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SHALER AREA SCHOOL DISTRICT STUDENT CODE OF CONDUCT 2020 2021 Levels of student behavior and Corresponding Disciplinary Consequences: LEVEL I LEVEL I is minor misbehavior on the part of the student which impedes orderly classroom procedure or interferes with the orderly operation of the school. These misbehaviors can usually be handled by an individual staff member but sometimes require the intervention of other school personnel. 1. Examples of LEVEL I student behavior: a. Unacceptable social behavior b. Disrespect c. Classroom disturbances d. Classroom tardiness e. Cheating and lying f. Abusive or offensive language g. Failure to complete assignments or carry out directions 2. Staff Procedures: There is immediate intervention by the staff member who is supervising the student or who observes the misbehavior. Repeated misbehavior may require a conference with the counselor or administrator. An accurate record of the disciplinary action is maintained by the staff member. 3. Disciplinary options/responses: a. Verbal b. Special assignment c. Behavioral contract d. Counseling e. Withdrawal of privileges f. Detention
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Page 1: SHALER AREA SCHOOL DISTRICT · a. The student is referred to the administrator for appropriate disciplinary action b. The administrator meets with the student and/or teacher and effects

SHALER AREA SCHOOL DISTRICT STUDENT CODE OF CONDUCT

2020 – 2021

Levels of student behavior and Corresponding Disciplinary Consequences: LEVEL I LEVEL I is minor misbehavior on the part of the student which impedes orderly classroom procedure or interferes with the orderly operation of the school. These misbehaviors can usually be handled by an individual staff member but sometimes require the intervention of other school personnel.

1. Examples of LEVEL I student behavior:

a. Unacceptable social behavior b. Disrespect c. Classroom disturbances d. Classroom tardiness e. Cheating and lying f. Abusive or offensive language g. Failure to complete assignments or carry out directions

2. Staff Procedures:

There is immediate intervention by the staff member who is supervising the student or who observes the misbehavior. Repeated misbehavior may require a conference with the counselor or administrator. An accurate record of the disciplinary action is maintained by the staff member.

3. Disciplinary options/responses:

a. Verbal b. Special assignment c. Behavioral contract d. Counseling e. Withdrawal of privileges f. Detention

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LEVEL II LEVEL II is misbehavior whose frequency or seriousness tends to disrupt the learning climate of the school. These infractions, which usually result from the continuation of Level I misbehaviors, require the intervention of personnel on the administrative level because the execution of Level I disciplinary options has failed to correct the situation. Also included in this level are misbehaviors which do not represent a direct threat to the health and safety of others, but whose educational consequences are serious enough to require corrective action on the part of the administrative personnel.

1. Examples of LEVEL II student misbehavior:

a. Unmodified Level I misconduct b. School tardiness c. Truancy d. Smoking e. Using forged notes or excuses f. Disruptive classroom behavior g. Cutting class h. Leaving school grounds

2. Staff procedures: a. The student is referred to the administrator for appropriate disciplinary action b. The administrator meets with the student and/or teacher and effects the most

appropriate response c. A record of the administrator’s action is available for teacher review d. An accurate record of the disciplinary action is maintained by the

administrator e. Parents will be notified f. A parental conference may be held

3. Disciplinary options/responses:

a. Continuation of Level I responses b. Student behavior change c. Behavior modification d. Loss of social privileges e. Peer counseling f. Referral to an outside agency g. Temporary suspension h. In-school suspension i. Time-out procedures

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LEVEL III

Level III are acts directed against persons or property but whose consequences do not seriously endanger the health or safety of others in the school.

These acts might be considered criminal but most frequently can be handled by disciplinary mechanism in the school.

1. Examples of Level III student misbehavior:

a. Throwing objects b. Unmodified Level II misconduct c. Insubordination d. Fighting (simple) e. Vandalism (minor) f. Theft g. Threats to others which do not explicitly state or imply serious bodily

injury or harm h. Violation of Policy #220 Student Expression (re: unauthorized

publications such as underground newspapers) i. An initial complaint of sexual harassment of a covert nature. This may

include jokes with sexual overtones, suggestive behavior, obscene gestures, insulting sounds, picture(s) which are graphic, sexually explicit, degrading or humiliating, and/or comments emphasizing sexuality or the sexual identity of an individual.

j. Other forms of harassment which include ethnic, racial, or religious intimidation

2. Staff procedures:

a. The administrator investigates the infraction and confers with the staff

to determine the severity of infraction. b. The administrator meets with the student and confers with the parent

about the student’s misconduct. A letter concerning the disciplinary action is issued to the parent.

c. An accurate record of offenses and disciplinary action is maintained by the administrator.

d. There is restitution of property and damages.

3. Disciplinary options/responses: a. Continuation of Level I and Level II responses b. Temporary removal from class c. Temporary (1-3 days) suspension d. Full (4-10 days) suspension e. Involvement of the police

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LEVEL IV

LEVEL IV are acts which result in violence to another’s person or property or which pose a direct threat to the health or safety of persons in the school jurisdiction. These acts are clearly criminal and are so serious that they always require administrative actions which result in the immediate removal of the student from school. Possession and/or use of tobacco products can impair the health of students and, as such, will be considered to be a threat to their individual safety and the health of others as it relates to second-hand smoke. Refer to Policy #222 – Tobacco Use – for progressive discipline as it relates to tobacco possession or use. It shall be a violation of School District Policy for any student or employee to possess, handle, transmit, keep, use, or threaten to use a weapon at any time while on School District property or while going to or returning from school or a school activity, event, or function by any form of transportation including a school bus, vehicle, or on foot.

1. Examples of LEVEL IV student misbehavior:

a. Unmodified LEVEL III misconduct b. Bomb threat/arson/false fire alarm/dangerous weapon(s) c. Assault/battery/both with or without a weapon d. Vandalism (major) e. Theft/possession/sale of stolen property f. Possession, use distribution, attempted distribution or being under the

influence of alcohol or any controlled substance (drug) while under the school jurisdiction

g. Threat of the use of a weapon to inflict serious bodily injury or harm including, but not limited to, the use of a weapon or toxic agents

h. Sexual harassment of an overt nature or recurring incidents of LEVEL III sexual harassment. Overt sexual harassment may include requests for sexual favors, physical touching, fondling, pinching, kissing, exposing oneself, or sexual assault.

2. Staff procedures:

a. The administrator verifies the offense, confers with the staff involved, and

meets with the student. The student is read his/her constitutional rights. b. The student is immediately removed from the school environment. Parents

are notified. c. A complete and accurate report is submitted to the Superintendent. d. The student is given a hearing before the Board.

3. Disciplinary options/responses:

a. Level III disciplinary options b. Hearing (Superintendent) c. Expulsion (Board) d. Other Board action which results in appropriate discipline e. Involvement of legal/police authority

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Service Agreement SHALER AREA SCHOOL DISTRICT 2020-2021 Page 1 LEGAL\34310211\1

THE WATSON INSTITUTE

Service Agreement This Service Agreement (“Agreement”) is made and entered into this 1st day of July by and between THE WATSON INSTITUTE (TWI), 301 Camp Meeting Road, Sewickley, Pennsylvania 15143 and SHALER AREA SCHOOL DISTRICT, 1800 Mt. Royal Boulevard, Glenshaw, PA 15116-2198 who agree as follows intending to be legally bound:

ARTICLE I PURPOSE OF THE AGREEMENT

1.1 Purpose of Agreement. The Agreement sets forth the terms and conditions upon which TWI

will perform the Services outlined below.

ARTICLE II SERVICES AND FINANCIAL ARRANGEMENTS

2.1 Classroom planning, observation and direct consultation services will be provided as

requested and scheduled. 2.2 Upon performance of such services, TWI will submit a monthly invoice, including the

description of services provided and number of hours. 2.3 Half-day consultations (up to 4 consecutive hours) and full day consultations (up to 8

consecutive hours) will include time for all activities including but not limited to: planning, report writing and required meetings.

2.4 Financial Arrangements. 2.4.1 The fee for such services will be:

2.4.1.1 $875 per full day (between 4 and 8 consecutive hours) 2.4.1.2 $540 per half day (up to 4 consecutive hours)

2.4.2 The fee for community-based instruction will be: 2.4.2.1 $620 per full day 2.4.2.2 $330 per half day 2.4.2.3 Mileage will be reimbursed at the rate dictated by IRS regulations.

2.4.3 TWI shall invoice SHALER AREA SCHOOL DISTRICT on a monthly basis including a brief description of the Services provided, the days on which they were provided and the number of hours for each consultation.

2.4.4 Payment terms are 30 days from receipt of invoice.

ARTICLE III TERM OF AGREEMENT

3.1 Term. 3.1.1 The term of the Agreement shall commence on July 1, 2020 and continue

through June 30, 2021. 3.1.2 If either party breaches a material provision hereof (“Cause”), the non-breaching

party shall give the other party notice of such Cause. If the Cause is remedied within ten (10) days in the case of failure to make payment when due or thirty (30) days in the case of any other Cause, the notice shall be null and void. If such Cause is not remedied within the specific period, the party giving notice shall have the right to terminate this Agreement upon expiration of such remedy period. The rights of termination referred to in this Agreement are not intended to be exclusive and are in addition to any other rights or remedies available to either party at law or in equity.

3.1.3 Either party may terminate this Agreement for any reason upon 60 (sixty) days written notice.

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3.2 Effect of Termination. 3.2.1 Within 30 (thirty) days of the termination of this Agreement for any reason, or

its expiration, SHALER AREA SCHOOL DISTRICT shall pay all outstanding amounts for which it has been invoiced.

3.2.2 Failure of SHALER AREA SCHOOL DISTRICT to make any payments when due under this section shall relieve TWI of providing the Services until the payments are received.

3.2.3 If TWI has to initiate legal proceedings to recover amounts past due, it shall be entitled to recovery its costs and attorney’s fees if it prevails in such actions.

ARTICLE IV EMPLOYEES

4.1 Personnel Obligations: Each party shall be solely responsible for all employment and

personnel actions affecting their respective employees. Notwithstanding the foregoing, each party agrees to reasonably cooperate with the other to investigate any claim of unlawful or inappropriate conduct against their respective employees by an employee, agent, contractor, licensee, or student of the other. Each party shall be responsible to withhold all applicable federal, state and local employment taxes and payroll insurance with respect to its employees, insurance premiums, contributions to benefit and deferred compensation plans, licensing fees and worker’s compensation costs and shall file all required documents and forms.

4.2 Agreement Not to Hire:

4.2.1 SHALER AREA SCHOOL DISTRICT agrees to not, without TWI’s prior written consent (which TWI can withhold in its discretion), solicit for employment, hire, make any agreement with, or permit the employment, or otherwise interfere with the relationship with TWI of any person who is or has been a TWI employee involved with the Services within the earlier of one (1) year after such employee terminates employment with TWI or within one (1) year after termination or expiration of the Agreement. If SHALER AREA SCHOOL DISTRICT breaches the foregoing provision, then SHALER AREA SCHOOL DISTRICT shall be obligated to pay an amount equal to one year of the TWI employee’s wages in compensation for the hiring, training and expertise of the employee. If TWI consents to SHALER TOWNSHIP SCHOOL DISTRICT request to hire a current or former TWI employee during one of the foregoing time periods, SHALER AREA SCHOOL DISTRICT agrees to pay TWI 20% of the employee's annual base salary to help cover TWI's costs in recruiting and training a new employee and to compensate TWI for its loss of expertise. This provision shall survive termination of the Agreement.

4.2.2 TWI acknowledges that SHALER AREA SCHOOL DISTRICT employees are essential to SHALER AREA SCHOOL DISTRICT core business of providing services and are familiar with SHALER AREA SCHOOL DISTRICT operating procedures and other proprietary information proprietary to SHALER AREA SCHOOL DISTRICT. Therefore, TWI agrees to not, without SHALER AREA SCHOOL DISTRICT prior written consent, solicit for employment, hire, make any agreement with, or permit the employment (including employment by any successor contractor) in any facility owned or controlled by TWI, of any person who is or has been a SHALER AREA SCHOOL DISTRICT employee within the earlier of (1) year after such employee terminates employment with SHALER AREA SCHOOL DISTRICT or within one (1) year after termination of this Agreement or expiration of this Agreement. TWI also acknowledges that

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its breach of the obligations set forth in this section would irreparably harm SHALER AREA SCHOOL DISTRICT and that SHALER AREA SCHOOL DISTRICT would be entitled to injunctive relief to enforce the terms of this section. This provision shall survive termination of the Agreement.

ARTICLE V ADJUSTMENTS

Change in Services. If SHALER AREA SCHOOL DISTRICT requests a change and/or additional Services; if there is a change in the scope of the work being performed; or there is a request by SHALER AREA SCHOOL DISTRICT for additional management/resource personnel to conduct specific functions not directly related to the Services, and such changes in Services results in any increase or decrease in time spent or costs to TWI, the parties will first mutually agree on the compensation to be paid by SHALER AREA SCHOOL DISTRICT. Notwithstanding the foregoing, the parties agree that if TWI performs work outside of the scope of the Services at the request of SHALER AREA SCHOOL DISTRICT shall pay TWI the reasonable value of that work, based on the half-day and full-day rates set forth above.

ARTICLE VI GENERAL TERMS AND CONDITIONS

6.1 Taxes: TWI is responsible for the payment of any local, state or federal taxes that may

result from the payments it receives from SHALER AREA SCHOOL DISTRICT. 6.2 In performing the Services, TWI will be an independent contractor of SHALER AREA

SCHOOL DISTRICT. Nothing in this Agreement is to be construed to create an employment, partnership or joining venture relationship.

6.3 Compliance with Law. Each party shall comply with all applicable laws, ordinances, rules and regulations relating to Services, including but not limited to providing a safe and secure environment in which the Services are to be performed, and obtain any and all required licenses and permits necessary. The parties agree to cooperate with each other to accomplish the foregoing. In the event it becomes necessary, each party is responsible for responding to any appropriate regulatory agencies, and shall reasonably cooperate to help the other respond to appropriate regulatory agencies. This provision shall survive the termination of this Agreement.

6.4 Insurance. 6.4.1 Worker’s Compensation Insurance. Each party shall maintain workers’

compensation coverage as required by state law covering all of its employees employed in connection with the Services operations.

6.4.2 Comprehensive or Commercial Insurance. Each party shall maintain during the term of the Agreement for the protection of TWI and SHALER AREA SCHOOL DISTRICT, Comprehensive or Commercial General Bodily Injury and Property Damage Liability Insurance with a Combined Single Limit of not less than $10M dollars ($10,000,000.00) for each occurrence, including, but not limited to, Personal Injury Liability, Broad Form Property Damage Liability on SHALER AREA SCHOOL DISTRICT property, Blanket Contractual Liability and Products Liability, covering the operations and activities of TWI under the Agreement and, upon request, each party shall provide the other with a certificate evidencing such policies. The insurance policies shall contain covenants by the issuing company that the policies shall not be canceled without thirty (30) days prior written notice of cancellation. Each party shall be named as an additional insured under the other party's policies of insurance to the extent they are indemnified pursuant to Section 6.4.

6.5 Indemnity.

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6.5.1 TWI shall defend, indemnify and hold SHALER AREA SCHOOL DISTRICT harmless from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses and attorney’s fees, which may arise because of the acts or omissions of TWI, its agents or employees in the performance of the Services under the Agreement. This clause shall survive termination of the Agreement.

6.5.2 SHALER AREA SCHOOL DISTRICT shall defend, indemnify and hold TWI

harmless from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses and attorney’s fees, which may arise in the performance of the Services under this Agreement because of the acts or

omissions of SHALER AREA SCHOOL DISTRICT, its agents, employees, contractors, and permitees. This clause shall survive termination of the Agreement.

6.6 Availability of Records. TWI agrees to maintain, for a reasonable period of time to be mutually agreed to by the parties, all reasonable records requested in writing by SHALER AREA SCHOOL DISTRICT.

6.7 Pennsylvania Department of Education. With respect to SHALER AREA SCHOOL DISTRICT operations, TWI shall comply with the regulations of the PA Department of Education.

6.8 Trade Secrets and Proprietary Rights. During the term of the Agreement, the parties may have access to certain proprietary materials of each other (“Trade Secrets”). Neither party shall disclose any of the other party’s "Trade Secrets" or other confidential information, directly or indirectly, during or after the term of the Agreement. The parties shall not photocopy or otherwise duplicate any such material without the prior written consent of its owner. All "Trade Secrets" and other confidential information shall remain the exclusive property of its owner and shall be returned thereto immediately upon the termination of the Agreement. This provision shall survive termination of the Agreement. All material used by TWI, its employees or agents in performing the Services shall remain the sole property of TWI.

6.9 Assignment. Neither party may assign this Agreement without the signed, written consent of the other party.

6.10 Catastrophe. Neither TWI nor SHALER AREA SCHOOL DISTRICT shall be liable for failure to perform its respective obligations under the Agreement when such failure is caused by an act of God, civil disorder or disturbances, strikes, governmental rules and regulations or like causes beyond the reasonable control of such party.

6.11 Arbitration. All claims and disputes between TWI and SHALER AREA SCHOOL DISTRICT arising out of, or relating to, the Services, this Agreement or the expiration or termination of this Agreement for any reason shall be decided by commercial law arbitration in accordance with the rules of the American Arbitration Association unless the parties mutually agree in writing otherwise. The arbitration shall occur in Pittsburgh, Pennsylvania. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having such jurisdiction. Notice of the demand for one party with the other party and with the American Arbitration Association ("AAA") shall file arbitration in writing. Notwithstanding any statute of limitations allowing for a longer filing period, the demand for arbitration must be filed with AAA within six months of when the party filing the claim knew, or reasonably should have known the basis for the claim or dispute. Unless otherwise agreed in writing, or unless the Agreement has been terminated or has expired, TWI shall continue performance of its services and maintain its progress during any arbitration proceedings, and SHALER AREA SCHOOL DISTRICT shall continue to make payments to TWI in accordance with this Agreement.

6.12 Entire Agreement/Amendments/Waiver. This Agreement constitutes the entire agreement between the parties and there are no other written or oral promises or understandings regarding the subject matter of this Agreement. All provisions of the Agreement shall remain in effect throughout the term thereof unless the parties agree, in a written document signed by both parties, to amend, add or delete any provision. The

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Agreement contains all agreements of the parties with respect to matters covered herein, superseding any prior agreements and may not be changed other than by an agreement in writing signed by the parties hereto. The waiver of either party to enforce any provision of this Agreement shall not be a construed as a waiver or limitation on any other provision or the right of that party to compel strict compliance thereafter.

6.13 Notice. Any notice or communication required or permitted to be given under the Agreement shall be in writing and served personally, delivered by courier or sent by United States certified mail, postage prepaid with return receipt requested, addressed to the other party:

To Vendor: The Watson Institute Attention: Marilyn Hoyson, Ph.D. 301 Camp Meeting Road Sewickley, Pennsylvania 15143 To Client: SHALER AREA SCHOOL DISTRICT Attention: Special Education Director Address: 1800 Mt. Royal Boulevard City/State/Zip: Glenshaw, PA 15116-2198 and/or to such other persons or places as either of the parties may hereafter designate in writing. All such notices shall be effective when received or when receipt is first denied, whichever occurs earlier.

6.14 Signature. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and faxed or e-mailed signatures shall also be deemed as originals. IN WITNESS WHEREOF, the parties hereto have entered into the Agreement as of the date first signed or the first day of the Initial Term, whichever is sooner.

THEWATSON INSTITUTE

By: Name: Marilyn Hoyson, Ph.D. Title: Chief Operating Officer Date: June 29, 2020

SHALER AREA SCHOOL DISTRICT By: ____________________________________ Name (printed): __________________________ Title: ___________________________________ Signature date: ___________________________

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Shaler Area School District

Extracurricular Activity: Marching Band Resocialization Plan July 2020

~Approved by the Board of School Directors on July 15, 2020~ Introduction This document contains standards and guidelines for resuming Marching Band participation for Middle School and High School in the Shaler Area School District (SASD). With recommendations from the National Federation of State High School Associations (NFHS) Music Committee, the Sports Medicine Advisory Committee (SMAC) along with guidance prepared by the Pennsylvania Department of Education (PDE), this document outlines the details related to reintroducing Marching Band activities to Shaler Area School District. While it is not possible to eliminate all risk of furthering the spread of COVID-19, the SASD will take necessary precautions and comply with guidelines from the federal, state, and local governments, Centers for Disease Control and Prevention (CDC), Pennsylvania Department of Health, as well as the National Federation of State High School Associations (NFHS), to reduce the risks to students, staff, and their families. The goal is to keep transmission as low as possible to safely continue extracurricular activities. The recommendations below will be adjusted as needed as new information becomes available in order to decrease the risk of exposure for our staff, students, and spectators. Disclosure This document does not supersede any state or federal guidelines currently in place or any future directives that may be issued by public health officials. Participating in Marching Band both at the high school and middle levels is a privilege, and it is of the utmost importance that student members work with staff to help adhere to the following safety guidelines. Doing so is a responsibility of participating in Marching Band activities, both in and out of season. Failure to adhere to the safety guidelines may jeopardize a student’s ability to participate. Social Distancing

● Social Distancing will be encouraged at all times (six feet at a minimum). ○ Marching Band members will sit every other seat on a bench or in bleachers. ○ Marching Band members will stand six feet apart when not participating in a rehearsal activity that

requires closer contact. ● Staff will be limited to essential personnel only. ● Capacity of fields, restroom facilities, band room, and any other rehearsal space will be considered when

determining the appropriate number of participants. ● Groups will be limited to the smallest number possible. ● Virtual group meetings will take place when feasible. ● Unnecessary contact will be avoided between all students and personnel. This includes but not limited to

handshakes, high fives, fist bumps, or elbow bumps.

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● Individuals (Marching Band members and staff who are exhibiting any of the symptoms of COVID-19 (fever, cough, or shortness of breath) prior to arriving for events should remain home and immediately contact the respective Director or sponsor.

Sanitization and Hygiene

● All equipment will be cleaned as much as possible before, after, and during rehearsals, but at minimum after each rehearsal by our Custodial and Maintenance Departments.

● When possible, Marching Band members will not share school instruments and equipment and instead use their own personal instruments and equipment.

● Each Marching Band member will need to have their own personal defined hydration container that is never to be shared.

● Hand sanitizer will be made available throughout SASD facilities for use before, during, and after practices. ● All Marching Band members and staff and will disinfectant hands (wash or hand sanitizer) prior to

participation. ● There will be no shared clothing or shoes between Marching Band members. Students will be encouraged to

shower and wash their clothes immediately upon returning home from rehearsals and events. ● Spitting is prohibited, and everyone is to cover their coughs and sneezes with a tissue or use the inside of

their elbow. ● Avoid face touching whenever possible. ● Wear a cloth face mask as outlined by local and state guidelines.

Personal Protective Equipment

● Student Marching Band members and staff will be required to use masks when in all indoor spaces and when not actively engaging in an activity.

○ While it may be difficult to wear a mask when actively participating in a rehearsal that takes place indoors the percentage of time without the mask will be limited to the active participation time.

● Wearing cloth face coverings is most important when physical distancing is difficult. ● Cloth face coverings are adequate (surgical or N95, while also acceptable, are not necessary). The CDC

website has complete references for mask specifications and maintenance. The garment should cover both the nose and mouth and allow for continued unlabored breathing.

Pre-Participation Screening Prior to resuming any pre-season activities, all Marching Band members and staff personnel will need to have a pre-participation screening. Screening numbers will be limited and by appointment only. Additional information on dates, times etc. will be communicated. The following COVID-19 screening questions will be used:

1. Have you had any known exposure to a COVID-19 positive individual? 2. Have you been tested for COVID-19? 3. Have you had any new onset cough or shortness of breath? 4. Have you experienced any recent febrile illness? (temp above 100.4 degrees F).

Daily Screening

● All staff and student Marching Band members will be screened for signs/symptoms of COVID-19 prior to any rehearsal or event. (See Appendix I for COVID-19 Screening Form).

● Screenings will include a temperature check and questioning to each person for COVID-19 symptoms. These responses should be recorded and stored to provide a record.

● Attendance will be recorded for contact tracing reasons.

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● If individuals participating in rehearsal activities show symptoms, have a temperature of 100.4 degrees or higher, or are sick, they must be sent home.

● Any individual with suspected positive COVID-19 symptoms will not be allowed to take part in rehearsals or performance events.

○ Student Marching Band members will need to contact parents/guardians for immediate pick-up ○ Parents should contact their primary care provider or other appropriate health-care professional for

guidance. Acclimatization Steps As many Marching Band members are deconditioned from the quarantine, a four-week acclimatization period will be instituted. This will occur in a phased and staggered manner to help prevent potential spread of illness by any asymptomatic carriers. Phase One During phase one, the Marching Band will be broken down into groups of no more than 10 students. These groups will remain constant for the next two weeks. Additionally, students will be permitted to participate in non-contact rehearsals in their small groups.

● Marching Band members and staff will continue to wear masks when indoors. ● Facilities and equipment will be cleaned following each session. ● Continue to have all meetings on a virtual platform.

Phase Two After 14 days of small groups (10 or less) and no positive COVID-19 cases in the groups, the smaller groups may be merged into groups of no more than 50 students who can now participate. Social distancing will be maintained at all other times such as during pick up and drop off, on and off of the field, as well as during rehearsal.

● Marching Band members and staff will continue to wear masks. ● Facilities and equipment will be cleaned following each session.

Phase Three After the four week period has been completed and no positive COVID-19 cases in the Marching Band the smaller group may combine to the total group for full rehearsals and performances. Social distancing protocols will remain in place at all other times.

● Marching Band members and staff will continue to wear masks. ● Facilities and equipment will be cleaned following each session.

Illness Protocol

● Should an individual become ill during any of the above phases, they will be removed from the group immediately, masked if not already, and isolated in their individual space. The parent/guardian, Activities Director, and Administration will be notified right away.

● The parent/guardian will be encouraged to seek treatment from a medical professional. ● If testing is conducted and yields a positive result, contact tracing should be initiated and SASD will work in

collaboration with the Allegheny County Health Department. ● A student who has contracted COVID-19 will need to follow guidelines for return. These guidelines will be

given to Marching Band members and the parents/guardians by the SASD. ● Flexible attendance policies will be employed for students and staff.

Hydration

● All students shall bring their own water bottle. Water bottles must not be shared. ● Hydration stations (water cows, water trough, water fountains, etc.) will not be utilized.

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Return from Vacation and/or Travel

● Students and staff who return from traveling to any of the identified “hot spot” states as outlined by the Governor of Pennsylvania and Department of Health will be asked to quarantine for 14 days upon return from travel. Please contact the appropriate sponsor upon your return from vacation before returning to extracurricular activities and/or marching band.

Travel ● Modifications for transportation to and from Marching Band events may be necessary based on current

Pennsylvania Department of Education guidelines. ● This may include:

○ Reducing the number of students and staff on a bus ○ Using hand sanitizer upon boarding a bus ○ Social distancing on a bus

● These potential modifications will be determined by the school district, contractor, Department of Education, State and Local governments.

Event Spectators and Gatherings The Shaler Area School District will continue to monitor and evaluate guidance provided as it relates to spectators attending high/middle school functions, including practices, performances, and competition. During the Yellow and Green phases of Pennsylvania’s reopening plan, activities at the PK-12 level are limited to students and staff only. The addition of visitors (including but not limited to parents/guardians, media etc.) and spectators will be contingent upon future health conditions within the state and local communities. Education

● Staff, Marching Band members, and Parents, will be educated on the following (through posters, flyers, meetings, emails, phone calls):

○ COVID-19 signs and symptoms ○ Proper ways to limit exposure to COVID-19 (hand washing, cough in your elbow, disinfecting

touched surfaces, social distancing, etc.) ○ The content of this Extracurricular Activities: Marching Band Resocialization Plan ○ Any pertinent COVID-19 information released by PADOH, local governments, NFHS and PDE.

Primary Point of Contact Parents/Guardians who have questions or concerns regarding the Shaler Area School District Extracurricular Activities: Marching Band Resocialization Plan should contact Mindy Thiel, Activities Director at [email protected]. Specific Marching Band questions may be directed to George Tepshich, Marching Band Director, at [email protected].

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Appendix I

Shaler Area School District Activities Department

Daily Team COVID-19 Screening Group: ________________________________________ Date: ________________

Location: ______________________________________ Event: _______________ Students and Staff should self-report as deemed necessary prior to each practice/event. Temperature may be taken from a designated, trained individual as needed. The other symptoms should be marked with an “N” for NO or a “Y” for Yes answers. **For the column “Close Contact,” the answer should reflect the following question: Within the past 14 days, have you had close contact with someone who is currently sick with suspected or confirmed COVID-19? (Note: Close contact is defined as within 6ft for more than 10 consecutive minutes, without PPE equipment.) If any responses are “YES” to any question, the student will NOT be allowed to participate in team activities, and will be asked to leave school grounds. Parents or Guardian will be notified. COVID-19 Student/Staff Monitoring Form

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Appendix II

Shaler Area School District Activities Department

Participation Waiver for Communicable Diseases Including COVID-19 The COVID-19 pandemic has presented extracurricular activities across the world with a myriad of challenges concerning this highly contagious illness that primarily attacks the upper respiratory system. Some severe outcomes have been reported in children, and a child with a mild or even asymptomatic case of COVID-19 can spread the infection to others who may be far more vulnerable. While it is not possible to eliminate all risk of furthering the spread of COVID-19, the SASD will take necessary precautions and comply with guidelines from public health authorities, such as the Centers for Disease Control and the Pennsylvania Department of Health, as well as the National Federation of State High School Association Music Committee, to attempt to mitigate the risks to students, coaches, and their families. As knowledge regarding COVID-19 is constantly changing, SASD reserves the right to adjust and implement precautionary methods as necessary to decrease the risk of exposure for our staff, students, and spectators. Some precautionary methods in the SASD Extracurricular Activities & Marching Band Resocialization Plan include but may not be limited to:

1. Health screenings prior to any practice, event, or meeting with participation in the activities being limited and/or prohibited where an individual displays positive responses or symptoms.

2. Encourage social distancing and promote healthy hygiene practices such as hand washing, using hand sanitizer, etc. 3. Intensify cleaning, disinfection, and ventilation in all facilities. 4. Educate Students and Staff on health and safety protocols. 5. Require Students and Staff to provide their own water bottle for hydration.

By signing this form, the undersigned voluntarily agree to the following Waiver and release of liability. The undersigned agree to waive, release and discharge SASD, its Board of Directors, employees, volunteers, successors and assigns, and will hold them harmless from any and all claims, causes of action, liability, expenses, losses, damages, injuries and/or illnesses associated with exposure to COVID-19 or any other communicable disease arising out of the Student’s participation in SASD’s extracurricular programs, events, and activities during the COVID-19 pandemic. The undersigned acknowledge that participating in extracurricular programs, events, and activities may involve a possible exposure to a communicable disease including but not limited to MRSA, influenza, and COVID-19. The undersigned further acknowledge that they are aware of the risks associated with COVID-19 and that certain vulnerable individuals may have greater health risks associated with exposure to COVID-19, including individuals with serious underlying health conditions such as, but not limited to: high blood pressure, chronic lung disease, diabetes, asthma, and those whose immune systems that are compromised by chemotherapy for cancer, and other conditions requiring such therapy. While recommendations and personal discipline may reduce the risks associated with participating in athletics during the COVID-19 pandemic, the risk of serious illness, medical complications and possible death does exist. We knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the released parties, other student-athletes or others, and assume full responsibility for Student’s participation in extracurricular activities during the COVID-19 pandemic. We willingly agree to comply with the stated recommendations put forth by the SASD to limit the exposure and spread of COVID-19 and other communicable diseases. We certify that Student is in good physical condition or believe Student to be in good physical condition and allow participation in this Activity at our own risk. Activity: ______________________________________________________ Signature of Parent/Guardian:______________________________________ Date:______________ Signature of Student:_____________________________________________ Date:______________

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2020-2021 WATERFRONT LEARNING SERVICES CONTRACT

ALLEGHENY COUNTY SCHOOLS

THIS CONTRACT by and between the ALLEGHENY INTERMEDIATE UNIT d/b/a

WATERFRONT LEARNING SERVICES, having an address of 475 East Waterfront Drive,

Homestead, PA 15120 (hereinafter referred to as “Waterfront Learning”)

A

N

D

SHALER AREA SCHOOL DISTRICT, having an address of 1800 Mt. Royal Boulevard, Glenshaw,

PA 15116 (hereinafter referred to as “School District”)

WITNESSETH:

WHEREAS, WATERFRONT LEARNING, a service of the Allegheny Intermediate Unit, has developed a menu of flexible virtual education program options that incorporate high-quality courses, instruction and professional development at reasonable prices; and WHEREAS, WATERFRONT LEARNING will assist school districts to meet the growing need for virtual education and ensure student achievement; and WHEREAS, SHALER AREA SCHOOL DISTRICT wishes to contract with WATERFRONT LEARNING to take advantage of certain flexible virtual education program opportunities for students enrolled in the district; and WHEREAS, the Parties are desirous of setting forth the terms and conditions of such contractual relationship. NOW THEREFORE, in consideration of the above premises and intending to be legally bound hereby, the Parties agree as follows:

1. Term. This contract shall commence on the date that both Parties have signed this

contract and shall continue until June 30, 2021, unless terminated by either party by written notification

to the other with at least thirty (30) calendar days’ notice. Upon termination, WATERFRONT

LEARNING will be entitled to all fees and services as performed up to the date of the termination.

2. Services Provided. WATERFRONT LEARNING will provide the following virtual

solutions consistent with the pricing options and packages as defined in the attached pricing document

(ADDENDUM, incorporated herein by reference).

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3. Independent Contractor. WATERFRONT LEARNING is an independent contractor

and is the sole supervisor for the provision of services set forth in paragraph 1. WATERFRONT

LEARNING supervisory personnel shall be available to consult with the SCHOOL DISTRICT regarding

program implementation and facilitation.

4. Service Providers. The instructional services provided by WATERFRONT

LEARNING shall be performed by Pennsylvania-certified teachers. The policies and procedures of the

SCHOOL DISTRICT regarding grading, attendance, and acceptable use will be followed by

WATERFRONT LEARNING. The SCHOOL DISTRICT shall provide current acceptable use policies

and procedures to WATERFRONT LEARNING upon or before commencement of services. In the

event that a student’s actions violate program or district policies, WATERFRONT LEARNING has the

sole discretion to modify or remove the student’s online course access.

5. Property Restrictions. The SCHOOL DISTRICT may not resell, rent or lease the

service or licensed material or use it in a service provider capacity; or access the service or use the

licensed material to build a competitive service or product, or copy any feature, function or graphic for

competitive purposes.

6. Equipment Transfer and Liability. Should the SCHOOL DISTRICT choose to utilize

hardware support from WATERFRONT LEARNING, the district agrees to all WATERFRONT

LEARNING policies and procedures relating to transfer of possession and return of said equipment.

Should equipment not be returned or be returned in an irreparable condition to WATERFRONT

LEARNING, the SCHOOL DISTRICT agrees to accept financial liability for said equipment as defined

in the pricing document (ADDENDUM).

7. Invoices. WATERFRONT LEARNING shall issue invoices for payment to the

SCHOOL DISTRICT on a quarterly basis. Payment shall be made by the SCHOOL DISTRICT not later

than sixty (60) days after the invoice date. In the event that the district does not remit payment within

60 days, WATERFRONT LEARNING reserves the right to suspend services and/or to assess interest of

1 percent per month on any unpaid balance, retroactive to the invoice date, until payment in full is

received. Any delay in invoicing by WATERFRONT LEARNING will not affect the duty of the

SCHOOL DISTRICT to pay the invoice and shall not constitute a waiver of the right of WATERFRONT

LEARNING to be paid in full for its services.

8. Claims or Disputes. Any claims or other matters in question between the Parties to this

Agreement arising out of or relating to this Agreement or breach thereof shall be resolved through legal

or equitable proceedings before the Allegheny County Court of Common Pleas and/or the United States

District Court for the Western District of Pennsylvania.

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9. Indemnification. Subject to any immunities provided by law, WATERFRONT

LEARNING shall protect, defend, indemnify, and hold the SCHOOL DISTRICT harmless from and

against any and all costs, expenses (including reasonable attorneys fees), liabilities, losses, damages,

suits, actions, fines, penalties, claims or demands of any kind arising out of or in any way connected with

WATERFRONT LEARNING’s negligence or intentional acts under this Agreement. Subject to any

immunities provided by law, SCHOOL DISTRICT shall likewise, protect, defend, indemnify and hold

WATERFRONT LEARNING harmless from and against any and all costs, expenses (including

reasonable attorney’s fees) liabilities, losses, damages, suits, actions, fines, penalties, claims or demands

of any kind arising out of or in any way connected with the SCHOOL DISTRICT’s negligence or

intentional acts under this Agreement.

10. Governing Law. The Agreement shall be construed under, and in accordance with the

laws of the Commonwealth of Pennsylvania.

11. Enforceability of Provisions. In the case that any one or more of these provisions in this

Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall only

affect such provision(s) and not affect all other portions of this Agreement. The portions of this

Agreement that were unaffected shall be construed as if such invalid, illegal or unenforceable provision

had never been contained herein.

12. Sole Agreement of Parties. This Agreement constitutes the sole and only Agreement of

the Parties involved and supersedes any prior understanding, or written or oral agreement between the

Parties respecting the subject matter contained within.

ATTEST: ALLEGHENY INTERMEDIATE UNIT

_________________________________ BY_______________________________________ Date: ______________________

ATTEST: SHALER AREA SCHOOL DISTRICT

__________________________________ BY_______________________________________

Date: __________________

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July 2, 2020 Dear Mr. Sean C. Aiken, We hope this communication finds you well! This year has brought about an unprecedented time. It is important for you to know that Waterfront Learning has continued to competitively negotiate with our vendors to ensure response to return plans for the new 2020-2021 school year. The available K-12 continuity of education plans have been designed with new licensing and service options. We are pleased to share that the WFL Response to Return Plan will provide districts the ability to design a standardized content delivery program for all anticipated instructional plans: traditional, virtual, and hybrid. In addition to our online vendor partnerships, it is our pleasure to continue to bring new and innovative options to your district. In particular, professional development to support your educators in the virtual learning and student engagement environment are excellent options! Please find enclosed the Waterfront Learning Contract and pricing information for the 2020-2021 school year. We are very pleased to share with you that prices for the new year have had a marginal increase, providing a cost effective, reliable program. The strong vendor partnerships that we have established have resulted in very competitive pricing and an enhanced suite of comprehensive services and customized learning pathways for our districts and students. This year, we are happy to announce Waterfront Learning will once again be providing services K-12 at consortium level pricing. This includes additional concurrent and site-based license options, student gifted and talented services enrichment/remediation and hybrid learning design packages. This suite of services is now available to all of our educational learning partners. Brief highlights of vendor services, updates and changes in the upcoming 2020-2021 school year follow: Edgenuity and Odysseyware (Grades K-12) Waterfront Learning continues to capitalize on the strength Edgenuity offers through its instructional and content teams. Through additional partnerships and acquisitions, Edgenuity’s options are robust and comprehensive. WFL is pleased to provide a K-12 virtual footprint for districts interested in providing instruction at the elementary and secondary level. The elementary options are comprised of the K-5 Edgenuity platform, fueled on the Accelerate Education platform, as well as Odysseyware K-5. Districts this year will be able to provide elementary services at a district level and through vendor instructional services. Edgenuity has the content to deliver a K-12 digital suite of student options through various customized licensing options. Students enrolled in this video-based system will again benefit from live help and support for core courses. Opportunities for AP and extensive World Language courses continue, coupled with PA certified teachers, and the Genius Student Information System integration. Edgenuity also has a vast selection of career electives to meet the requirements for Career Readiness Indicators.

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All of these features are included in the tuition costs. This includes a new CTE Digital Library with more than 100 additional courses for grades 6-12. Comprehensive personalized remediation and assessment pathways are also a vendor related service option. This partnership has also provided free Learning Loss and Booster Course options designed to help provide academic achievement gap instruction to prepare students for the new school year. Pearson Online and Blended Learning (K-12) Pearson continues to offer innovative options and rigorous student services. Pearson will be one of two providers for K-12 digital options. Pearson continues to maximize the student/teacher interface providing state of the art virtual content. This vendor brings to the suite exciting opportunities: a full suite of elementary specials, including languages and technology; gifted and talented courses 3-8; Chinese and Japanese languages, as well as level IV in additional world languages; and lastly, comprehensive AP courses. The instructional services will be provided by PA certified teachers in addition to wraparound services. Concurrent license options will allow delivery to be an option for educational staff. Please ask for supplemental courseware and site license options. EdisonLearning, Inc. (Grades 6-12) Edison Learning continues to provide vendor benefits including: a free trial period, live instructional supports, unlimited courses for full-time students, student specific support advisors providing student intervention services, PA certified teachers, Genius Student Information System integration, and the ability for course content modification and diagnostic testing. It is anticipated for fulltime student caseloads that the WFL staff will help supplement career based electives with supplemental vendors. Zulama Zulama courses, utilizing a Waterfront Learning teacher or your own, will be available for the upcoming school year. Waterfront Learning is pleased to offer courses in game design, coding with GameMaker, and making mobile games. First Steps Driver’s Theory Waterfront’s partnership with First Steps brings with it not only a PDE approved Driver’s Theory course experience, but one that is PennDOT approved as well. Students completing this nine week, pass/fail course may be eligible for reductions in auto insurance rates depending on their insurance carrier. Enclosed you will find two copies of the Waterfront Learning Contract for services for the upcoming 2020-2021 school year. Regardless of full-time or part-time status, all students enrolled will participate in our auto-call system aimed at identifying students who have not completed online activities in five sequential school days. Tiered intervention supports, aimed at identifying struggling students and communicating that information to district liaisons, is a program deliverable for all participants. We are very excited about partnering with your district and look forward to meeting your virtual and hybrid needs through our comprehensive suite of services. Please sign the included contracts, mailing both of them back to Waterfront Learning. After the AIU Board approval, one of the contracts will be mailed back to you for your records. Should you have any additional questions about the attached contract, pricing addendum, and/or implementation of online services, please feel free to contact Waterfront Learning.

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Sincerely,

Jennifer R. Beagan Senior Program Director, Waterfront Learning 412-394-4996 [email protected]

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