide

information if they are unable to attend; and (5) Indicates if one of the meeting’s purposes is to consider transition services or transition

service needs. If so:

i. Indicates that the student will be invited; and ii. Identifies any agencies invited to send a representative.

c. The district takes steps to ensure that one or both of the parents of a student with a disability

are present at each IEP or placement meeting or are afforded the opportunity to participate, including:

(1) Notifying parents of the meeting early enough to ensure that they will have an

opportunity to attend; and (2) Scheduling the meeting at a mutually agreed on time and place.

d. If neither parent can participate, the district will use other methods to ensure participation,

including, but not limited to, individual or conference phone calls or home visits. e. The district may conduct an evaluation planning or eligibility meeting without the parent or

adult student if the district provided meeting notice to the parent or adult student sufficiently in advance to ensure an opportunity to attend.

f. The district may conduct an IEP or placement meeting without the parent or adult student if the district is unable to convince the parents or adult students that they should participate. Attempts to convince the parent to participate will be considered sufficient if the district:

(1) Communicates directly with the parent or adult student and arranges a mutually

agreeable time and place and sends written notice to confirm the arrangement; or (2) Proposes a time and place in the written notice stating that a different time and place

might be requested and confirms that the notice was received.

g. If the district proceeds with an IEP meeting without a parent or adult student, the district must have a record of its attempts to arrange a mutually agreed upon time and place such as:

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(1) Detailed records of telephone calls made or attempted and the results of those calls; (2) Copies of correspondence sent to the parents and any responses received; and (3) Detailed records of visits made to the parents’ home or place of employment and the

results of those visits.

h. The district takes whatever action is necessary to ensure that the parent or adult student understands the proceedings at a meeting, including arranging for an interpreter for parents or adult students who are deaf or whose native language is other than English.

i. After the transfer of rights to an adult student at the age of majority, the district provides written notice of meetings to the adult student and parent, if the parent can be reasonably located. After the transfer of rights to an adult student at the age of majority, a parent receiving notice of an IEP meeting is not entitled to attend the meeting unless invited by the adult student or the district.

j. An IEP meeting does not include:

(1) Informal or unscheduled conversations involving school district personnel; (2) Conversations on issues such as teaching methodology, lesson plans or coordination of

service provision if those issues are not addressed in the student’s IEP; or (3) Preparatory activities that district or public personnel engage in to develop a proposal or

response to a parent proposal that will be discussed at a later meeting. 4. Surrogate Parents

a. The district protects the rights of a student with a disability, or suspected of having a disability, by appointing a surrogate parent when:

(1) The parent cannot be identified or located after reasonable efforts; (2) The student is a ward of the state or an unaccompanied homeless youth and there is

reasonable cause to believe that the student has a disability, and there is no foster parent or other person available who can act as the parent of the student; or

(3) The parent or adult student requests the appointment of a surrogate parent.

b. The district secures nominations of persons to serve as surrogates. The district appoints surrogates within 30 days of a determination that the student needs a surrogate, unless a surrogate has already been appointed by juvenile court.

c. The district will only appoint a surrogate who:

(1) Is not an employee of the district or the Oregon Department of Education; (2) Is not an employee of any other agency involved in the education or care of the student; (3) Is free of any personal or professional interest that would interfere with representing the

student’s special education interests; and (4) Has the necessary knowledge and skills that ensure adequate representation of the

student in special education decisions. The district will provide training, as necessary, to ensure that surrogate parents have the requisite knowledge.

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d. The district provides all special education rights and procedural safeguards to appointed surrogate parents.

e. A surrogate will not be considered an employee of the district solely on the basis that the surrogate is compensated from public funds.

f. The duties of the surrogate parent are to:

(1) Protect the special education rights of the student; (2) Be acquainted with the student’s disability and the student’s special education needs; (3) Represent the student in all matters relating to the identification, evaluation, IEP and

educational placement of the student; and (4) Represent the student in all matters relating to the provision of a free appropriate public

education to the student.

g. A parent may give written consent for a surrogate to be appointed.

(1) When a parent requests that a surrogate be appointed, the parent shall retain all parental rights to receive notice and all of the information provided to the surrogate. When the district appoints a surrogate at parent request, the district will continue to provide to the parent a copy of all notices and other information provided to the surrogate.

(2) The surrogate, alone, shall be responsible for all matters relating to the special education of the student. The district will treat the surrogate as the parent unless and until the parent revokes consent for the surrogate’s appointment.

(3) If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate’s appointment;

h. An adult student to whom rights have transferred at age of majority may give written consent

for a surrogate to be appointed. When an adult student requests that a surrogate be appointed, the student shall retain all rights to receive notice and all of the information provided to the surrogate. The surrogate, alone, shall be responsible for all matters relating to the special education of the student. The district will treat the surrogate as the adult student unless and until the adult student revokes consent for the surrogate’s appointment. If an adult student gives written consent for a surrogate to be appointed, the adult student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.

i. The district may change or terminate the appointment of a surrogate when:

(1) The person appointed as surrogate is no longer willing to serve; (2) Rights transfer to the adult student or the student graduates with a regular diploma; (3) The student is no longer eligible for special education services; (4) The legal guardianship of the student is transferred to a person who is able to carry out

the role of the parent; (5) A foster parent or other person is identified who can carry out the role of parent; (6) The parent, who previously could not be identified or located, is now identified or

located; (7) The appointed surrogate is no longer eligible; (8) The student moves to another school district; or (9) The student is no longer a ward of the state or unaccompanied homeless youth.

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j. The district will not appoint a surrogate solely because the parent or student to whom rights

have transferred is uncooperative or unresponsive to the special education needs of the student.

5. Transfer of Rights at Age of Majority

a. When a student with a disability reaches the age of majority, marries or is emancipated, rights previously accorded to the student’s parents under the special education laws, transfer to the student. A student for whom rights have transferred is considered an “adult student” under OAR 581-015-2000(1).

b. The district provides notice to the student and the parent that rights (accorded by statute) will transfer at the age of majority. This notice is provided at an IEP meeting and documented on the IEP:

(1) At least one year before the student’s 18th birthday; (2) More than one year before the student’s 18th birthday, if the student’s IEP team

determines that earlier notice will aid transition; or (3) Upon actual knowledge that within a year the student will likely marry or become

emancipated before age 18.

c. The district provides written notice to the student and to the parent at the time of the transfer. d. These requirements apply to all students, including students who are incarcerated in a state or

local adult or juvenile correctional facility or jail. e. After transfer of rights to the student, the district provides any written prior notices and written

notices of meetings required by the special education laws to the adult student and to the parent if the parent can be reasonably located.

f. After rights have transferred to the student, receipt of notice of an IEP meeting does not entitle the parent to attend the meeting unless invited by the student or the district.

6. Prior Written Notice

a. The district provides prior written notice to the parent of a student, or student, within a reasonable period of time, whenbefore the district:

(1) pProposes to initiate or change, or refuses to initiate or change, the identification,

evaluation or educational placement of the student, or the provision of a FAPE to the child.; or

(2) b. The district provides prior written notice after a decision is made and a reasonable time before that decision is implemented.Refuses to initiate or change the identification, evaluation or educational placement of the student, or the provision of a FAPE to the child.

b. The content of the prior written notice will include:

(1) A description of the action proposed or refused by the district; (2) An explanation of why the district proposed or refused to take the action; (3) A description of any options that the IEP team considered and reasons why those options

were rejected;

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(3) A description of each evaluation procedure, test, assessment, record or report used as a basis for the proposal or refusal;

(4) A description of any other factors that are relevant to the district’s proposal or refusal; (4) A statement that the parents of a student with a disability have procedural safeguards

and, if this notice is not an initial referral for evaluation, how a copy of the Procedural Safeguards Notice may be obtained; and

(5) Sources for parents to contact to obtain assistance in understanding their procedural safeguards.;

(6) A description of other options the IEP team considered and the reasons why those options were rejected; and

(7) A description of other factors that are relevant to the agency’s proposal or refusal.

c. The prior written notice is:

(1) Written in language understandable to the general public; and (2) Provided in the native language of the parent or other mode of communication used by

the parent, unless it is clearly not feasible to do so; (3) If the native language or other mode of communication of the parent is not a written

language, the district shall take steps to ensure that:

i. The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;

ii. The parent understands the content of the notice; and iii. There is written evidence that the requirements of this rule have been met.

d. If the proposed action requires prior written notice and written consent, the district may give

notice at the same time consent is requested. 7. Consent1 – Initial Evaluation

a. The district provides notice and obtains informed written consent from the parent or adult student before conducting an initial evaluation to determine whether a student has a disability (as defined by Oregon law) and needs special education. Consent for initial evaluation is not consent for the district to provide special education and related services.

b. The district makes reasonable efforts to obtain informed consent from a parent for an initial evaluation to determine a child’s eligibility for special education services. If a parent does not provide consent for an initial evaluation or does not respond to a request for consent for an initial evaluation, the school district may, but is not required to, pursue the initial evaluation of the child through mediation or due process hearing procedures. The district does not violate its child find obligations if it declines to pursue the evaluation using these procedures.

1“Consent” means that the parent or adult student: a) has been fully informed, in his/her native language or other mode of communication, of all information relevant to the activity for which consent is sought; and b) understands and agrees in writing to the carrying out of the activity for which his/her consent is sought. Consent is voluntary of the part of the parent and meeting the requirements of consent provision for OAR 581-015-2090, IDEA and Family Education Rights and Privacy Act (FERPA).

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8. Consent – Initial Provision of Special Education Services

a. The district provides notice and obtains informed written consent from the parent or adult student before the initial provision of special education and related services to the student.

b. The district makes reasonable efforts to obtain informed consent, but if a parent or adult student does not respond or refuses consent for initial provision of special education and related services, the district does not convene an IEP meeting, develop an IEP or seek to provide special education and related services through mediation or due process hearing procedures. The district will not be considered to be in violation of the requirement to make FAPE available to the student under these circumstances. The district stands ready to serve the student if the parent or adult student later consents.

9. Consent – Re-evaluation

a. The district obtains informed parent consent before conducting any re-evaluation of a child with a disability, except: (1) The district does not need written consent for a re-evaluation if the parent does not

respond after reasonable efforts to obtain informed consent. However, the district does not conduct individual intelligence tests or tests of personality without consent.

(2) If a parent refuses to consent to the re-evaluation, the district may, but is not required to, pursue the re-evaluation by using mediation or due process hearing procedures.

b. A parent or adult student may revoke consent at any time before the completion of the activity

for which they have given consent. If a parent or adult student revokes consent, that revocation is not retroactive.

10. Consent – Other Requirements

a. The district documents its reasonable efforts to obtain parent consent, such as phone calls, letters and meeting notes.

b. If a parent of a student who is home schooled or enrolled by the parents in a private school does not provide consent for the initial evaluation or the re-evaluation, or if the parent does not respond to a request for consent, the district:

(1) Does not use mediation or due process hearing procedures to seek consent; and (2) Does not consider the child as eligible for special education services.

c. If a parent or adult student refuses consent for one service or activity, the district does not use

this refusal to deny the parent or child any other service, benefit or activity, except as specified by these rules and procedures.

d. If, at any time subsequent to the initial provision of special and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the district:

(1) May not continue to provide special education and related services to the child, but must

provide prior written notice before ceasing the provision of special education and related services;

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(2) May not use mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child;

(3) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and

(4) Is not required to convene an IEP team meeting or develop an IEP for the child for further provision of special education or related services.

11. Exceptions to Consent

a. The district does not need written parent or adult student consent before:

(1) Reviewing existing data as part of an evaluation or re-evaluation; (2) Administering a test or other evaluation administered to all students without consent

unless, before administration of that test or evaluation, consent is required of parents of all students;

(3) Conducting evaluations, tests, procedures or instruments that are identified on the student’s individualized education program (IEP) as a measure for determining progress; or

(4) Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation.

b. The district does not need written parent consent to conduct an initial special education

evaluation of a student who is a ward of the state and not living with the parent if:

(1) Despite reasonable efforts to do so, the district has not been able to find the parent; (2) The parent’s rights have been terminated in accordance with state law; or (3) The rights of the parent to make educational decisions have been subrogated by a judge

in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

c. The district does not need written parental consent if an administrative law judge (ALJ) determines that the evaluation or re-evaluation is necessary to ensure that the student is provided with a free appropriate public education.

12. Independent Educational Evaluations (IEE)

a. A parent of a student with a disability has a right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district, subject to paragraphs b. through e. of this section.

b. If a parent requests an independent educational evaluation at public expense, the district provides information to parents about where an independent educational evaluation may be obtained, and the district criteria applicable for independent educational evaluations.

c. If a parent requests an independent educational evaluation at public expense, the district, without unnecessary delay, either:

(1) Initiates a due process hearing to show that its evaluation is appropriate; or

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(2) Ensures that an independent educational evaluation is provided at public expense unless the district demonstrates in a hearing that the evaluation obtained by the parent did not meet district criteria.

d. The district criteria for independent educational evaluations are the same as for district

evaluations including, but not limited to, location, examiner qualifications and cost.

(1) Criteria established by the district do not preclude the parent’s access to an independent educational evaluation.

(2) The district provides the parents the opportunity to demonstrate the unique circumstances justifying an IEE that does not meet the district’s criteria.

(3) A parent may be limited to one independent educational evaluation at public expense each time the district conducts an evaluation with which the parent disagrees.

e. If a parent requests an independent educational evaluation, the district may ask why the parent

disagrees with the public evaluation. The parent may, but is not required to provide an explanation. The district may not:

(1) Unreasonably delay either providing the independent educational evaluation at public

expense or initiating a due process hearing to defend the public evaluation; (2) Except for the criteria listed above in c., impose conditions or timelines related to

obtaining an IEE at public expense.

f. The district considers an independent educational evaluation submitted by the parent, in any decision made with respect to the provision of a free appropriate public education to the student, if the submitted independent evaluation meets district criteria.

13. Dispute Resolution – Mediation

a. The district or parent may request mediation from ODE for any special education matter, including before the filing of a complaint or due process hearing request.

b. The district acknowledges that:

(1) Mediation must be voluntary on the part of the parties, must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and may not be used to deny or delay a parent’s right to a due process hearing or filing a complaint.

(2) Each mediation session must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.

(3) An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement that:

i. States the terms of the agreement;

ii. States that all discussions that occurred during the mediation process remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

iii. Is signed by the parent and a representative of the school district who has the authority to bind the district to the mediation agreement.

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(4) Mediation communication is not confidential if it relates to child or elder abuse and is

made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.

(5) The mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.

14. Dispute Resolution – Complaint Investigation

a. Any organization or person may file a signed, written complaint with the State Superintendent of Public Instruction alleging that a school district or ESD is violating or has violated the Individuals with Disabilities Education Act or associated regulations within one year before the date of the complaint. Upon receiving a parent complaint, the Oregon Department of Education (ODE) forwards the complaint to the district or ESD along with a request for a district response to the allegations in the complaint.

b. Upon receiving a request for response from ODE, the district responds to the allegations and furnishes any requested information or documents within 10 business days.

c. The district sends a copy of the response to the complainant. If ODE decides to conduct an on-site investigation, district personnel participate in interviews and provide additional documents as needed.

d. The district and the complainant may attempt to resolve a disagreement that led to a complaint through mediation. If they decide against mediation, or if mediation fails to produce an agreement, ODE will pursue the complaint investigation.

e. If ODE substantiates some or all of the allegations in a complaint, it will order corrective action. The district satisfies its corrective action obligations in a timely manner.

f. If the district disagrees with the findings and conclusions in a complaint final order, it may seek reconsideration by ODE or judicial review in county circuit court.

15. Due Process Hearing Requests

a. The district acknowledges that parents may request a due process hearing if they disagree with a district proposal or refusal relating to the identification, evaluation, educational placement or provision of a free appropriate education to a student who may have a disability and be eligible for special education.

b. The district may request a due process hearing regarding the identification, evaluation, educational placement or provision of a free appropriate education to a student who may have a disability and be eligible for special education.

c. When requesting a due process hearing, the district or the attorney representing the district provides notice to the parent and to ODE.

d. The party, including the district, that did not file the hearing request must, within 10 days of receiving the request for a hearing, send to the other party a response that specifically addresses the issues raised in the hearing request.

e. If the parent had not yet received prior written notice of the district’s proposal or refusal, the district, within 10 days of receiving the hearing request for a due process hearing, sends to the parent a response that includes:

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(1) An explanation of why the district proposed or refused to take the action raised in the hearing request;

(2) A description of other options that the district considered and the reasons why those options were rejected;

(3) A description of each evaluation procedure, assessment, record or report the district used as the basis for the proposed or refused action; and

(4) A description of the factors relevant to the district’s proposal or refusal. 16. Resolution Session

a. Within 15 days of receiving a due process hearing request, the district will hold a resolution session with the parents and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process hearing request.

b. This meeting will include a representative of the district who has decision-making authority for the district.

(1) The district will not include an attorney unless the parent brings an attorney. (2) The district will provide the parent with an opportunity for the parent to discuss the

hearing request and related facts so that the district has an opportunity to resolve the dispute.

(3) The district and parent may agree in writing to waive the resolution meeting. If so, the 45 day hearing timeline will begin the next business day, unless the district and parent agree to try mediation in lieu of the resolution session.

17. Time Limitations and Exception

a. A parent must request a due process hearing within two years after the date of the district act or omission that gives rise to the parent’s hearing request.

b. This timeline does not apply to a parent if the district withheld relevant information from the parent or incorrectly informed the parent that it had resolved the problem that led the parent’s hearing request.

18. Hearing Costs

a. The district reimburses the Oregon Department of Education (ODE) for costs related to conducting the hearing, including pre-hearing conferences, scheduling arrangement and other related matters.

b. The district provides the parent with a written or, at the option of the parent, an electronic verbatim recording of the hearing, within a reasonable time of the close of the hearing

c. The district does not use IDEA funds to pay attorney’s fees or other hearing costs. 19. Discipline and Placement in Interim Alternative Setting

See Board policy JGDA/JGEA - Discipline of Disabled Students.

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Item: Policy JHCCA- Students- HIV, HBV and AIDS, Revised, First Reading Action Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Oregon Administrative Rule (OAR) 333-018-0030 has been repealed so the Oregon Health Authority’s recommendation is for districts to utilize the Oregon Department of Education’s Oregon School Health Services Manual: Communication Disease section. Recommendation: Move that the Newberg School District Board of Directors approve Policy JHCCA-Students-HIV, HBV and AIDS, Revised, for First Reading.

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Students - HIV, and HBV and AIDS** - JHCCA 1-1

Newberg School District 29J Code: JHCCA Adopted: 5/14/07 Revised: ______ Orig. Code(s): 5440

Students - HIV, and HBV and AIDS** This policy applies to students six years or older who are HIV or HBV1 and are not special risk. “Special risk” students as used in this policy and as defined by Oregon Department of Human Services, Health Services, means students who lack control of their body secretions or who display behaviors such as biting, spitting or scratching and/or who have uncoverable, oozing lesions. The district will adhere strictly in policies and procedures to the Oregon Revised Statutes and the Oregon Administrative Rules as they relate to a student infected with HIV or HBV or diagnosed with AIDS1. The district recognizes a parent (student) has no obligation to inform the district of an HIV, or HBV or AIDS condition, and that the student has a right to attend school. If the district is informed of such a student, written guidelines shall be requested of the parent (student). These guidelines shall include who may have the information, who will give the information, how the information will be given and where and when the information will be given. When informed of the infection, and with written permission from the parent (student), the district will develop procedures for formulating an evaluation team. The team shall address the nature, duration and severity of risk as well as any modification of activities. The team shall continue to monitor the student’s condition. Notification of alternative education programs shall be made to the parent or eligible student, if an HIV, or HBV or AIDS student withdraws from school. The district shall also develop policies and/or procedures for rumor control, infection control, student accommodations and public relations/media. END OF POLICY Legal Reference(s):

1HIV - Human Immunodeficiency Virus; HBV - Hepatitis B Virus; AIDS - Acquired Immune Deficiency Syndrome

ORS 326.565 ORS 326.575 ORS 332.061 ORS 336.187 ORS 339.030

ORS 339.250 ORS 433.008 ORS 433.045 OAR 333-012-0265

OAR 333-012-0270 OAR 333-018-0000 OAR 333-018-0005 OAR 581-022-0705 OAR 581-022-1660

OR HEALTH DIVISION, GUIDELINES FOR SCHOOLS WITH CHILDREN WHO HAVE HEPATITIS B VIRUS OR HIV INFECTION (2001). OREGON SCHOOL HEALTH SERVICES MANUAL: COMMUNICABLE DISEASES APPENDIX IV. GUIDELINES FOR SCHOOLS WITH CHILDREN WHO HAVE BLOODBORNE PATHOGENS, OREGON DEPARTMENT OF EDUCATION 2012.

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Item: Delete Policy JHCCB- Students HIV, AIDS, HBV (5 Years and Action Younger), Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Oregon Administrative Rule (OAR) 333-018-0030 has been repealed so the Oregon Health Authority’s recommendation is for districts to utilize the Oregon Department of Education’s Oregon School Health Services Manual: Communication Disease section. Policies JHCCA has been adjusted to cover all students and all three diseases. Oregon School Board’s Association recommends the deletion of JHCCB. Recommendation: Move that the Newberg School District Board of Directors delete Policy JHCCB-Students-HIV, AIDS, HBV (Five Years and Younger).

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Students - HIV, AIDS, HBV** - JHCCB 1-2

Newberg School District 29J Code: JHCCB Adopted: 5/14/07 Orig. Code(s): 5441 Students - HIV, AIDS, HBV**

(Five Years and Younger) RECOMMEND DELETE POLICY DUE TO REPEAL OF OAR 333-018-0030 and PER OSBA RECOMMENDATION TO COMBINE WITH POLICY JHCCA This policy applies to HIV students five years of age or younger, special risk HIV students as well as all students with AIDS. “Special risk” students as used in this policy and as defined by Oregon Department of Human Services, Health Services, means students who lack control of their body secretions or who display behaviors such as biting, spitting or scratching and/or who have uncoverable, oozing lesions. The district shall adhere strictly in policies and procedures to the Oregon Revised Statutes and Oregon Administrative Rules as they relate to a student infected with HIV or AIDS1. A parent of a student with HIV or AIDS must notify the superintendent for continued educational services. If the parent or student does not notify the school district, the Oregon Department of Human Services, Health Services, or local health department shall issue an order to exclude the student from school, or the parent (student) may voluntarily withdraw from school. In either case, the district must notify the student and parent of alternative education programs. If the district is informed, written guidelines shall be requested of the parent (student). These guidelines shall include who may have the student information, who shall give the information, how the information shall be given and where and when the information shall be given. After the Oregon Department of Human Services, Health Services, or local health department evaluates the student’s risks to others, including any restrictions which may be required, this condition shall be reported by the parents to the district. When informed and with written permission from the parent (student), the district shall develop procedures for formulating an evaluation team. The team shall address the nature, duration and severity of risk as well as any modification of activities. Monitoring of the student’s condition shall be included. The district shall also develop policies and/or procedures for rumor control, infection control, student accommodations and public relations/media. END OF POLICY

1HIV - Human Immunodeficiency Virus; AIDS - Acquired Immune Deficiency Syndrome

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Students - HIV, AIDS, HBV** - JHCCB 2-2

Legal Reference(s): ORS 326.565 ORS 326.575 ORS 332.061 ORS 336.187 ORS 339.030 ORS 339.250 ORS 433.008

ORS 433.045 ORS 433.255 ORS 433.260 OAR 333-012-0270 OAR 333-018-0000 OAR 333-018-0005

OAR 333-018-0030 OAR 333-019-0031 OAR 581-022-0705 OAR 581-022-1660 OAR 581-022-1910

OR Health Division, Guidelines for Schools with Children Who Have Hepatitis B Virus or HIV Infection (2001).

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Item: Admin. Regulation, GCDBA/GDBDA-AR (1)- Federal Family and Action Medical Leave/State Family and Medical Leave, Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Definition of Child/ Son or Daughter: In January 2013 the Department of Labor issued a Guidance Fact Sheet clarifying that the disability of a son or daughter does not have to have occurred or be diagnosed prior to the age of 18 for that parent to be eligible for FMLA/OFLA leave. The onset of the disability may occur at any age for purposes of the definition of a “son or daughter” or “child” under FMLA. The Policy Committee has chosen to adjust OSBA’s suggested language to better clarify the meaning of the Dept. of Labor statement. Military Leave In February 2013 the Department of Labor issued rules pertaining to Military Leave as it relates to FMLA. Those corrections have been made. FMLA- Federal Family and Medical Leave Act OFLA- Oregon (State) Family and Medical Leave Act Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation GCBDA/GDBDA-AR (1)- Federal Family and Medical Leave/State Family and Medical Leave, Revised, for First Reading.

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Federal Family and Medical Leave/State Family Medical Leave * - GCBDA/GDBDA-AR(1) 1-14

Newberg School District 29J Code: GCBDA/GDBDA-AR(1) Adopted: 12/11/06 Readopted: 3-15-10 Revised: Federal Family and Medical Leave/State Family Medical Leave * Coverage Federal law covers public agencies, including districts. In order for school employees to be eligible, however, they must be employed at a work site with 50 or more employees within 75 miles of the employee’s work site for each working day during each of the 20 or more calendar workweeks in the year in which the leave is taken or in the preceding calendar year. State law covers districts that employ 25 or more part-time or full-time employees for each working day during 20 or more calendar workweeks in the calendar year in which the leave is to be taken, or in the calendar year immediately preceding the year in which the leave is to be taken. Eligibility Federal law applies to employees who have worked for the district for at least 12 months and for at least 1250 hours during the year preceding the start of the leave. State law generally applies to employees who work an average of 25 hours or more per week for the district during the 180 days or more immediately prior to the first day of the start of the requested leave. Oregon Military Family Leave Act (OMFLA) applies to employees who work an average of at least 20 hours per week. For parental leave purposes, an employee becomes eligible upon completing at least 180 days immediately preceding the date on which the parental leave begins. There is no minimum average number of hours worked per week when determining employee eligibility for parental leave. In determining that an employee has been employed for the preceding 180 calendar days, the employer must count the number of days an employee is maintained on the payroll, including all time paid or unpaid. If an employee continues to be employed by a successor in interest to the original employer, the number of days worked are counted as continuous employment by a single employer. In determining 25 hours average workweek, the employer must count the actual hours worked using guidelines set out pursuant to the Fair Labor Standards Act. Definitions “Child” - for the purpose of taking sick child leave under state law, means a biological, adopted or foster child, or stepchild of the employee, for whom the employee has parental rights and duties as defined by law or a child with whom the employee is or was in a relationship of “in loco parentis.” A legal or biological relationship is not required. The child must be under 18 years of age or may be 18 years of age or older if incapable of self-care due to mental or physical impairment, regardless of the age of onset for the impairment, as defined by ORS 659A.100(2)(d). For purposes of sick child leave only, child also includes child of employee’s same-sex domestic partner.

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“Contingency Operation” is a military operation that: 1. Is designated by the Secretary of Defense as an operation in which members of the Armed Forces are or may

become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or

2. Results in the call or order to, or retention on, active duty of members of the uniformed services under section

688, 12301(a), 12302, 12304, 12305 or 12406 of Title 10 of the United States Code, chapter 15 of Title 10 of the United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress.

“Covered active duty” means: 3. In the case of a member of a regular component of the Armed Forces, duty during the deployment of the

member with the Armed Forces to a foreign country; and 4. In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the

member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of Title 10, United States Code.

“Covered servicemember” means: 5. A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing

medical treatment , recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

6. A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and

who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

“Family member” means the spouse, same-sex domestic partner, custodial parent, noncustodial parent, adoptive parent, foster parent, biological parent when considering family definition under OFLA, the grandparent or grandchild of the employee, parent-in-law, parent of same-sex domestic partner or a person with whom the employee is or was in a relationship of “in loco parentis.” Eligibility under OFLA and FMLA also includes the biological, adopted or foster child, child of employee’s same-sex domestic partner or stepchild of an employee. For OFLA purpose of a serious health condition, child includes both minor and adult children. “Next of kin” means the nearest blood relative of the eligible employee. “Serious Health Condition,” under federal law means an illness, injury, impairment or physical or mental condition that involves: 7. Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e. an overnight

stay) in a hospital, hospice or residential medical care facility; 8. Any period of incapacity requiring absence from work, school or other regular daily activities, of more than

three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider;

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9. Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days;

10. Illness, disease or condition is terminal, requires constant care and poses an imminent danger of death; or 11. Disability due to pregnancy, childbirth or prenatal care. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. An employee is unable to perform the functions of the position when the health care provider finds that the employee is unable to work at all or is unable to perform any of the essential functions of the employee’s position within the meaning of the Americans with Disabilities Act of 1990 and Americans with Disabilities Act Amendments Act of 2008 (ADA) federal regulations. The district has the option, in requiring medical verification from a health care provider, to provide a statement of the essential functions of the employee’s position for the provider to review. A “serious health condition” under state law means an illness, injury, impairment or physical or mental condition of an employee or family member that: 12. Requires inpatient care in a hospital, hospice or residential medical care facility such as a nursing home.

When a family member resides in a long-term residential care facility, leave shall apply only to:

a. Transition periods spent moving the family member from one home or facility to another, including time to make arrangements for such transitions;

b. Transportation or other assistance required for a family member to obtain care from a physician; c. Serious health conditions as described in items 2-8 below.

13. The treating health care provider judges to pose an imminent danger of death, or that is terminal in prognosis

with a reasonable possibility of death in the near future; 14. Requires constant or continuing care such as home care administered by a health care professional; 15. Involves a period of incapacity. Incapacity is the inability to perform at least one essential job function, or to

attend school or perform regular daily activities for more than three consecutive calendar days and any subsequent required treatment or recovery period relating to the same condition. This incapacity must involve:

a. Two or more treatments by a health care provider; b. One treatment plus a regimen of continuing care.

16. Results in a period of incapacity or treatment for a chronic serious health condition that requires periodic

visits for treatment by a health care provider, continues over an extended period of time and may cause episodic rather than a continuing period of incapacity such as asthma, diabetes or epilepsy;

17. Involves permanent or long-term incapacity due to a condition for which treatment may not be effective, such

as Alzheimer’s disease, a severe stroke or terminal stages of a disease;

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18. Involves multiple treatments for restorative surgery or for a condition such as chemotherapy for cancer,

physical therapy for arthritis or dialysis for kidney disease that if not treated would likely result in incapacity of more than three days; or

19. Involves any period of disability of a female due to pregnancy or childbirth or period of absence for prenatal

care. “Serious injury or illness,” for the purpose of caring for a covered servicemember, means: 20. In the case of a member of the Armed Forces, including a member of the National Guard or Reserves, an

injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces, or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating; and

21. In the case of a veteran who was a member of the Armed Forces, including a member of the National Guard

or Reserves, at any time during the period of five years preceding the date of which the veteran undergoes that medical treatment, recuperation or therapy, means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces, or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that manifested itself before or after the member became a veteran. In the case of a covered veteran, an injury or illness that was incurred by the member in the line of duty, on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty, on active duty in the Armed Forces) and manifested itself before or after the member became a veteran, and is:

a. A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran

was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank or rating; or

b. A physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or

c. A physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or

d. An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

Purpose of Leave Federal and state laws allow eligible employees to take FMLA or OFLA leave for the following purposes, commonly referred to as parental leave, serious health condition leave, pregnancy disability leave and sick child leave (child leave is OFLA only): 22. Birth of the employee’s child (eligibility expires 12 months after the birth); 23. Placement of a child for adoption or foster care when the child is under 18 years of age or older than 18 if

incapable of self-care (eligibility expires 12 months after placement);

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24. Care of a family member with a serious health condition; 25. Employee’s own serious health condition; 26. Qualifying Exigency Leave: Allowing family members time to deal with any qualifying exigency arising out

of the fact that the spouse, son, daughter or parent of the employee is a covered military member on covered active duty, or has been notified of an impending call to covered active duty status in support of a contingency operation (FMLA) Eligible employees may take FMLA leave for a qualifying exigency while the employee’s spouse, son, daughter or parent is on covered active duty or called to covered active duty status during the deployment of the member with the Armed Forces to a foreign country.” (CFR section 825.126(a)(1 and 2); Federal Register Vol. 78, No. 25, Page 8917);

27. Injured Service member Leave: Allowing an employee leave to care for a covered servicemember who is the

employee’s spouse, son, daughter, parent, or next of kin, who has been injured in the line of duty as a member of the Armed Forces;

28. Additionally, state law also allows employees to take leave for the care of a sick or injured child who requires

home care but is not suffering from a serious health condition. The district is not required to grant leave for routine medical or dental appointments;

29. Military Family Leave: Allowing leave for a spouse or domestic partner of a military personnel per each

deployment of the spouse or domestic partner when the spouse or domestic partner has either been notified of an impending call to active duty, has been ordered to active duty, or has been deployed or on leave from deployment (OFLA).

Length of Leave An employee eligible for FMLA leave under federal law is entitled to a total of 12 work weeks of leave during any 12-month period for the purposes specified above. A husband and wife who are eligible and who both work for the district may only take a combined total of 12 workweeks of leave if the leave is taken to care for a parent with a serious health condition or if the leave is for the birth of a child or the placement of a child for adoption or foster care. There will be occasions where a husband and wife employed by the same district will not have to share the 12-week allotment of leave. This situation arises where an employee is eligible for both FMLA and OFLA or just OFLA leave and the employee is taking leave to care for a newborn with a serious health condition. An employee eligible for Military Caregiver Leave is entitled to a total of 26 work weeks of leave to care for a covered servicemember during a single 12-month period. The 12-month period begins when the Military Caregiver Leave begins. An employee eligible for OFLA leave under state law is entitled to a total of 12 workweeks of leave during any 12-month period for the purposes specified above. The 14 days of leave provided by the OMFLA is part of the 12 weeks. Two family members who are eligible and who both work for the district may not take OFLA leave at the same time unless one employee needs to care for the other employee who is suffering from a serious health condition or one employee needs to care for a child suffering from a serious health condition while the other employee is also suffering from a serious health condition or both family members are suffering from a serious health condition or if the concurrent leave in such instances is permitted by the district.

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In addition to the 12 workweeks of leave authorized above, under state law a female employee may take an additional 12 workweeks of leave within any one-year period for an illness, injury or condition related to pregnancy or childbirth that disables the employee from performing her work duties. An employee who takes 12 workweeks of OFLA leave for parental leave may also take up to an additional 12 workweeks of sick child leave within the same leave year. If the employee uses less than 12 weeks of parental leave, however, no additional sick child leave is available, except for the balance of the initial 12 weeks. The employee may also use this balance for any OFLA leave purpose. A female employee may take up to 36 weeks of OFLA leave in one leave year, but only under the following circumstances: 30. The female employee takes 12 weeks of pregnancy disability leave; followed by 31. Twelve weeks of parental leave; followed by 32. Twelve weeks of sick child leave. A male employee may take up to 24 weeks of OFLA leave in one year, but only under the following circumstances: 33. The male employee takes 12 weeks of parental leave; followed by 34. Twelve weeks of sick child leave. Parental leave must be taken in one uninterrupted period – unless the employer approves otherwise – and must be completed within 12 months of the birth, adoption or placement of the child. An exception must be made to allow parental leave to effectuate adoption or foster placement of the child. Such leave need not be taken in one, uninterrupted period with any additional parental leave. The birth, adoption or foster placement of multiple children at one time entitles the employee to take only one 12-week period of parental leave. Sick child leave need not be provided if another family member, including a noncustodial biological parent, is willing and able to care for the child. For the purpose of intermittent leave, leave entitlement is calculated for an employee by multiplying the number of hours the employee normally works per week by 12. (For example, an employee normally employed to work 30 hours per week is entitled to 12 times 30 hours, or a total of 360 hours of leave.) If an employee’s schedule varies from week to week, a weekly average of the hours worked over the 12 weeks worked prior to the beginning of the leave period shall be used for calculating the employee’s normal workweek. (For example, an employee working an average of 25 hours per week is entitled to 12 times 25 hours, or a total of 300 hours of leave.) If an employee takes intermittent or reduced work schedule leave, only the actual number of hours of leave taken may be counted toward the 12 weeks of leave to which the employee is entitled. An employee, who has previously qualified for and taken some portion of OFLA leave, may request additional OFLA leave within the same leave year. The employee must requalify as an eligible employee for each additional leave requested unless one of the following exceptions apply: 35. A female employee who has taken 12 weeks of pregnancy-disability leave need not requalify for 12 weeks in

the same leave year for any other purpose;

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36. An employee who has taken 12 weeks of parental leave does not need to requalify to take an additional 12-

weeks in the same leave year for sick child leave; and 37. An employee granted leave for a serious health condition for the employee or a family member need not

requalify if additional leave is taken in this leave year for the same reason. For situations where time off is covered by OFLA, but not covered by FMLA leave (e.g., the employer has 25 to 49 employees; or the leave taken is for a sick child or for serious health condition of a same-sex domestic partner, parent-in-law, parent of the same-sex domestic partner, grandparent, or grandchild) the employer: 38. May allow an exempt employee with accrued paid leave to take OFLA leave in blocks of less than a full day.

For these purposes, an exempt employee is a salaried executive, administrative or professional employee under the federal Fair Labor Standards Act or the state minimum wage and overtime laws;

39. May not reduce the salary of an employee who does not have or has run out of accrued paid leave and takes

intermittent leave in blocks of less than a full day. To do so would result in the loss of exemption under state law.

The requirements of OFLA do not apply to any employer offering eligible employees a nondiscriminatory cafeteria plan, as defined by section 125 of the Internal Revenue Code of 1986, which provides as one of its options employee leave at least as generous as the leave required by OFLA. An employee, who has previously qualified for and taken some portion of FMLA leave, may request additional FMLA leave within the same leave year. The employee need not requalify as an eligible employee if the additional leave applied for is in the same leave year and for the same condition. Intermittent Leave and Alternate Duty An employer may transfer an employee on a foreseeable intermittent FMLA/OFLA leave or reduced work schedule into an alternate position with the same or different duties to accommodate the leave, provided the following exist: 40. The employee accepts the transfer position voluntarily and without coercion; 41. The transfer is temporary, lasts no longer than necessary to accommodate the leave and has equivalent pay

and benefits; 42. The transfer is compliant with applicable collective bargaining agreements, as well as with state and federal

law, providing all the employee protections found in FMLA regulations 29 C.F.R. Part 825; 43. Transfer to an alternate position is used only when there is no other reasonable option available that would

allow the employee to use intermittent leave or reduced work schedule; and 44. The transfer is not used to discourage the employee from taking intermittent or reduced work schedule leave,

or to create a hardship for the employee. An employee transferred, as provided in 1.-5. above, to an alternate position for the purpose of a reduced work schedule, must be returned to the employee’s former position.

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FMLA/OFLA leave time for an employee on intermittent leave or a reduced work schedule is the difference between the number of hours the employee normally works and the number of hours the employee actually works during the intermittent leave or reduced work schedule. Holidays or days in which the district is not in operation are not counted toward intermittent or reduced work schedule FMLA/OFLA leave unless the employee was scheduled and expected to work on the holiday. The district may transfer an employee recovering from a serious health condition to an alternate position that accommodates the serious health condition provided: 45. The employee accepts the position voluntarily and without coercion; 46. The transfer is temporary, lasts no longer than necessary and has equivalent pay and benefits; 47. The transfer is compliant with applicable collective bargaining agreements, as well as with state and federal

law, providing all the employee protections found in FMLA regulations 29 C.F.R. Part 825; and 48. The transfer is not used to discourage the employee from taking FMLA/OFLA leave for a serious health

condition, or to create a hardship for the employee. An employee is not on FMLA/OFLA leave if the employee has been transferred, as provided in section 1.-3. above, to an alternate position for the purpose of alternate work duties that the employee is able to perform within the limitations of the employee’s own serious health condition, but not requiring a reduced workweek. An employee working in an alternate position retains the right to return to the employee’s original position unless all FMLA/OFLA leave taken in that leave year plus the period of time worked in the alternate position exceed 12 weeks. An alternate position accommodating an employee’s serious health condition may result in the employee working fewer hours than the employee worked in the original position. The employee’s FMLA/OFLA leave is the difference between the number of hours the employee worked in the original position and the number of hours the employee actually works in the alternate position. Intermittent leave for school teachers is subject to special rules. The district recognizes that state law will not always reduce the employee’s FMLA 12 workweek entitlement (i.e., leave to care for a parent-in-law or sick child leave). Special Rules for Teachers Special rules apply if leave is requested to be taken near the end of a semester. 49. Under OFLA leave, if a teacher requests, in advance, leave for a serious health condition and the teacher will

be absent more than 20 percent of the total number of working days during the period over which the leave would be taken then the employer may require the teacher to elect one of the following options:

a. To take family leave for one uninterrupted period of time as necessary to complete medical treatment.

(School holidays and school vacation days are not counted as family leave.); b. To transfer temporarily into an available alternative position which better accommodates periodic

absences or recurring periods of leave.

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50. Under FMLA leave, if a teacher begins leave more than five weeks before the end of the academic term because of the teacher’s own serious health condition, the employer may require the teacher to remain on leave until the end of the term if:

a. The family leave is at least three weeks long; and b. The teacher’s return to work would occur within three weeks of the end of the term.

51. If a teacher begins FMLA or OFLA leave within five weeks of the end of the academic term because of

parental leave, the serious health condition of a family member, or to care for a covered servicemember, the employer may require the teacher to remain on family leave through the end of the term if:

a. The leave is more than two weeks long; and b. The teacher’s return would occur within the last two weeks of the term.

52. If a teacher begins FMLA or OFLA leave within three weeks of the end of the academic term because of

parental leave, to care for a family member with a serious health condition, or to care for a covered servicemember and the leave is greater than five working days, the employer may require the teacher to remain on family leave until the end of the term.

53. If a teacher takes FMLA/OFLA leave to the end of the school year and continues the leave at the beginning of

the next school term, the leave is consecutive rather than intermittent leave.

a. The period between the end of the school term and the beginning of the next school term, when a teacher would not have been required to report for duty, is not counted against the teacher’s FMLA or OFLA leave entitlements.

b. A teacher on FMLA/OFLA leave at the end of the school term must be provided with the same benefits during the period between school terms that the teacher would normally receive if no FMLA/OFLA leave were taken.

54. If a teacher is required by the employer to remain on leave to the end of the academic term, only the period of

leave the teacher requested shall be charged against the teacher’s FMLA/OFLA leave entitlement. 55. Nothing in FMLA/OFLA rules prohibits the employer from allowing the teacher to work as a substitute or in

some other paid capacity during the weeks prior to the end of term under 3. or 4. above. 56. Full-time employees covered by OFLA rules, and who have been maintained on the payroll by a district

during 180 consecutive calendar days, are thereafter deemed to have been employed by that district for an average of at least 25 hours per week during the 180 days immediately preceding the date any OFLA leave begins.

Calculating the 12-Month Period for Leave The district will use the same method for calculating the 12-month period in which the 12 workweek FMLA and OFLA leave entitlement occurs for all employees. The district will use the 12-month period measured forward from the date the employee’s leave begins. Leaves to care for covered servicemembers has its own 12-month year beginning on the first day of leave regardless of the district’s method of calculating the 12-month period for leave. Paid/Unpaid Leave

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Family leave under federal and state law is generally unpaid. The district requires the employee to use any accrued sick leave, vacation or personal leave days (or other paid time established by Board policy(ies) and/or collective bargaining agreement) in the order specified by the district and before taking FMLA and/or OFLA leave without pay for the leave period. The district will notify the employee that the requested leave has been designated as FMLA and/or OFLA leave and, if required by the district, that accrued paid leave shall be used during the leave period. Such notification will be given to the employee prior to the commencement of the leave or within two working days of the employee’s notice of an unanticipated or emergency leave. When the district does not have sufficient information to make a determination of whether the leave qualifies as FMLA or OFLA leave, the district will provide the required notice promptly when the information is available but no later than two working days after the district has received the information. Oral notices will be confirmed in writing no later than the following payday. If the payday is less than one week after the oral notice is given, written notice will be provided no later than the subsequent payday. Continuation of Health Insurance Benefits Under federal law, group health insurance benefits and premium payments must be continued on the same basis as coverage would have been provided and premiums paid if the employee had been continuously employed during the leave period. The district will continue to pay the district’s contribution toward the employee’s premiums. The employee will continue to pay the employee’s share of premiums, if any. A 30-day grace period will be allowed for receipt of employee contributions. The district’s obligation to maintain the employee’s benefits will cease if the employee’s contribution is more than 30 days late. The district will provide written notice that the premium payment is more than 30 calendar days late. Such notice will be provided within 15 calendar days before coverage is to cease. Under state law, benefits are not required to continue or accrue unless required by Board policy(ies) and/or provisions of collective bargaining agreements related to paid and unpaid leaves. An employer electing to continue health or other insurance coverage for an employee on OFLA leave may require that the employee pay only the same share of health or other insurance premium during the leave that the employee paid prior to the leave. If an employee cannot or will not pay such costs, the employer may elect to discontinue benefit coverage, unless to do so would render the employer unable to restore the employee to full benefit coverage as required by law. If an employer pays any portion of any employee’s benefit coverage for employees on non-OFLA leave, the employer must pay that portion during OFLA leave. If an employee gives unequivocal notice of intent not to return to work from OFLA leave, the employee is entitled to complete the approved OFLA leave, providing that the original need for OFLA leave still exists. The employer’s obligations under OFLA – to restore benefits (subject to COBRA requirements) and to restore the employee to his/her position at the end of the leave – cease and the employer is not required to hold a position vacant or available for the employee giving unequivocal notice of intent not to return. In the event the district is required to pay or elects to pay any part of the costs of providing health, disability, life or other insurance coverage for an employee during the period of FMLA or OFLA leave that should have been paid by the employee, the district may deduct, on the employee’s return to work, such amounts from the employee’s pay as have been advanced.

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In no event may the total deducted exceed 10 percent of the employee’s gross pay each pay period. Return to Work After leave granted under federal and state law, an employee is generally entitled to be returned to the same position the employee held when leave commenced or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment unless otherwise excepted by law. Fitness-for-Duty Certification If the leave was required for the employee’s own serious health condition, including intermittent leave, the district may require the employee to obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. The certification will specifically address the employee’s ability to perform the essential functions of the employee’s job as they relate to the health condition that was the reason for the leave. If the district is going to require a fitness-for-duty certification upon return to work, the district must notify the employee of such requirement when the leave is designated as FMLA leave. The district is responsible for any co-pay or other out-of-pocket costs incurred by the employee in providing certification. Failure to provide the fitness-for-duty certification may result in a delay or denial of reinstatement. Application Under federal and state law, an employee requesting FMLA and/or OFLA leave shall provide at least 30 days notice prior to the leave date if the leave is foreseeable. The notice shall be written and include the anticipated start, duration and reasons for the requested leave. The employee must make a reasonable effort to schedule treatment, including intermittent leave and reduced leave, so as not to unduly disrupt the operation of the district. When an employee is able to give advance notice and requests leave, an employer may request additional information to determine that the leave qualifies for designation as FMLA/OFLA leave. The employer may designate the employee as provisionally on FMLA/OFLA leave until sufficient information is received to make a determination. An employee able to give advance notice of the need to take FMLA/OFLA leave must follow the employer’s known, reasonable and customary procedures for requesting any kind of leave. If advance notice is not possible, for example due to a change in circumstances or medical emergency, an employee eligible for FMLA leave must provide notice as soon as practicable. “As soon as practicable,” under federal law means the employee generally must comply with the employer’s normal call-in procedures. An employee eligible for OFLA leave is required, under state law, to provide oral or written notice within 24 hours of commencement of the leave in unanticipated or emergency leave situations. The employee may designate a family member or friend to notify the district during that period of time. In either case, proper documentation must be submitted no later than three working days following the employee’s return to work. Failure of an employee to provide the required notice for FMLA leave may result in the district delaying the employee’s leave for up to 30 days after the notice is ultimately given. Failure of an employee to provide the required notice for leave covered by OFLA may result in the district deducting up to three weeks from the employee’s unused OFLA leave in that one-year leave period. The employee may be subject to disciplinary action for not following the district’s notice procedures.

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Medical Certification When an employee provides 30 or more days notice when applying for FMLA and/or OFLA leave, other than for parental leave, the employer may require the employee to provide medical documentation when appropriate to support the request for leave. The district will provide written notification to employees of this requirement within five working days of employee’s request for leave. If the employee provides less than 30 days notice, the employee is required to submit such medical certification no later than 15 calendar days after receipt of the district’s notification that medical certification is required. The district may request re-certification of a condition when the minimum duration of a certification expires if the employee still needs leave. If the certification does not indicate a duration or indicates that it is ongoing, the district may request re-certification at least every six months in connection with an absence. Under federal law, a second medical opinion may be required whenever the district has reason to doubt the validity of the initial medical opinion. The health-care provider may be selected by the district. The provider shall not be employed by the district on a regular basis. Should the first and second medical certifications differ, a third opinion may be required. The district and the employee will mutually agree on the selection of the health-care provider for a third medical certification. The third opinion will be final. Second and third opinions and the actual travel expenses for an employee to obtain such opinions will be paid for by the district. Under state law, if an employee requests OFLA leave because of a serious health condition, the district may require a second opinion and designate the health-care provider. The provider may not be employed by the district. Should the two opinions conflict, the district may require a third opinion and that the two providers designate the third health-care provider. The third opinion will be final. Second and third opinions and the actual travel expenses for the employee to obtain such opinions will be paid for by the district. An employer may not delay the taking of an OFLA leave in the event that medical certification is not received prior to the commencement of a leave taken subject to the timelines set forth in this regulation. The employer may designate the leave as provisionally approved subject to medical certification. The employer shall provide the employee with written notice of any requirement to provide medical certification of the need for leave and the consequences for failure to do so. The employee must be allowed a minimum of 15 days to provide medical certification. If the employee elects or the district requires substitution of accrued sick leave, vacation or other paid leave for unpaid leave pursuant to a collective bargaining agreement or other Board policy, the district will follow the medical documentation requirements of the applicable leave policy or contract provision whenever such requirements are more beneficial to the employee. If an employee has taken sick child leave on all or any part of three separate days during a leave year, the employer may require medical certification on the fourth day or subsequent occurrence of sick child leave within that leave year. The employer must pay the cost of the medical certification not covered by insurance or other benefit plan. The opinion of the health-care provider shall be binding. The employer may not require the employee to obtain a second opinion. The employer is not required to request medical certification for sick child leave exceeding three days and may make such requests at the employer’s discretion. Notification

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Any notice required by federal and state laws explaining employee rights and responsibilities will be posted in all staff rooms and the district office. Additional information may be obtained by contacting the Human Resource Department. Record Keeping/Posted Notice The district will maintain all records as required by federal and state laws including dates leave is taken by employees, identified separately from other leave; hours/days of leave; copies of general and specific notices to employees, including Board policy(ies) and regulations; premium payments of employee health benefits while on leave and records of any disputes with employees regarding granting of leave. Medical documentation will be maintained separately from personnel files as confidential medical records. The district will post notice of Federal Family and Medical Leave Act and Oregon Family Leave Act requirements. Federal vs. State Law Both federal and state law contain provisions regarding leave for family illness. Federal regulations state an employer must comply with both laws; that the federal law does not supersede any provision of state law that provides greater family leave rights than those established pursuant to federal law and that state and federal leave entitlements run concurrently. State law requires that federal and state leave run concurrently when possible. For example, due to differences in regulations, an employee who takes leave after 180 days of employment but before one year, is still eligible to take a full 12 workweeks of federal leave after meeting the one-year work requirement. After the first work year, leave will run concurrently.

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EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or child

birth; • To care for the employee's child after birth, or placement for

adoption or foster care; • To care for the employee's spouse, son or daughter, or parent, who

has a serious health condition; or • For a serious health condition that makes the employee unable to

perform the employee's job. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Benefits and Protections During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: • Interfere with, restrain, or deny the exercise of any right provided under FMLA; • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA. Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

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Item: Admin. Regulation, GCDBA/GDBDA-AR (2)- Request for Family and Action Medical Leave, Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Definition of Child/ Son or Daughter: In January 2013 the Department of Labor issued a Guidance Fact Sheet clarifying that the disability of a son or daughter does not have to have occurred or be diagnosed prior to the age of 18 for that parent to be eligible for FMLA/OFLA leave. The onset of the disability may occur at any age for purposes of the definition of a “son or daughter” or “child” under FMLA. The Policy Committee has chosen to adjust OSBA’s suggested language to better clarify the meaning of the Dept. of Labor statement. Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation GCBDA/GDBDA-AR (2)- Request for Family and Medical Leave, Revised, for First Reading.

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Request for Family and Medical Leave - GCBDA/GDBDA-AR(2) 1-2

Newberg School District 29J Code: GCBDA/GDBDA-AR(2) Adopted: 12/11/06 Readopted: 3/15/10 Request for Family and Medical Leave Employee Request for Family and Medical Leave (FMLA) and/or Oregon Family Leave (OFLA) PLEASE PRINT Where the need for the leave may be anticipated, written request for family and medical leave must be made, if practical, at least 30 days prior to the date the requested leave is to begin. Failure to request leave in a timely manner could result in either the leave being postponed or the amount of leave available reduced up to three weeks. Name Effective Date of the Leave Department Title Status: ☐ Full-time ☐ Part-time ☐ Temporary Hire Date Length of Service Have you taken a family leave in the past 12 months? Yes No If yes, how many work days? Reason for leave I request family or medical leave for one or more of the following reasons:1 ___ 1. Because of the birth of my child and in order to care for him or her.

Expected date of birth Actual date of birth Leave to start Expected return date

___ 2. Because of the placement of a child with me for adoption or foster care Age of child Date of placement Leave to start Expected return date

___ 3. In order to care for a family member2 with a serious health condition.

Leave to start Expected return date Please check one: Spouse Same-sex domestic partner (OFLA leave only) Child3 ____ Child of same-sex domestic partner (OFLA leave only) Parent Parent-in-law, parent of employee’s same-sex domestic partner, custodial parent, noncustodial parent, adoptive parent, foster parent Grandparent or Grandchild (OFLA leave only.) Please state name and address of relation:

Name Address Does the condition render the family member unable to perform daily activities?

1A physician’s certification may be required to support a request for family and medical leave. In addition, a fitness for duty certification may be required before reinstatement following the leave. 2“Family member” means the spouse, same-sex domestic partner, custodial parent, noncustodial parent, adoptive parent, foster parent, biological parent, grandparent, parent-in-law, parent of employee’s same-sex domestic partner or a person with whom the employee is or was in a relationship of “in loco parentis.” It also includes the biological, adopted, grandchild or foster child or stepchild of an employee, child of same-sex domestic partner or a child with whom the employee is or was in a relationship of “in loco parentis.” 3 The child must be under 18 years of age or may be 18 years of age or older if incapable of self-care due to mental or physical impairment, regardless of the age of onset for the impairment, as defined by ORS 659A.100(2)(d). See GCBDA-AR (1)

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Request for Family and Medical Leave - GCBDA/GDBDA-AR(2) 2-2

___ 4. For a serious health condition which prevents me from performing my job functions.

Describe

Leave to start Expected return date

Regarding 3 or 4 above, request intermittent (reduced workday hours) or reduced leave (fewer workdays each workweek) schedule or alternate duty (if applicable, subject to employer’s approval). Please describe schedule of when you anticipate you will be unavailable to work:

___ 5. In order to care for a child with a condition requiring home care which does not meet the definition of serious

health condition and is not life threatening or terminal (OFLA leave only).

___ 6. A qualifying exigency arising from an employee’s spouse, son, daughter, or parent who is a covered servicemember as defined in GCBDA/GDBDA-AR(1), or leave for the spouse or domestic partner of a military personnel per each deployment of the spouse or domestic partner when the spouse or domestic partner has either been notified of an impending call to active duty, has been ordered to active duty, or has been deployed or on leave from deployment. (District: Use GCBDA/GDBDA-AR(3)(C) Certification Form)

___ 7. To care for a spouse, son, daughter, parent, or next of kin4 who is a covered servicemember with a serious illness

or injury incurred in the line of duty or active duty in the armed forces. Has leave been taken for the same servicemember and the same injury? Yes No

If yes, when was the leave taken and for how many work days? I understand that the district requires me to use any accrued sick leave, vacation, personal leave days or other paid time established by Board policy(ies) and/or collective bargaining agreement in the order specified by the district, and before taking leave without pay, for the family and medical leave period. If my request for a leave is approved, it is my understanding that without an authorized extension when the need for an extension could be anticipated, I must report to duty on the first workday following the date my leave is scheduled to end. I understand that failure to do so will constitute unequivocal notice of my intent not to return to work and the district may terminate my employment. (A fitness-for-duty statement may be required.) I authorize the district to deduct from my paychecks any employee contributions for health insurance premiums, life insurance or long-term disability insurance which remain unpaid after my leave, consistent with state and/or federal law. I have been provided a copy of the district’s family and medical leave policy and a copy of my rights and responsibilities under the Family Medical Leave Act leave request form.

Signature of Employee: Date:

4“Next of kin” means the nearest blood relative of the eligible employee.

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Item: Admin. Regulation, GCDBA/GDBDA-AR (3)- Military Family Leave, Action Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: In February 2013 the Department of Labor issued rules pertaining to Military Leave as it relates to FMLA. Those corrections have been made. Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation GCBDA/GDBDA-AR (3)- Military Family Leave, Revised, for First Reading.

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Military Family Leave - GCBDA/GDBDA-AR(3)(D) 1-3

Newberg School District 29J Code: GCBDA/GDBDA-AR(3)(D) Adopted: 3/15/10 Revised: ________

Military Family Leave Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave Notice and instructions to the district: The Family Medical Leave Act (FMLA) provides that a district may require an employee seeking FMLA leave due to a serious injury or illness of a covered servicemember to submit a certification providing sufficient facts to support the request for leave. Employees may not be asked to provide more information than allowed under the FMLA regulations. The district will maintain records and documents relating to medical certification, recertifications or medical histories of employees or employees’ family member, created for FMLA purposes, as confidential medical records in separate files from personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies. Section 1 Part A: Employee information Complete the employee and covered servicemember information below before giving this form to your family member or his/her medical provider. District name and address Name of employee requesting leave to care for covered servicemember: First Middle Last Name of covered servicemember for whom employee is requesting leave to care: First Middle Last Relationship of employee to covered servicemember requesting leave to care: □ Spouse □ Parent □ Son □ Daughter □ Next of kin Part B: Covered servicemember information 1. Is the covered servicemember a current member of the regular armed forces, the National Guard or Reserves, or a

veteran? □ Yes □ No

If a current servicemember, please provide the covered servicemember’s military branch, rank and unit currently assigned to:

If a veteran, when was the date of discharge?

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Is the covered servicemember assigned to a military medical treatment facility as an outpatient or to a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients (such as medical hold or warrior transition unit)? □ Yes □ No

If yes, provide the name of the medical facility or unit:

2. Is the covered servicemember on the Temporary Disability Retired List (TDRL)? □ Yes □ No Part C: Care to be provided to the covered servicemember Describe the care to be provided to the covered servicemember and an estimate of the leave needed to provide the care: Section 2: To be completed by United States Department of Defense (DOD) health care provider or a health care provider as defined by FMLA regulations who is either: 1) A United States Department of Veterans Affairs (VA) health care provider; 2) A DOD TRICARE network authorized private health care provider; or 3) A DOD non-network TRICARE authorized private health care provider. If you are unable to make certain of the military-related determinations contained below in Part B, you are permitted to rely upon determinations from an authorized DOD representative (such as a DOD recovery care coordinator). Please ensure that Section 1 above has been completed before completing this section. Please be sure to sign the form on the last page. Part A: Health care provider information Health care provider’s name and business address: Type of practice/Medical speciality: Please state whether you are either: 1) DD health care provider; 2) A VA health care provider; 3) A DOD TRICARE network authorized private health care provider; 4) A DOD non-network TRICARE authorized private care provider: Telephone ( ) Fax ( ) Email Part B: Medical status 1. Covered servicemember’s medical condition is classified as (check one of the appropriate boxes):

□ (VSI) Very Seriously Ill/Injured – Illness/Injury is of such a severity that life is imminently endangered. Family members are requested at the bedside immediately. (Please note this is an internal DOD casualty assistance designation used by DOD health care providers.)

□ (SI) Seriously Ill/Injured – Illness/Injury is of such severity that there is cause for immediate concern, but there is

no imminent danger to life. Family members are requested at bedside. (Please note this is an internal DOD casualty assistance designation used by DOD healthcare providers.)

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□ Other Ill/Injured – A serious injury or illness that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank or rating.

□ None of the above. (Note to employee: If this box is checked, you may still be eligible to take leave to care for a

covered family member with a “serious health condition.” If such leave is requested, you may be required to complete the form Certification of Health Care Provider for Family Member’s Serious Health Condition.)

2. Was the condition for which the covered servicemember is being treated incurred in the line of duty on active duty in the

armed force? □ Yes □ No If no, did the condition exist before the beginning of active duty and aggravated by service in the line of duty while on active duty? □ Yes □ No 3. Appropriate date condition commenced: 4. Probable duration of condition and/or need for care: 5. Is the covered servicemember undergoing medical treatment, recuperation or therapy? □ Yes □ No

If yes, please describe medical treatment, recuperation or therapy: Part C: Covered servicemember’s need for care by family member 1. Will the covered servicemember need care for a single continuous period of time, including any time for treatment and

recovery? □ Yes □ No If yes, estimate the beginning and ending dates for this period of time:

2. Will the covered servicemember require periodic follow-up treatment appointments? □ Yes □ No

If yes, estimate the treatment schedule: 3. Is there a medical necessity for the servicemember to have periodic care for these follow-up treatment appointment? □ Yes □ No 4. Is there a medical necessity for the covered servicemember to have periodic care for other than scheduled follow-up

treatment appointments (e.g. episodic flare-ups of medical conditions)? □ Yes □ No If yes, estimate the frequency and duration of the periodic care.

Signature of health care provider Date

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Item: Admin. Regulation, GCDBA/GDBDA-AR (4)- FMLA/OFLA Notice to Employee, Action Revised, First Reading Originator: Mikaela Schamp, Board Secretary Presenter: Policy Committee Background: Definition of Child/ Son or Daughter: In January 2013 the Department of Labor issued a Guidance Fact Sheet clarifying that the disability of a son or daughter does not have to have occurred or be diagnosed prior to the age of 18 for that parent to be eligible for FMLA/OFLA leave. The onset of the disability may occur at any age for purposes of the definition of a “son or daughter” or “child” under FMLA. The Policy Committee has chosen to adjust OSBA’s suggested language to better clarify the meaning of the Dept. of Labor statement. Recommendation: Move that the Newberg School District Board of Directors approve Administrative Regulation GCBDA/GDBDA-AR (4)- FMLA/OFLA Notice to Employee, Revised, for First Reading.

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FMLA/OFLA Notice to Employee - GCBDA/GDBDA-AR(4) 1-3

Newberg School District 29J Code: GCBDA/GDBDA-AR(4) Adopted: 12/11/06 Revised: ________ Orig. Code(s): AR-3340 FMLA/OFLA Notice to Employee Date TO:

(Employee’s name) FROM:

(Name of appropriate employer representative) SUBJECT: Request for FMLA and/or OFLA Leave On (date) you notified us of your need to take family/medical leave due to: 1. The birth of your child, or the placement of a child with you for adoption or foster care; 2. A serious health condition that makes you unable to perform the essential functions of

your job; 3. A serious health condition of your □ spouse, □ same-sex domestic partner (OFLA leave

only), □ child1 (including the biological, adopted or foster child or stepchild of an employee, child of same-sex domestic partner or a child with whom the employee is or was in a relationship of “in loco parentis”), □ parent (biological parent of an employee or an individual who stood “in loco parentis” to an employee when the employee was a child), □ parent-in-law, parent of employee’s same-sex domestic partner, custodial parent, noncustodial parent, adoptive parent, foster parent (OFLA leave only) for which you are needed to provide care;

4. An illness or injury to your child which requires home care but is not a serious health

condition (OFLA leave only). You notified us that you need this leave beginning on (date) and that you expect leave to continue until on or about (date) . Except as explained below, you have a right under the FMLA and/or OFLA for up to 12 workweeks of unpaid leave in a 12-month period for the reasons listed above. FMLA leave and OFLA leave generally run concurrently.

1 The child must be under 18 years of age or may be 18 years of age or older if incapable of self-care due to mental or physical impairment, regardless of the age of onset for the impairment, as defined by ORS 659A.100(2)(d). See GCBDA-AR (1).

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Also, your health benefits under FMLA must be maintained during any period of unpaid leave under the same conditions as if you continued to work. You must be reinstated to the same or in some cases, under state or federal law, to an equivalent job with the same pay, benefits and terms and conditions of employment on your return from leave. The district is not required to maintain benefits during OFLA unless provided otherwise by Board policy or collective bargaining agreement; however, all such benefits shall be restored in full upon your return to the district. If you do not return to work following FMLA and/or OFLA leave for a reason other than: (1) the continuation, recurrence or onset of a serious health condition which would entitle you to FMLA and/or OFLA leave; or (2) other circumstances beyond your control, you may be required to reimburse the district for health insurance premiums paid on your behalf during your FMLA/OFLA leave. This is to inform you that (check appropriate boxes, explain where indicated): 1. You are □ eligible □ not eligible for leave under the □ FMLA, □ OFLA or □ both. 2. The requested leave □ shall □ shall not be counted against your annual □ FMLA leave entitlement, □

OFLA, □ both. 3. You □ shall □ shall not be required to furnish medical certification of a serious health condition. If

required, you must furnish certification by (date) (must be at least 15 days after you are notified of this requirement).

4. You may elect to substitute accrued paid leave for unpaid FMLA leave. We □ shall □ shall not

require that you substitute accrued paid leave for unpaid FMLA and/or OFLA leave. If paid leave shall be used the following conditions shall apply: (Explain)

5a. If you normally pay a portion of the premiums for your health insurance, these payments shall

continue during the period of FMLA leave. Arrangements for payment have been discussed with you and it is agreed that you shall make premium payments as follows: (Set forth dates, e.g., the 10th of each month, or pay periods, etc. that specifically cover the agreement with the employee.)

5b. The district is not required to maintain benefits while an employee is on OFLA leave unless

otherwise provided for by Board policy and/or collective bargaining agreements; however, all benefits must be restored in full upon the employee’s return to work.

5c. If the district pays any part of your share of health or other insurance benefits while on OFLA or

FMLA leave the district may deduct up to 10 percent of your gross pay each pay period after your return to work until the amount is repaid (OFLA leave only).

5d. You have a minimum 30-day (or, indicate longer period, if applicable) grace period in which to

make premium payments. If payment is not timely made, your group health insurance may be cancelled, provided we notify you in writing at least 15 days before the date that your health coverage shall lapse, or, at our option, we may pay your share of the premiums during FMLA leave or OFLA leave as provided by Board policy and/or collective bargaining agreement, and recover these payments from you upon your return to work. We □ shall □ shall not pay your share of health insurance premiums while you are on FMLA and/or OFLA leave.

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5e. We □ shall □ shall not do the same with other benefits (e.g., life insurance, disability insurance, etc.)

while you are on FMLA and/or OFLA leave. If we do pay your premiums for other benefits, when you return from leave you □ shall □ shall not be expected to reimburse us for the payments made on your behalf.

5f. In the event you do not return to work for the district after your FMLA and/or OFLA leave and the

district has paid your share of benefit premiums, you are responsible for reimbursing the district the amount paid on your behalf.

6. You □ shall □ shall not be required to present a fitness-for-duty certificate prior to being restored to

employment following leave for your own serious health condition. If such certification is required but not received, your return to work may be delayed until the certification is provided.

7a. You □ are □ are not a “key employee” as described in Section 825.218 of the FMLA regulations. If

you are a “key employee,” restoration to employment may be denied following FMLA leave on the grounds that such restoration shall cause substantial and grievous economic injury to us. (FMLA leave only.)

7b. We □ have □ have not determined that restoring you to employment at the conclusion of FMLA

leave shall cause substantial and grievous economic harm to us. (FMLA leave only.) (Explain (a) and/or (b) below.)

8. While on FMLA and/or OFLA leave, you □ shall □ shall not be required to furnish us with periodic

reports every (indicate interval of periodic reports, as appropriate for the particular leave situation) of your status and intent to return to work. If the circumstances of your leave change and you are able to return to work earlier than the date indicated on this form, you □ shall □ shall not be required to notify us at least two workdays prior to the date you intend to report for work.

9. You □ shall □ shall not be required to furnish recertification relating to a serious health condition.

(FMLA leave only.) (Explain below, if necessary, including the interval between certifications as prescribed in Section 825.308 of the FMLA regulations.)

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Item: Future Agendas Information Originator: Mikaela Schamp, Board Secretary November 19, 2013 HB 2220- Standards Based Grading (DP) Policy Second Reading (M) Scotland Kids- Drea Ferguson OSBA Election- Legisl. Policy Committee OSBA- Resolution re: Elections NSBA Convention NHS- Blue School Work session: Financials Format December 10, 2013 No Second Meeting Comparison Report (C) Financial Report (G) Dual Language Classroom Updates (K) Kym- Goals/Status Update (K) Crater Elementary Student Recog Edwards Staff Recognition and Commendation January 14, 2014 January 28, 2014 Transfers and Open Enrollment Report (M) Policy Second Reading (M) Policy First Reading (M) AP Physics MS Schedule Project Lead the Way Course Approval (TBD) Travel Request for Wash DC Trip 2014 NHS- Green School Student Recog Strategic Plan Presentation-Action SIP Presentations- Yellow and Blue Schools MV Middle School Student Recog SIP Presentations- Ewing Young & Edwards February 11, 2014 February 25, 2014 Graduation Rate Report (DS) Transportation Report (?) School Improvement Plan Pres. Ewing Young Elementary Student Recog Joan Austin Elementary Recog. Technology Task Force Recommend. SIP Presentations- Joan Austin & CVMS

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NEWBERG SCHOOL DISTRICT 29J BOARD OF DIRECTORS … · Olivia Pugsley and Brianna Soumokil VIII. NEW...

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