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David Fanning, Principal
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Teacher Handbook » 7.1 Summary of Department of Education Regulations

7.1 Summary of Department of Education Regulations

Summary of Department of Education Regulations
This document is distributed at the first faculty conference each year and is a summary of important Department of Education Regulations that you are required to be aware of. You can find and read complete regulations on the Department of Education website:  If any questions arise regarding these regulations please see the Principal.
 
You are being asked to sign the attached form as evidence that you have received and read the information provided. This signed document will be kept in your file.
 

Regarding Suspicion of Child Abuse

You are a MANDATED reporter if you suspect that a child is a victim of child abuse. Under the law, you are immune from personal liability when you act “in good faith” and “without malice.” If you suspect that a child is being abused, you must:
  1. Personally call in to the State Registry
  2. Report the issue to the AP Guidance or the Principal
Please note that failure to report a suspicion of child abuse is ground for disciplinary action and may result in charges that lead to termination.
 
 
Regarding Sexual Misconduct by a Staff Member (Chancellor’s Regulation A-750)
  1. This regulation covers sexual conduct or relationship between a Department of Education Employee and a student, regardless of the student’s age and/or consent.
  2. This regulation prohibits any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature under the broadest possible interpretation.
  3. If a student tells you he or she has been the object of such conduct, you must report this allegation to the Special Commissioner of Investigation at (212) 510 – 1500 and to the Principal or Assistant Principal. You may NOT gather information or conduct any investigation and you must maintain confidentiality.
  4. You are cautioned to be a professional at all times in your own words and actions. All allegations are taken seriously and all are investigated.

Regarding Corporal Punishment (Chancellor’s Regulation A-420)
  1. Any act of physical force used on a student for the purpose of punishing a student is strictly prohibited.
  2. The only exception is the use of reasonable force:
    1. to protect yourself, another staff member, or student from harm.
    2. to protect the property of the school or of others
    3. to restrain or remove a student whose behavior is interfering with the orderly exercise of school functions.
ALL reasonable alternative procedures to physical force are expected to be employed first.

The Department of Education Bylaw States: No Corporal punishment shall be inflicted in any of the public schools, nor punishment of any kind tending to cause excessive fear or physical or mental distress. Violation of this Bylaw shall constitute grounds for dismissal.
This regulation goes beyond physical force: Language that belittles or subjects students to ridicule or is abusive or threatening verbal communication is a violation of this regulation (A-421)

Violations of this regulation must be reported to the Corporal Punishment Unit of the Office of Special Investigations at (718) 935 – 5157, 58.
 

Regarding Disability Harassment (Title II, US Department of Education)

To paraphrase this regulation: Singling out any student for a disability – physical, educational, or emotional – violates federal law. Saying, for example, “How did YOU get into this school?” It is vital that we remember we are all teachers of all students.
 
 
Student-to-Student Sexual Harassment (Chancellor’s Regulation A-831)

Any staff member who witnesses’ student-to-student sexual harassment, who has knowledge of or receives information pertaining to student-to-student sexual harassment, is required to immediately report the alleged act to a member of the supervisory staff.
 
 
Anti-Bias Discrimination Resolution (Department of Education Resolution 4/28/03)

Prohibited are all forms of unlawful discriminatory conduct based on race, religion, ethnicity, alien and citizenship status, national origin, gender, marital status, sexual orientation, disability and age… No person associated with the school system shall behave in a discriminatory manner toward any other person while engaged in any school activity.


Regarding Conflicts of Interest

New York City Charter: “…no regular employee shall have an interest in a firm which such regular employee knows in engaged in business dealings with the city.”
  1. Interest means ownership interest in a firm or employment with the firm.
  2. This includes all colleges and universities except CUNY and SUNY
  3. It is the employee’s responsibility to inform the NYC Conflicts of Interest regarding this or to apply for a waiver of this regulation:
NYC Conflicts of Interest Board
2 Lafayette Street
Suite 1010
New York, N.Y. 10007
 
If you have any doubts at all, apply for and file a waiver.
 

Regarding Reporting an Arrest (Chancellor’s Regulation C-105)
  1. Under this regulation it is the obligation of all Department of Education employees who are arrested for any reason, to report this arrest immediately to the Office of Personnel Investigations at (718) 935 – 2471, and, immediately in writing, to the principal.
  2. Even if the arrest is eventually dropped, not reporting it within 24 hours can as required by the regulation can have serious consequences including termination.

Regarding Conducting Personal Business on School Time

Department of Education regulations prohibit its employees from conducting personal business while on duty during the school day. Violation of this regulation constitutes misconduct and leads to disciplinary action.