Agenda: Policy Committee Meeting, April 28, 2022

THE SCHOOL DISTRICT OF PHILADELPHIA BOARD OF EDUCATION POLICY COMMITTEE MEETING AGENDA APRIL 28, 2022; 4:00 PM Call to Order Roll Call Agenda Items - Adoption of Minutes - November 4, 2021 Opening Remarks Review of Policies Policy 102 - Multiracial, Multicultural, and Gender Education (Eliminate) The District is recommending Policy 102 for elimination because the content included in the policy is already captured in policies 105 (Curriculum Development), 107 (Adoption of Planned Instruction), 112 (Comprehensive School Counseling Program), and 304 (Employment of District Staff), among other policies. Thus, Policy 102 is duplicative. In the fall of next school year, the District will put forth an Equity Framework policy, which will also capture many of the ideas set forth in Policy 102. Policy 103 - Nondiscrimination in School and Classroom Practices Policy 104 - Nondiscrimination in Employment Practices (Eliminate) The District is recommending Policy 104 for elimination because the

information contained in the policy is already covered in Policy 348. Thus, Policy 104 is duplicative. Any unique information contained in Policy 104 is being incorporated into Policy 348, which is also being revised this policy cycle. Policy 138 - English Language Development/Bilingual Education Program Policy 139 - Supporting Language Accessibility for Parents and Guardians Whose Primary Language is Not English (NEW) Policy 248 - Harassment and Discrimination - Students Policy 313 - Evaluation of Professional Employees N/A Policy 348 - Harassment and Discrimination - Employees

Policy 701 - Facilities Planning (Eliminate) The District is recommending policy 701 for elimination because the policy is duplicative of policy 714. Any unique information contained in policy 701 is being incorporated into policy 714, which is also being revised this policy cycle. Policy 714 - Facilities Rightsizing Policy 803 - School Calendar Public Participation Commitee Recommendations Adjourn

THE SCHOOL DISTRICT OF PHILADELPHIA No. 102 SECTION: 100 Programs TITLE: Policy 102 - Multiracial, Multicultural, and Gender Education (Eliminate) ADOPTED: August 18, 2004 REVISED: POLICY 102 - MULTIRACIAL, MULTICULTURAL, AND GENDER EDUCATION (ELIMINATE) Purpose The district shall foster knowledge about and respect for those of all races, ethnic groups, social classes, genders, religions, disabilities, sexual orientations (perceived or known), and gender identities (perceived or known). Definitions N/A Authority The SRC directs that the district shall take disciplinary or remedial action as appropriate in order to assure that further harassment does not occur. School District action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements, Pennsylvania law, and federal law and School District policies. The district will monitor the grievance process internally and assess compliance with this policy.

Delegation of Responsibility When a grievance is reported to any School District employee, that person shall turn it over to the Principal or Site Supervisor unless he/she is the subject of the complaint, in which case it shall be referred to the Regional Superintendent. The Principal shall be responsible for investigating the grievance and recommending action, unless he or /she is the subject of the complaint, in which case the Regional Superintendent shall be responsible. The investigation shall be completed within ten (10) calendar days, and the investigator shall determine if a violation of this policy has occurred and report that decision along with the evidence supporting it, to the School District Title IX Coordinator and Chief Executive Officer, or if the complaint involves the CEO, directly to the School Reform Commission for appropriate action. Mandatory Regulatory Procedures: Multiracial-Multicultural-Gender Education

Its purpose is to ensure equity and justice for all members of the school community, and society as a whole, and to give those members the skills and knowledge they need to understand and overcome individual biases and institutional barriers to full equality. Federal and state laws prohibit harassment and/or discrimination and as a result, the School District is obligated to investigate and take appropriate action when this policy is violated. Philosophy The School District of Philadelphia envisions a society that will ensure respect for all cultures, dignity for all

communities, and justice for all people. The School District of Philadelphia expresses its commitment to achieving this goal by recognizing that Multiracial-Multicultural-Gender Education is indispensable in attaining this objective. To move us toward this goal, the School District is committed to: 1. Pursue academic excellence for all children. 2. Assist students to develop the necessary social and linguistic skills needed to communicate effectively in a multilingual, global society. 3. Teach students to respect their own cultural heritages and to appreciate other peoples from their neighborhood, city, state, nation, and the world. 4. Enable students to develop a deep multicultural understanding that reflects sensitivity toward all. 5. Foster opportunities for students, staff, parents, and other community members to engage in cooperative decision-making and problem solving and to develop a deep multicultural understanding that reflects

sensitivity to the diversity present in a multicultural society. 6. Empower students to recognize and work to overcome injustices caused by bias and historical exclusion and to become active citizens and leaders in the quest for a just society. In seeking to ensure educational equity and justice for all, Multiracial-Multicultural-Gender Education will be infused throughout all aspects of the educational process and will: 1. Integrate multiple perspectives in all curricular areas. 2. Utilize the variety of skills and knowledge that students and adults from diverse backgrounds bring to teaching and learning. 3. Incorporate learning activities to foster knowledge of, acceptance of, and respect for the diverse cultures and histories that make up the fabric of our school communities. 4. Foster among children the development of interpersonal and intergroup skills that will prepare them to live harmoniously in a multiethnic/multicultural/multilingual society.

5. Facilitate the practices necessary to assist all children to become effective and successful learners regardless of race, ethnicity, social class, gender, religion, disability, sexual orientation (perceived or known), and gender identity or identities (perceived or known). 6. Ensure that staff throughout the District receive appropriate, ongoing opportunities for training and staff development in multicultural understanding. 7. Ensure that the commitment to Multiracial-Multicultural-Gender Education is reflected in the diversity of all levels of staffing in the School District of Philadelphia. 8. Respect and value parental and community input and participation in the educational process. 9. Extend training in Multiracial-Multicultural-Gender Education to parents and community members that reflects multiracial-multicultural-gender equity. 10. Implicit in this statement is the requirement that each staff member accept responsibility for the accomplishment of these goals.

In furtherance of these goals, the School District of Philadelphia has created a grievance process for a student who believes he/she has been harassed or discriminated against or been denied the rights guaranteed by this policy. The grievances will be monitored by a School District Title IX Coordinator who will assure that complaints are investigated and resolved. The grievance form can be found in the Code of Student Conduct. Implementation Academic excellence and equity represent, in part, an institutional commitment to enable the school community, including faculty, staff, and students, to reach its fullest human and intellectual potential and the achievement of these goals and objectives requires the School District to:

1. Make an institutional commitment to teach to all children in every school, a curriculum informed by the principles of gender-equity, multiracial and multicultural knowledge and perspectives, including but not limited to the history and experiences of women, racial and ethnic minorities, and various religious denominations as well as individuals who are lesbian, gay, bisexual, or transgender and disabled people. 2. Seek equitable allotments for this activity from the District's resources for the ongoing development of appropriate curriculum, instruction, and assessment, as well as the ongoing evaluation of administrative policies, procedures, and performance standards. 3. Enhance and develop all school-based educational activities/programs/experiences including but not limited to curricula, instructional materials, after-school programs, community partnerships, professional staff development, support services, discipline/school climate, library acquisitions, as well as

assessment, testing, and evaluation instruments to reflect the School District’s of Philadelphia's commitment to a school environment that reflects multiracial-multicultural-gender equity. These activities are subject to staff evaluation, assessment, and reporting on an annual basis to the School Reform Commission. Legal References: 1. School District of Philadelphia Policy 101, Philosophy, Mission and Goals, Section 4.2, December 1990 2. Commonwealth of Pennsylvania Statement of Principles Regarding Educational Equity 1993 3. Improving America's Schools Act of 1993 4. Regulations of the State Board of Education, Chapter 5: Curriculum 1993 5. Commonwealth of Pennsylvania Annex A, Title 22, Education Part XIV, Chapter 235, Code of Professional Practice and Conduct for Educators 1992 6. Title IX of the Education Amendments of 1972 Related Information: N/A Recommendation: The District is recommending Policy 102 for elimination because the content included in the policy is

already captured in policies 105 (Curriculum Development), 107 (Adoption of Planned Instruction), 112 (Comprehensive School Counseling Program), and 304 (Employment of District Staff), among other policies. Thus, Policy 102 is duplicative. In the fall of next school year, the District will put forth an Equity Framework policy, which will also capture many of the ideas set forth in Policy 102. Administrative Procedures:

THE SCHOOL DISTRICT OF PHILADELPHIA No. 103 SECTION: 100 Programs TITLE: Policy 103 - Nondiscrimination in School and Classroom Practices ADOPTED: April 27, 1981 REVISED: September 14, 2017 POLICY 103 - NONDISCRIMINATION IN SCHOOL AND CLASSROOM PRACTICES Purpose The Board of Education (“Board”) is committed to maintaining schools that are spaces with inclusive climates and that support the social, emotional, and mental health of all students. The purpose of this policy is to require the School District of Philadelphia (“District”) to maintain a program of nondiscrimination practices, including course offerings, counseling, assistance, employment, athletics, and extracurricular activities. Definitions For the purposes of this policy, terms are defined as follows: Discrimination: To treat individuals differently based on a protected classification including race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin,

marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class. Authority As required by federal, state, and local laws and regulations, the Board shall provide for an equal opportunity for all students to achieve their maximum potential through the programs and activities offered in the schools without discrimination on the basis of race, color, ethnicity, age, religion, sex, sexual orientation (known or perceived), gender identity or expression (known or perceived), ancestry, national origin, marital status, pregnancy, socio-economic status, English language proficiency, political beliefs, veteran status, disability, or other protected class. [1][2][3][4][5][6][7][8][9][10][11][12][13][14][15][16][17] The School Reform Commission declares it to be the policy of this district to provide an equal opportunity for all

students to achieve their maximum potential through the programs offered in the schools regardless of race, color, age, creed, religion, sex, sexual orientation, gender orientation, ancestry, national origin, marital status, pregnancy or disability. [10][11][12][13][14][15][1][2][3][4][5][6][7][8][9] The Board is committed to the maintenance of a safe and positive learning environment for all students that is free from The District without discrimination by providing shall provide to all students; course offerings, counseling, assistance, services, employment, athletics, and extracurricular activities without any form of discrimination. Discrimination is inconsistent with the rights of students and the educational and programmatic goals of the District and is prohibited at or, in the course of, District-sponsored programs or activities, including transportation to or from school or school-sponsored activities.

The equitable distribution of district resources is one means the district shall use to ensure all students receive a quality education. The district shall make reasonable accommodations for identified physical and mental impairments that constitute disabilities, consistent with the requirements of federal and state laws and regulations. The SRC encourages students and third parties who have been subject to discrimination, or parents/guardians of

students, to promptly report such incidents to designated employees. The SRC directs that complaints of discrimination shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. All parties will be treated with dignity and respect. No reprisals nor retaliation shall occur as a result of good faith charges of discrimination or participation in an investigation. In the event that the district fails to investigate a complaint of discrimination, fails to document the outcome of an investigation of discrimination, or if discrimination continues after an investigation has concluded, individuals may report the incident to the district's hotline at 215-400-SAFE and/or submit a complaint in accordance with applicable SRC policy.[16] Delegation of Responsibility

To maintain an education environment that discourages and prohibits program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board SRC shall designates the dDistrict’s Compliance Officer/Title IX Coordinator as the Compliance Officer responsible for coordinating to coordinate the Ddistrict’s efforts to comply with this policy and applicable laws and regulations. The Compliance Officer/Title IX Coordinator can be contacted at: Address: 440 N. Broad Street, Philadelphia, PA 19130 Email: antiharassment@philasd.org Phone Number: 215-400-4830 The Compliance Officer/Title IX Coordinator shall fulfill designated responsibilities to maintain adequate nondiscrimination procedures, to recommend new procedures or modifications to procedures, and to monitor the implementation of the District’s nondiscrimination procedures as follows: 1. Publish and disseminate this policy and the complaint procedure at least twice annually (at the

beginning of school year and following winter break) to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the name, position, office address, telephone number, and email address of the Compliance Officer/Title IX Coordinator and be made available in various languages in accordance with applicable law or Board policy. [18] 2. Receive reports or complaints from District employees, students, families, and third parties if the school principal is the subject of a report or complaint. 3. Track all complaints, investigation materials and resolutions from discrimination complaints District- wide and monitor the timely and appropriate investigation of complaints. 4. Monitor and provide technical assistance to individuals involved in managing complaints. 5. Make ad hoc reports (as necessary or appropriate) and annual reports to the Board on discrimination complaints and resolutions.

The Compliance Officer shall publish and disseminate this policy and complaint procedure at least annually to students, parents/guardians, employees and the public. Nondiscrimination statements shall include the name, position, office address, telephone number and email address of the Compliance Officer. The Office of Student Support Services Compliance Officer, the Office of Talent; the Office of Academic Supports; the Division of Operations; the Office of Schools; the Office of Evaluation, Research, and Accountability; and the Office of Diversity, Equity, and Inclusion, is are to monitor the application of an equity lens in accordance with Policy 102 - Equity Framework nondiscrimination procedures in regarding the following areas: [19] 1. Curriculum and Materials - Review of curriculum guides, textbooks, and supplemental materials for discriminatory bias.

2. Training - Provision of training for students and staff to identify and alleviate problems of discrimination. 3. Student Access - Review of programs, activities, and practices to ensure that all students have equal access and are not segregated except when permissible by law or regulation. 4. District Support - Provision of structure, strategic guidance, and organizational leadership necessary to maintain an equitable District. Assurance that like aspects of the school program receive like support as to staffing and compensation, facilities, equipment, and related areas. 5. Student Evaluation - Review of tests, procedures, and guidance and counseling materials for stereotyping and discrimination. Each staff member shall be responsible to maintain an educational environment free from all forms of discrimination. The Superintendent or designee, through the Office of Student Support Services, shall develop administrative procedures to implement this policy.

The building principal or designee shall be responsible to complete the following duties when receiving a complaint of discrimination: 1. Inform the student or third party of the right to file a complaint and the complaint procedure. 2. Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the complaint procedure. 3. Notify the complainant and the accused of the progress at appropriate stages of the procedure. 4. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint. 5. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation. Mandatory Regulatory Procedures: The equitable distribution of District resources is one means the District shall use to ensure all students receive a quality education. The District shall make reasonable accommodations for individuals with

disabilities, consistent with the requirements of federal and state laws and regulations and in accordance with Board policy, including Policy 103.1 - Nondiscrimination-Qualified Students with Disabilities- Protected. The Board encourages students and third parties who have been subject to discrimination, or parents/guardians of students, to promptly report such incidents to designated employees. Any reports of discrimination that are based on a violation of this policy shall follow the Administrative Procedure B: Bullying, Harassment, and Discrimination (Students). The Board directs that complaints of discrimination shall be investigated promptly, and corrective action be taken when allegations are substantiated. The District shall provide training for all employees to implement the equity framework as part of its work to become an equitable organization through implementation of Policy 102 - Equity Framework.

The District shall post a notice stating that the District does not discriminate in any manner, in any District education program or activity. The notice shall include the title, office address, telephone number, and email address of the individual(s) designated as the Compliance Officer(s) and shall be posted on the District’s website. Confidentiality Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of discrimination shall be handled in accordance with applicable law, regulations, this policy, the administrative procedures to this policy, and the District's legal and investigative obligations. [20][21] [22][23][24][25]

Retaliation The Board prohibits retaliation by the District against any person for: [24] ? Reporting or making a formal complaint of any form of discrimination or retaliation. ? Testifying, assisting, participating, or refusing to participate in a related investigation, process, or other proceeding or hearing. ? Acting in opposition to practices the person reasonably believes to be discriminatory. The District, its employees, and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Compliance Officer/Title IX Coordinator immediately if retaliation is believed to have occurred. Disciplinary Consequences Appropriate disciplinary action/consequences for persons engaging in acts of discrimination and for persons engaged in reprisal or retaliation should be applied, when appropriate, after the investigation has

determined that such an offense has occurred. A range of disciplinary actions/consequences are set forth in the Code of Conduct, Employee Code of Ethics, Collective Bargaining Agreement, or applicable Board policy. [26][27][28][29][30] This policy shall be made available in English and all other languages necessary to facilitate understanding by Ddistrict residents. Legal References: 1. 22 PA Code 12.1 2. 22 PA Code 12.4 3. 22 PA Code 15.1 et seq 4. 22 PA Code 4.4 5. 24 P.S. 1301 6. 24 P.S. 1310 7. 24 P.S. 1601-C et seq 8. 24 P.S. 5004 9. 43 P.S. 951 et seq 10. 20 U.S.C. 1681 et seq 11. 34 CFR Part 106 12. 29 U.S.C. 794 13. 42 U.S.C. 12101 et seq 14. 42 U.S.C. 1981 et seq 15. 42 U.S.C. 2000d et seq 16. U.S. Const. Amend. XIV, Equal Protection Clause 17. Policy 103.1 - Nondiscrimination-Qualified Students with Disabilities-Protected Handicapped Students 18. Policy [insert number] - Supporting Language Accessibility for Parents and Guardians Whose Primary Language Is Not English

19. Policy 102 - Equity Framework 20. Policy 113.4 - Confidentiality of Special Education Student Information 21. 20 U.S.C. 1232g 22. 34 CFR 106.44 23. 34 CFR 106.45 24. 34 CFR 106.71 25. 34 CFR Part 99 26. Policy 113.1 - Discipline of Students with Disabilities 27. Policy 218 - Student Conduct and Discipline

28. Policy 233 - Suspension and Expulsion 29. Policy 317 - Employee Conduct and Reporting Requirements 29. Pol. 113.2 - Behavior Support 1. 43 P.S. 951 et seq - 1955 Act 222 PENNSYLVANIA HUMAN RELATIONS ACT 2. 20 U.S.C. 1681 et seq - 20 U.S. Code Chapter 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS 3. 24 P.S. 1310 4. 24 P.S. 1601-C et seq 5. 22 PA Code 12.1 6. 22 PA Code 12.4 7. 22 PA Code 15.1 et seq 8. 22 PA Code 4.4 9. 24 P.S. 5004 10. 43 P.S. 951 et seq 11. 20 U.S.C. 1681 et seq 12. 20 U.S.C. 6321 13. 29 U.S.C. 794 14. 42 U.S.C. 12101 et seq 15. 42 U.S.C. 2000d et seq 16. Pol. 103.1 17. Pol. 248 18. Pol. 906 19. 20 U.S.C. 1232g Related Information: 28 CFR Part 35 28 CFR Part 41 34 CFR Part 100 34 CFR Part 104 34 CFR Part 106 34 CFR Part 110 Philadelphia Code of Ordinances (Fair Practices Ordinance) - 9-1101 et seq Policy 122 Policy 123 Policy 701 Philadelphia Commission on Human Relations Guidance Administrative Procedures: 103 Procedures

Effective: Administrative Procedure A: Bullying, Harassment, and Discrimination - Students (Attachment for Policies 103, 248, and 249) Purpose The Board of Education (“Board”) is committed to maintaining schools that are spaces with inclusive climates and that support the social, emotional, and mental health of all students. The purpose of these procedures is to maintain an educational environment in which bullying, discrimination, and harassment in any form is not tolerated and to establish procedures for handling complaints of bullying, harassment, and discrimination. Definitions For the purposes of these procedures, terms are defined as follows: Bullying: An intentional electronic, written, verbal, nonverbal, psychological, or physical act or series of acts directed at another student or students, which occurs in and/or outside a school setting, that is severe, persistent, or pervasive and has the effect of doing any of the following:

1. Substantially interfering with a student’s education; 2. Creating of a threatening school environment; or 3. Substantially disrupting the orderly operation of the school. Bullying is characterized by the following three (3) criteria: 1. It is aggressive behavior or intentional harm doing. 2. It is carried out repeatedly over time. 3. It occurs between people where there is an imbalance of power (e.g. physical strength, mental capacity, popularity, or social skills). Bullying can take many forms and can include a variety of behaviors. As defined in this policy, bullying refers to direct or indirect action, which may include but is not limited to: 1. Physical – hitting, kicking, pushing, shoving, getting another person to hurt someone; 2. Verbal – racial slurs, name-calling, teasing, taunting, harassment, gossiping; 3. Nonverbal – threatening, obscene gestures, isolation, exclusion, stalking; 4. Psychological or Relational - involves spreading malicious rumors, and engaging in

social isolations or intimidation; and 5. Cyberbullying – any form of bullying that occurs by the use of electronic communication devices or through means of social networking, email, instant messaging, text messaging, tweets, blogs, photo and video sharing, chat rooms, dash boards, websites or apps including personal profile websites or apps, such as Snapchat, Instagram, and Facebook. It is the intent of this policy that the term bullying include, but not be limited to, incidents that are reasonably perceived as being motivated either by any actual or perceived Page 1 of 10

Effective: characteristic, such as gender, age, race, color, sexual orientation, gender identity expression, national origin, religion, disability, socioeconomic status and/or political beliefs. Bullying designee: A school-based staff person who receives reports of incidents of alleged bullying, harassment, or discrimination; conducts investigations; and determines whether an allegation is substantiated. Complainant: Any individual who is alleged to be the victim of bullying, harassment, or discrimination. Discrimination: To treat individuals differently or to harass or victimize based on a protected classification including race, color, ethnicity, age, religion, sex, sexual orientation (known or perceived), gender identity or expression (known or perceived), ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class.

Electronic communication: A communication transmitted by means of an electronic or communication device, including, but not limited to, a telephone, cellular phone, or computing device. Harassment: Verbal, nonverbal, written, graphic, virtual or physical conduct relating to an individual's known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. Harassment includes unwelcome conduct such as graphic, written, electronic, verbal, or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, sexual misconduct, or other conduct that may be harmful or humiliating or interfere with a person’s school or school-related performance when:

1. Such conduct is sufficiently severe, persistent, or pervasive; and 2. A reasonable person in the complainant’s position would find that it creates an intimidating, threatening, or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities, or opportunities offered by a school. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. A single incident of harassment may implicate more than one protected class. For example, a student may be targeted because of their race and sexual orientation. Respondent: Any individual who is reported to be the perpetrator of conduct that could constitute bullying, harassment or discrimination. Page 2 of 10

Effective: School setting: In the school; on school grounds; in school vehicles; at a designated bus stop; or at any activity sponsored, supervised, or sanctioned by the school. Sexual Misconduct: Unwelcome conduct on the basis of sex or gender that does not meet the definition of Title IX sexual harassment as defined by Policy 248. Sexual Misconduct is a form of harassment under Policy 248. Title IX sexual harassment: Conduct on the basis of sex, that satisfies one or more of the following: [18] ● A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment; ● Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a District education program or activity; or ● Sexual assault, dating violence, domestic violence, or stalking.

Title IX sexual harassment complaints are investigated in accordance with Administrative Procedure B: Title IX Sexual Harassment. Conduct on the basis of sex or gender includes conduct on the basis of sexual orientation and gender identity. Examples of conduct on the basis of sex or gender include but are not limited to, sexual propositions; making unwanted sexual remarks in person or online, touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures, or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating other students as to sexual activity or performance; and circulating or showing emails or websites of a sexual nature. Whether alleged conduct arises to sexual misconduct or Title IX sexual harassment will depend upon the totality of the cirucumstances. Sexual harassment can take place regardless

of sexual orientation or gender identity and can happen among people of the same gender identity. Procedures The District will follow the procedures below regardless of whether the alleged bullying, harassment, or discrimination also is being investigated by another agency, including law enforcement, unless particular procedural steps would directly impede a criminal investigation. The District will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the complainant(s) and the school community and the avoidance of retaliation. Complaint Procedure – Student/Third Party Page 3 of 10

Effective: Step 1 - Reporting A student or third party who believes s/he has been subject to conduct by any student, employee or third party that constitutes a violation of this policy, or the parent/guardian of a student, is encouraged to immediately report the incident to the building principal or designee, or to any other member of the school staff, including teachers, guidance counselors, coaches and administrators. A school employee who witnesses, suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal or designee. Any person, whether the alleged Complainant or not, may submit a complaint alleging bullying, harassment, or discrimination by any means that results in the Compliance Officer/Title IX Coordinator receiving the person's verbal or written complaint including: 1. Completing the online Bullying, Harassment/Discrimination Reporting form;1

2. Calling the Bullying/Harassment hotline at 215-400-SAFE; 3. Submitting a complaint via Safe2Say;2 4. Emailing the Compliance Officer/Title IX Coordinator directly at antiharassment@philasd.org; or 5. Reporting the incident to the building principal or designee, or to any other member of the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches, and administrators. A report may be made at any time, including during non-business hours. Complaints will be treated the same, regardless of whether they are made verbally or in writing. Any school employee who receives a complaint or witnesses, suspects, or is notified that a student may have been subject to conduct that constitutes a violation of Policy 103 - Nondiscrimination in School and Classroom Practices; Policy 248 - Harassment of Students; or Policy 249 - Bullying/Cyberbullying or other applicable Board policy related

to discrimination shall immediately complete the online Bullying, Harassment, and Discrimination Reporting form; report the incident to the building principal or designee; and properly make any mandatory police or child protective services reports required by law. The person accepting the complaint shall handle the report objectively, neutrally, and professionally, setting aside personal biases that might favor or disfavor the student filing the complaint or those accused of violation of applicable Board policy. If the building principal is the subject of a complaint, the student, parent/guardian, third party, or employee shall report the incident directly to the Compliance Officer/Title IX Coordinator. The complainant or reporting employee is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. The building principal or designee shall be responsible to complete the following duties:

2 The Safe2Say complaint form is available at safe2saypa.org 1 The online Bullying, Harassment, and Discrimination Reporting Form is available at https://pareporting.hibster.com/Pages/Home.aspx?id=241 Page 4 of 10

Effective: 1. Notify the parent or guardian of the Complainant and Respondent of the complaint 2. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation. Parents/Guardians have the right to act on behalf of their student who is a Complainant, Respondent, or witness at any time. NOTE: It is critical that school employees who witness behavior that may constitute bullying, harassment, or discrimination or who receive a complaint determine whether immediate steps must be taken to avoid further harm, such as keeping students separated, getting medical/behavioral health aid for anyone harmed, etc. Assessment All reports of bullying, harassment, or discrimination shall be reviewed by the Compliance Officer/Title IX Coordinator, who shall conduct an assessment to determine whether the reported conduct falls within the scope of Policy 103 - Nondiscrimination in School and

Classroom Practices, Policy 248 - Harrassment of Students, Policy 249 - Bullying/Cyberbullying, another Board policy, or the Code of Conduct3 and shall determine whether to assign the complaint to the school’s bullying designee or to the appropriate individual in the central office to investigate the allegations and offer supportive measures.4 If the assigned investigator has a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or believes their role as investigator may constitute a conflict of interest they shall immediately notify the Compliance Officer/Title IX Coordinator who will reassign the investigation if they determine that a conflict may exist. If the reported conduct, as alleged, would be sufficient to meet the definition of Title IX sexual harassment the Compliance Officer/Title IX Coordinator shall ensure that the complaint is addressed through Administrative Procedure B: Title IX Sexual Harassment.

Step 2 - Investigation Upon receiving a complaint of discrimination, the building principal or designee shall investigate the complaint, unless the building principal or designee is the subject of the complaint or is unable to conduct the investigation. The building principal or designee shall conduct an adequate, reliable and impartial investigation and shall provide the opportunity for each party to present witnesses and other evidence. 4 Examples of relevant Board policies include, but are not limited to, polices 102, 103, 103.1, 104, 113.1, 218, 234, 247, 248, 249, 252, 348, and 906. 3 The Code of Conduct (attachment to Policy 218) is available at https://www.philasd.org/schoolboard/policies/ Page 5 of 10

Effective: The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The investigator shall attempt to secure statements from all participants in and witnesses to the complaint. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. The investigator should coordinate with any other ongoing school or criminal investigation of the incident. All investigations shall be completed by tThe assigned investigator shall take immediate and appropriate action to conduct an investigation which shall be completed within fourteen (14) seven (7) school days from the reporting filing date of the complaint. Extenuating circumstances for not able to comply with the deadline must be approved by the Compliance

Officer/Title IX Coordinator. The extension must be a specified period of time not exceeding fourteen (14) school days unless approved by the Compliance Officer/Title IX Coordinator, and must be communicated to the Complainant. The Complainant shall not be required to meet face-to-face with the Respondent. The obligation to conduct this investigation shall not be negated by the fact that the Complainant cannot identify the Respondent. The limited English proficiency of a Complainant, witness, or the Respondent is not an acceptable reason for failure to secure a statement from them. To determine whether the alleged bullying, harassment, or discrimination occurred the investigator shall: 1. Conduct individual interviews with the Complainant, the Respondent, and others with knowledge relative to the incident. The investigator shall also evaluate any other information and materials relevant to the investigation.

2. Attempt to secure statements and other evidence from all participants in, and witnesses to, the incident(s). 3. Offer interpretation and/or translation services when a student with limited English proficiency is a party or witness to a complaint. 4. Ensure that Complainants and Respondents have been offered supportive measures and notified of available resources, such as counseling, health, and mental health services, and, if applicable, their right to file a complaint with local law enforcement. 5. Follow all district guidelines and training to conduct a thorough and unbiased investigation . Based upon their investigation, the investigator shall determine whether the alleged conduct is found to be a violation of a Board policy or policies or Code of Conduct and notify the parents as set forth below under Parental Notification. If the investigator is a Page 6 of 10

Effective: central office investigator they or the Compliance Officer/Title IX Coordinator also shall notify the principal and bullying designee regarding the outcome. The investigator shall document the investigation in HIBster, including a determination of whether the complaint has been substantiated as factual and whether the alleged conduct is founded or unfounded, based on a preponderance of the evidence. If the investigator does not have access to HIBster, the investigator shall coordinate with the Compliance Officer/Title IX Coordinator who will enter the information into HIBster. Investigative Report The building principal or designee shall prepare and submit a written report to the Compliance Officer, which shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, the basis for the determination, and a recommended disposition of the complaint.

The complainant and the accused shall be provided written notice of the outcome of the investigation, including the recommended disposition. The accused shall not be notified of the individual remedies offered or provided to the complainant.[17] Notification of Outcome IEP Team/Section 504 Team Notification If a complaint is substantiated and either the Respondent or the Complainant is a student with a disability who has an Individualized Education Plan (“IEP”) or a Section 504 Plan, the principal or bullying designee must notify the student’s IEP Team or Section 504 Team. Unless it is clear from the investigation that there was no effect on the student with a disability’s receipt of a Free and Appropriate Public Education (“FAPE”), the appropriate team must convene to make a determination of whether and how the student’s IEP or 504 plan should be amended and the extent to which additional or different services or

evaluations,, are needed and ensure that any needed changes are made promptly. If a change of placement is considered, Section 504 or IEP services must be provided in an educational setting with persons who do not have disabilities to the maximum extent appropriate to the needs of the student with a disability. Parental Notification Founded complaints: Parents/guardians of the Complainant and Respondent(s) shall be notified in writing, and the following steps shall be taken by the Principal/Bullying Designee or Compliance Officer/Title IX Coordinator: 1. The parent/guardian(s) of the Complainant will be informed of the specific steps that the school will take to intervene in the reported behavior(s), monitor future conduct, and protect the Complainant from reprisal or retaliation. Page 7 of 10

Effective: 2. The parent/guardian(s) of the Complainant and the Respondent will be invited to participate in the development of an intervention plan for their respective child, when appropriate, and provided a copy of that plan if one is created . Each intervention plan must also be documented in the Infinite Campus Student Information System 3. The parent/guardian of the student Respondent will be informed of any proposed consequences as stipulated in the Code of Conduct. Unfounded complaints: Parents/guardians of the Complainant and Respondent(s) shall be notified in writing of the type of incident that occurred as well as the specific steps that the school will take, regarding their child, to address the complaint and monitor future interactions. This communication will notify the parent/guardian of the basis for the District’s decision (i.e. mutual conflict) and the availability of an appeal process. This notification shall also encourage ongoing communication with District staff.

District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy determines that the Respondent engaged in conduct that constitutes a violation of Policy 103 - Nondiscrimination in School and Classroom Practices, Policy 248 - Harassment of Students, Policy 249 - Bullying/Cyberbullying, or another Board policy, the District shall take prompt, corrective action to ensure that such conduct ceases and effective steps reasonably calculated to end the bullying, harassment, or discrimination; eliminate any hostile environment; remedy the discriminatory effect on the Complainant; and prevent the behavior from recurring. The district shall take steps to prevent the recurrence of prohibited conduct and to correct the discriminatory effect on the complainant and others, if appropriate. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant.[17]

Disciplinary actions shall be consistent with the Code of Student Conduct, SRC policies and administrative procedures, applicable collective bargaining agreements, and state and federal laws, and may include educational activities and/or counseling services. If it is concluded that a student has knowingly made a false complaint under this policy, such student shall be subject to disciplinary action. Behavioral Interventions/Supportive Measures Schools must provide intervention and support to Complainants, Respondents, and/or witnesses to address acts of bullying, harassment, or discrimination. Possible interventions include, but are not limited to, the following actions: 1. Parent/student conferences; 2. Offer of one-to-one counseling with appropriate professional staff; 3. Behavioral supports, such as Functional Behavioral Assessments, check in/check out, and Positive Behavior Support Plans; 4. Increased adult supervision in hot spot areas and during transition times (e.g.

admission and dismissal, classroom changes, lunch, recess); Page 8 of 10

Effective: 5. Social skills training, including role playing; 6. Positive incentives and reinforcements for appropriate or improved behavior; 7. Development of a safety plan for the Complainant; and 8. Daily report. Disciplinary Action While all founded incidents of bullying, harassment, or discrimination require intervention, some incidents may require disciplinary action/consequences for the Respondent(s). Appropriate disciplinary action/consequences for persons engaging in acts of bullying, harassment, or discrimination; for persons engaged in reprisal or retaliation; and for persons found to have made false accusations should be applied, when appropriate, after the investigation has determined that such an offense has occurred. The disciplinary action/consequences may vary depending on the severity of the bullying, harassment, or discrimination. A range of disciplinary actions/consequences are set forth in the Code of

Conduct, Employee Code of Ethics,5 Collective Bargaining Agreement, or applicable Board policy. Appeal Procedure If the Complainant or Respondent is not satisfied with the finding of no violation of the policy or with the recommended corrective action the investigation, , s/he may submit a written appeal may be filed using the appeal form to the Compliance Officer within fifteen (15) days. The appeal form must be received by the Office of Student Rights and Responsibilities within fifteen (15) calendar days of the date of the decision. The appeal will be conducted in an impartial manner by an impartial decision-maker in that office. Information about the appeal process, including the required appeal form, is available on the Office of Student Rights and Responsibilities’ webpage.6 1. The Compliance Officer shall review the investigation and the investigative report and may also conduct a reasonable investigation.

2. The Compliance Officer shall prepare a written response to the appeal within fifteen (15) days. Copies of the response shall be provided to the complainant, the accused and the building principal who conducted the initial investigation. Central Office Support In the event that the District fails to investigate a complaint, or a parent/guardian has not received notification of the outcome of an investigation, or if the reported conduct continues after an investigation has concluded, support may be requested by calling the Office of Family and Community Engagement (“FACE”) at 1-215-400-SAFE. FACE will notify the District's Compliance Officer/Title IX Coordinator who will address the concern. Parents/guardians may also email bullying@philasd.org or antiharassment@philasd.org. 6 The Office of Student Rights and Responsibilities’ webpage is available at https://www.philasd.org/studentrights/ 5 The Employee Code of Ethics (attachment to Policy 300) is available at

https://www.philasd.org/schoolboard/policies/ Page 9 of 10

Effective: Exceptions to our policy of always prioritizing educational continuity may be considered as a last resort where all other options have been expended. Data Reporting regarding Bullying Complaints The Office of Student Support Services will post on its website annually the number of bullying and harassment complaints filed as well as the number of complaints found to constitute bullying or harassment by school or network. Maintenance Schedule These procedures originate with the Office of Student Support Services. Regular updating of these procedures will be accomplished, as needed. Page 10 of 10

THE SCHOOL DISTRICT OF PHILADELPHIA No. 104 SECTION: 100 Programs TITLE: Policy 104 - Nondiscrimination in Employment Practices (Eliminate) ADOPTED: April 27, 1981 REVISED: May 18, 2017 POLICY 104 - NONDISCRIMINATION IN EMPLOYMENT PRACTICES (ELIMINATE) Purpose N/A Definitions N/A Authority The School Reform Commission declares it to be the policy of this district to provide to all persons equal access to all categories of employment in this district, regardless of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin or handicap/disability, gender identity, or genetic information. The district shall make reasonable accommodations for identified physical and mental impairments that constitute disabilities, consistent with the requirements of federal and state laws and regulations. Additionally, the District shall make reasonable accommodations for sincerely held religious beliefs consistent with the requirements of

federal and state laws and regulations. [1][2][3][4][5][6][7][8][9][10][11] The district seeks to recruit, hire, and place into available jobs the most qualified persons and to administer personnel matters such as compensation, benefits, promotion, transfer, training, layoffs, discipline, termination, and district sponsored educational, social, and recreational programs in accordance with law and SRC policy. The SRC encourages employees and third parties who have been subject to discrimination to promptly report such incidents to designated employees. The SRC directs that complaints of discrimination shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No reprisals nor retaliation shall occur as a result of good faith charges of discrimination or participation in an investigation. Delegation of Responsibility

In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the SRC designates the Chief Talent Officer and Office of General Counsel as the district’s Compliance Officers. The Compliance Officer(s) shall publish and disseminate this policy and the complaint procedures at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the name, position, office address, telephone number and email address of the Compliance Officer(s).

The Compliance Officer(s) are responsible to monitor the implementation of nondiscrimination procedures in the following areas: 1. Development of position qualifications, job descriptions and essential job functions. 2. Recruitment materials and practices. 3. Procedures for screening, interviewing and hiring. 4. Promotions. 5. Disciplinary actions, up to and including terminations. The building principal/immediate supervisor or designee shall be responsible to complete the following duties when receiving a complaint of discrimination: 1. Inform the employee or third party of the right to file a complaint and the complaint procedure. 2. Notify the complainant and the accused of the progress at appropriate stages of the procedure. 3. Refer the complainant to the Compliance Officer(s) if the building principal/immediate supervisor is the subject of the complaint. 4. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation.

Mandatory Regulatory Procedures: N/A Legal References: 1. 43 P.S. 336.3 2. 43 P.S. 951 et seq 3. 20 U.S.C. 1681 et seq 4. 29 U.S.C. 206 5. 29 U.S.C. 621 et seq 6. 29 U.S.C. 794 7. 42 U.S.C. 12101 et seq 8. 42 U.S.C. 1981 et seq 9. 42 U.S.C. 2000e et seq 10. 42 U.S.C. 2000ff et seq 11. Pol. 348 - Unlawful Harassment Related Information: 16 PA Code 44.1 et seq 28 CFR 35.140 28 CFR Part 41 29 CFR Parts 1600-1691 Philadelphia Code of Ordinances (Fair Practices Ordinance) - 9-1101 et seq Recommendation: The District is recommending Policy 104 for elimination because the information contained in the policy is already covered in Policy 348. Thus, Policy 104 is duplicative. Any unique information contained in Policy 104 is being incorporated into Policy 348, which is also being revised this policy cycle. Administrative Procedures: Policy 104 procedures

Effective: Administrative Procedures for Nondiscrimination in Employment Practices (Attachment for Policy No. 104) The School Reform Commission declares it to be the policy of this district to provide to all applicants equal access to all categories of employment in this district, regardless of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin or handicap/disability, gender identity, or genetic information. The district shall make reasonable accommodations for identified physical and mental impairments that constitute disabilities, consistent with the requirements of federal and state laws and regulations. Procedures Complaint Procedures All School District employees who believe that they have been subject to conduct by an employee or third party that constitutes a violation of this policy, Policy 104, may file a complaint using the procedure below. This same procedure applies to applicants and third parties. Step 1 – Reporting

An employee or third party who believes s/he has been subject to conduct by an employee or third party that constitutes a violation of this policy is encouraged to immediately report the incident to the District’s Compliance Officer, the Chief Talent Officer. Louis Bellardine, Chief Talent Officer Email: talent@philasd.org Phone: (215) 400-4690 If an employee or third party reports an incident to the building principal/immediate supervisor, building principal/immediate supervisor should refer the employee to send report to the Compliance Officer. If the building principal/immediate supervisor is the subject of a complaint, the employee or third party shall report the incident directly to the Compliance Officer. The complainant is encouraged to use the report form available, but verbal complaints shall be acceptable. Anyone who receives a verbal complaint should refer employee or third party to the

Compliance Officer and, if possible, should notify the Compliance Officer in writing as soon as possible. Step 2 - Investigation Upon receiving a complaint of discrimination, the Compliance Officer or designee will investigate the complaint. Page 1 of 3

Effective: The Compliance Officer (referred to below as the ‘investigator’) or designee shall conduct an adequate, reliable and impartial investigation and shall provide the opportunity for each party to present witnesses and other evidence. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The investigator shall attempt to secure statements from all participants in and witnesses to the complaint. The accused shall have the right of representation during his/her interview as required by the applicable collective bargaining agreement or district practice. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. The investigator should

coordinate with any other ongoing school or criminal investigation of the incident. All investigations shall be completed by the assigned investigator within sixty (60) days from the filing date of the complaint. Extenuating circumstances for not being able to comply with the deadline must be approved by the Compliance Officer. The extension must be a specified period of time not exceeding twenty-five (25) days, and must be communicated to the complainant. Step 3 – Investigative Report The Compliance Officer shall prepare and submit a written report, which shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, basis for the determination and a recommended disposition of the complaint. The complainant and the accused shall be provided written notice of the outcome of the investigation, including the recommended disposition. The accused shall not be notified of the

individual remedies offered or provided to the complainant. Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases. The district shall take steps to prevent the recurrence of prohibited conduct and to correct the discriminatory effect on the complainant and others, if appropriate. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. Disciplinary actions shall be consistent with SRC policies, administrative procedures, applicable collective bargaining agreements, and state and federal laws. Page 2 of 3

Effective: Appeal Procedure 1. If the complainant or the accused is not satisfied with a finding of no violation of the policy or with the recommended corrective action, s/he may submit a written appeal to the Chief Talent Officer within fifteen (15) days. 2. The Chief Talent Officer shall review the investigation and the investigative report and may also conduct a reasonable investigation. 3. The Chief Talent Officer shall prepare a written response to the appeal within fifteen (15) days. Copies of the response shall be provided to the complainant, the accused and the Compliance Officer who conducted the initial investigation. Page 3 of 3

THE SCHOOL DISTRICT OF PHILADELPHIA No. 138 SECTION: 100 Programs TITLE: Policy 138 - English Language Development/Bilingual Education Program ADOPTED: January 18, 2018 REVISED: POLICY 138 - ENGLISH LANGUAGE DEVELOPMENT/BILINGUAL EDUCATION PROGRAM Purpose The Board of Education (“Board”) is committed to giving each student what they need to reach their fullest potential. The purpose of this policy is to provide a quality educational program for all students, the School District of Philadelphia shall provide culturally and linguistically appropriate planned instructional program for English Learners (“ELs”) and dual language learners (“DLLs”), which builds on students’ home language and culture. The goal of the program is for shall be to ensure ELs and DLLs at all levels of language proficiency to can access grade-level academic content standards while developing advanced levels of

English with support for students’ integration and participation in the community. Students who are ELs shall be identified, assessed, and provided an equal opportunity to participate in instructional programs with equal access to educational programs and extracurricular activities, consistent with federal and state laws and regulations. [1][2] Definitions For purposes of this policy, terms are defined as follows: Bilingual Education: Academic programs that are taught in two languages with the goal of all students becoming bilingual and biliterate. Career and Technical Education (“CTE”): Academic programs that specialize in the skilled trades, applied sciences, modern technologies, and career preparation Dual Language Learners (“DLLs”) - Students who receive literacy and content instruction in two languages, specifically in a dual language (“DL”) program. English Learners (“ELs”): Students who are learning English as an additional language.

English Language Development (“ELD”): Instruction specifically designed to develop English proficiency. English as a Second Language (“ESL”): Academic programs for students who are learning English. Former English Learners (“FELs”): Students who have demonstrated proficiency in English and no longer qualify as an English Learner. Gifted Individualized Education Plan (“GIEP”): A written plan describing the education to be provided a gifted student.

Home Language Survey (“HLS”): A survey completed for all students as part of the enrollment process. The survey indicates the language(s) used in the home. Individualized Education Plan (“IEP”): A written plan describing the education to be provided a student who has a disability under the law. Language Instruction Educational Program (“LIEP”): District plan and design of instruction for English Learners. Newcomer: An English Learner who has been in the U.S. for less than one year. Positive Behavior Interventions and Supports (“PBIS”): A framework for adopting evidence-based behavior interventions. Student with Limited or Interrupted Formal Education (“SLIFE”): A diverse subset of English Learners who have limited backgrounds in reading and writing in their home language(s) and/or who are below grade level in most academic skills due to interruptions in their formal education. Authority As required by Pennsylvania Department of Education (“PDE”) Regulations and other applicable

laws, the District shall provide a program for each student whose dominant language is not English for the purpose of facilitating the student’s achievement of English proficiency and the academic standards. [1][2][3][4][5] Delegation of Responsibility The SRC Board authorizes the Superintendent or designee, through the Office of Academic Supports, to approve a written Language Instruction Educational Program (“LIEP”) for students whose dominant language is not English and to maintain an oOffice for of mMultilingual cCurriculum and pPrograms (“OMCP”) to develop and support a plan that shall include English Language Development (“ELD”) and bilingual instruction programs. The programs shall be evidence-based and implemented with sufficient resources and appropriately trained staff. Programs shall be evaluated regularly for effectiveness in developing students’ language proficiency and access to grade-level content. [1][2][3][4][5]

The Superintendent or designee shall address ELs and programs in all District functions, partnerships, and planning processes, as necessary to provide effective ELD and Bilingual Education instruction programs in compliance with laws and regulations. The District’s plan for ELs shall include: 1. appropriate preparation and professional development for all professional staff, including core content and grade teachers, ESL teachers, and principals; 2. sufficient resources to implement the language instruction program including appropriate textbooks/materials and supportive technology; 3. effective curriculum and programming to meet the needs of ELs at varying levels of proficiency, including newcomers, students with interrupted or limited formal education (SLIFE) and older ELs (18- 21); 4. effective and accessible data management systems with accurate and relevant EL data points; and 5. language access for families and community. [3][6]

The Superintendent or designee shall implement and supervise an ELD/Bilingual Education program that ensures appropriate instruction for ELs in all schools and complies with federal and state laws and regulations. The Superintendent or designee, in conjunction with appropriate stakeholders, shall develop administrative procedures regarding the ELD/Bilingual Education program. Administrative procedures shall be updated and revised annually, made public through the District’s website and appropriate offices and distributed to District

administrators, school-based administrators, teachers, and staff, to ensure the implementation of Policy 138 is being transparently, consistently, and equitably adhered to across the District. The Superintendent or their designee, through the OMCP, shall create a plan that addresses the needs of ELs and DLLs in all District functions, partnerships, and planning processes, by providing effective ELD and Bilingual Education instruction programs in compliance with laws and regulations. The District’s plan shall be captured in an English Language Development/Bilingual Education Program Manual that shall include: 1. A system for identification, placement and notification; 2. Research/evidence-based programing; 3. A plan to ensure equitable access; 4. Program evaluation and accountability; and 5. Facilitating parent, family, and community engagement. Mandatory Regulatory Procedures: The Superintendent or their designee, through the OMCP, in conjunction with appropriate

stakeholders, shall review annually the implementation of this Policy. A summary of the review shall be made public through the District’s website and appropriate offices and distributed to District administrators, school-based administrators, teachers, and staff, to facilitate the transparent, consistent, and equitable implementation of Policy 138 across the District. The Superintendent or designee shall implement and supervise an ELD/Bilingual Education program that ensures appropriate instruction for ELs and DLLs in all schools and complies with federal and state laws and regulations. Identification, Placement, and Notifications The dDistrict shall establish procedures for identifying and assessing the needs of students whose dominant language is not English. The A Home Language Survey (“HLS”) shall be completed for each student upon enrollment in the dDistrict. Students who require language screening for ELD services, based on the Home

Language SurveyHLS, must be administered a state-approved language screener the Pennsylvania Department of Education’s approved language screener. The Home Language Survey HLS, language screener results, and current language proficiency level as determined indicated by the annual State ELD assessment, must be maintained in accordance with Policy 800 - Records Management. in the student’s permanent record folder and recorded in the District’s student information system through graduation. [4][5][6][7][8] EL students shall be appropriately identified and placed in accordance with the LIEP within the first thirty (30) days of the school year, or within fourteen (14) days of enrollment. [8] Families shall be notified, in the preferred home language, of their student’s entry into ELD services, right of refusal as defined by State law, and student’s current language proficiency level as indicated by the annual State ELD assessment. [3][2][9]

Students with a secondary school transcript will have their transcript evaluated in a timely manner to ensure proper placement in high school. Secondary EL students will be rostered in appropriate credit-bearing courses in accordance with the District’s rostering guidelines for secondary students. Elementary and middle school students will be placed in an age appropriate grade based on District policy. Promotion and retention of ELs must follow District, State, and Federal regulations, and procedures must align with District guidelines. An EL may not be retained in a grade based solely on his/her lack of English proficiency. [3]

Students shall be reclassified or exited from their EL status in accordance with the English Language Development/Bilingual Education Manual District required criteria as specified in State law with notification made to families in their preferred language. [2][3][10] Programming All students identified as English Learner (ELs) students or DLLs will be provided an asset-based Language Instruction Educational Program (LIEP), which values students’ linguistic, and cultural, and educational backgrounds resources,; is grounded in effective research-based theory,; and allows students to draw from their entire linguistic repertoire, including languages other than English. Curriculum in language and grade/content areas shall be standards-based and grade-level aligned modified as appropriate for ELs. In all language programs, students’ home languages and cultures, as well as their educational experiences from the

home country and family, shall be valued as a strong foundation for the acquisition of another language not limited to students participating in a designated Bilingual Education program. [3] The LIEP must include either Bilingual or English as a Second Language (“ESL”) program components. Both Bilingual Education and ESL programs shall be aligned to the core instructional program and utilize certified teaching personnel to afford ensure that ELs and DLLs are afforded the full opportunity to master the essential knowledge and skills of the core curriculum. Staff will incorporate all appropriate scaffolds and modifications, interventions to instruction and assessment to promote allow ELs meaningful access to the core general curriculum and to promote language development and grade-appropriate content learning. Programs shall draw from students’ linguistic and cultural resources and shall be assessed based on progress

towards language proficiency and achievement in core subjects and skills including math, reading, science, and social studies. [2][3] Bilingual and ESL programs must meet or exceed minimum State requirements and include instructional strategies and/or curriculum which integrates language and content instruction that is culturally inclusive and responsive competent, scaffolded, and aligned with state and national standards. Instruction must be “high challenge with high support” to ensure access to the core curriculum. All teachers, including, but not limited, to grade level teachers, content area teachers, specialists, ESL teachers, and special education teachers ESL and non-ESL teachers, including grade or content teachers , will be provided with opportunities to plan instruction collaboratively to ensure academic language development and access to grade- level content for all ELs and DLLs including newcomer students. [2][3]

Bilingual Education programs will include language and literacy instruction in both English and the additional language and shall promote bilingualism, biliteracy, and biculturalism for all students. Language and literacy proficiency, including reading proficiency, must be formally tracked and recorded for both English and the additional language in District-issued report cards for students in bilingual programs. Teachers and administrators shall be provided consistent and appropriate preparation and professional development opportunities in order to effectively implement and sustain Bilingual Educations programs. and Teachers must be certified with appropriate content or grade certification and able to provide instruction in the additional language as demonstrated by the District’s screening process. [2][3][10] ESL Education Programs must include English Language Development (ELD) instruction delivered by ESL

certified teachers with appropriate content or grade certification in alignment with State requirements. ELD must be incorporated into all classes taught by ESL and non-ESL certified teachers, including grade and/or content teachers, in which ELs and DLLs are enrolled. All teachers of ELs or DLLs are responsible for deliberately planning for, and incorporating language instruction, as well as appropriate scaffolding supports, modifications, interventions, and accommodations needed to provide access allow ELs to fully access course core standards and curriculum. ELD instruction by ESL and non-ESL teachers shall promote the use of

students’ home language skills and culture to support and enhance learning and development of core content skills and knowledge. ELD instruction by ESL and non-ESL grade/content teachers and administrators will be supported through consistent and research-based supplemental education and professional development opportunities in order to effectively implement and sustain effective ESL and DL programs. [2][3] Equitable Access EL students, at all levels of language proficiency, shall be required, with accommodations, to participate in assessments, as appropriate, and meet established academic standards and graduation requirements. [9][10] [11][12][13][14][15][16][17][18][19][20][21] Pursuant to establishing a positive and safe school environment for all students, District policies apply to all students, regardless of immigration status, in order to establish a positive and safe school environment,

especially, but not limited to Bullying and Harassment Policies 248 and 249; Multiracial, Multicultural, Gender Education Policy 102; Nondiscrimination in Classroom Policy 103; Homeless Students Policy 251; Transgender and Gender Nonconforming Students Policy 252. [1][20][21][22][23][24] ELs and DLLs students shall have equitable access to and be encouraged to participate in all academic programs, including Career and Technical Education (“CTE”), as covered by Policy 115 - Career and Technical Education, and special admission/magnet schools and programs, and as well as extracurricular activities and programs available to dDistrict students. Students shall be assisted by persons knowledgeable about dDistrict schools and programs to consider a range of opportunities programs and to obtain the accommodations and supports needed for the student success to be successful, including modifications.

Families shall receive guidance in a language they understand. Students may not be excluded on the basis of admission criteria if they can participate successfully, given reasonable accommodations. [22][23][24][25][26] [27][28] EL students in all settings, including alternative placements, newcomers programs, special admission/magnet, city-wide admission, Career and Technical Education (CTE), and students with an Individualized Education Plan (“IEP”), as defined by Policy 113 - Special Education Gifted Individualized Education Plan (GIEP), as defined by Policy 114 - Gifted Education, 504 plan, or students in schools with low EL enrollment, are entitled to equitable access to language development instruction and resources. [2][3][22][23][24][25][26][27] [28][29][30] ELs students and DLLs are eligible for Individualized Education Programs (IEPs), 504 Plans, and/or Gifted Education Programs (GIEPs), and shall be identified in accordance with law, regulations, and District policy.

The District shall ensure that Any assessment of a student for individualized and gifted education services shall includes consideration of intervening factors, such as English proficiency, that may be interfering with school staffs’ officials’ ability to identifyication of various learning abilities. ELs and DLLs who are eligible for specialized education services shall continue receiving ESL/Bilingual Education instruction in accordance with their IEP, GIEP, or 504 Plan at the appropriate language proficiency and developmental level, and with regular input and monitoring from an ESL specialist or trained and certified designee. [4][13][5][12][29][30] Students’ language proficiency or EL or DLL status cannot be grounds for denying or delaying evaluation to determine eligibility for special education services. ELs and DLLs may be eligible for special education services when they have been identified as a student with a disability and it is determined that the disability is

not solely due to lack of instruction or proficiency in the English language. An evaluation for an EL or DLL student must be conducted in a language the student understands to accurately assess eligibility with bilingual evaluations conducted when feasible in accordance with state and federal laws. [29] Parents/guardians shall be

consistently and equitably offered the District’s interpretation and translation services to ensure facilitate meaningful participation in all educational opportunities and services. the special education process. [2][3][4][5][12][29] EL students who are eligible for specialized education services shall continue receiving ESL/Bilingual Education instruction in accordance with their Individualized Education Program (IEP), Gifted Individualized Education Plan (GIEP), or 504 Plan at the appropriate language proficiency and developmental level, and with regular input and monitoring from an ESL specialist or trained designee. [5][12][13] Students who are ELs and DLLs may remain in high school through their 21st birthday regardless of credit attainment. Students who do not finish high school by the age of 21 are eligible for alternative education programs with ELD and content classes deemed appropriate and necessary to enable the student to obtain a high school diploma. [31]

Evaluation & Accountability The District’s plan for ELs and DLLs, including ESL and Bilingual Education programs, professional development offerings, and curriculum and instruction, shall be regularly evaluated with asset-based approaches by District offices, superintendents, and school-based administrators with input from students, parents/families, and community stakeholders, at least once every three years, to ensure determine whether all components are aligned, implemented, and working effectively to facilitate the acquisition of the English language and achievement of academic standards, and shall be revised when necessary to promote ensure greater student achievement. [9][10][11][12] Students who are ELs and DLLs must be assessed annually with Pennsylvania’s state-adopted English Language Development language proficiency assessment. [3] Individual schools and the ESL Pprogram shall

collect and disaggregate data based on student progress as reported to inform dDistrict and school-based planning, including school improvement planning. [5][12] Parent, Family, and Community Engagement In order to ensure facilitate meaningful participation, parents/guardians whose dominant language is not English shall be offered appropriate qualified interpretation and translation services by the District. These services, including training for families in how to be involved in a student’s education and removing barriers to family involvement, shall be provided by trained professionals. The District will ensure sufficient training of staff to ensure promote language access for all families. [1][3][2][32] School administrators must maintain a record of the family’s primary home preferred language and facilitate ensure that meaningful opportunities for participation in that language are provided in a language that the parents/guardians understand. [1][3][2][32]

The District shall maintain a clear, comprehensive, and reliable means of outreach, including web-based platforms, that is not solely reliant upon parents/families coming to a school building, to facilitate ensure community stakeholder and parental/family involvement in the education of their children. The program(s) designed for outreach to parents Family and community outreach will be carefully monitored and evaluated by the Superintendent or designee, through the OCMP, and school-based administration in accordance with the PDE Pennsylvania Department of Education and United States federal standards, for effectiveness. [2][3] [9][10][11] Annual meetings will be convened by appropriate District administrators for community stakeholders, District offices, and interested educators, and families to monitor and review Policy 138.

Legal References: 1. Policy. 103 - Nondiscrimination in School and Classroom Practices 2. 22 PA Code 4.26 3. 20 U.S.C. 6801 et seq 20 U.S.C. 6312 4. Policy. 103.1 - Nondiscrimination-Qualified Students With Disabilities/Protected Handicapped Students 5. 22 PA Code 11.11 6. Policy. 200 - Enrollment of Students 7. Policy 800 - Records Management 8. 20 U.S.C. 6823 9. 34 CFR 100.3 10. 20 U.S.C. 6826 11. 20 U.S.C. 6812 12. 20 U.S.C. 6841 13. 22 PA Code 4.51 14. 22 PA Code 4.51a 15. 22 PA Code 4.51b 16. 22 PA Code 4.51c 17. 22 PA Code 4.52 18. Policy. 127 - Assessments 19. Policy. 217 - Graduation Requirements 20. Policy 102 - Multiracial, Multicultural, and Gender Education 21. Policy 248 - Harassment and Discrimination of Students 22. Policy 249 - Bullying/Cyberbullying 23. Policy 251 - Students Experiencing Homelessness 24. Policy 252 - Transgender and Gender Nonconforming Students 25. 20 U.S.C. 1703 26. Policy. 115 - Career and Technical Education

27. Policy. 122 - Extracurricular Activities 28. Policy. 123 - Interscholastic Athletics 29. Policy. 113 - Special Education 30. Policy. 114 - Gifted Education 31. 22 PA Code 11.12 32. 42 U.S.C. 2000d et seq Pol. 333 - Professional Development 20 U.S.C. 6842 Related Information: Related Information: English Language Development/Bilingual Education Program Manual 34 CFR Part 200 LeGare 1994, Consent Decree Policy. 304 - Employment of District Staff Policy [insert number] - Supporting Language Accessibility for Parents and Guardians Whose Primary Language is Not English Administrative Procedures:

THE SCHOOL DISTRICT OF PHILADELPHIA No. 139 SECTION: 100 Programs TITLE: Policy 139 - Supporting Language Accessibility for Parents and Guardians Whose Primary Language is Not English (NEW) ADOPTED: REVISED: POLICY 139 - SUPPORTING LANGUAGE ACCESSIBILITY FOR PARENTS AND GUARDIANS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH (NEW) Purpose The Board of Education (“Board”) is committed to improving communication with and promoting access to School District of Philadelphia (“District”) language accessibility services and activities for parents and guardians whose primary language is not English. Definitions N/A Authority To further promote the goal of creating safe and welcoming schools for all students and families, the Board directs the District to define the means by which it makes families and staff aware of the availability of language access services and to enhance and support parents and guardians and District staff in accessing District

services for parents and guardians whose primary language is not English. Delegation of Responsibility The Board directs the Superintendent or their designee, through the Office of Family and Community Engagement (“FACE”), to develop administrative procedures to further promote communication with parents and guardians whose primary language is not English about the educational programs and opportunities in the District, as well as their students’ academic learning, and to aid District staff in helping to identify, offering and/or directing those parents and guardians to these resources. [1][2][3][4] Mandatory Regulatory Procedures: N/A Legal References: 1. 22. Pa. Code § 11.11(e) 2. Policy 901- School-Community Relations Objectives 3. Policy 918- District-Wide Parent & Family Engagement Policy 4. Policy 138- English Language Development/Bilingual Education Program Related Information: N/A Administrative Procedures: Policy 139 - Administrative Procedures

Effective: Administrative Procedures for Supporting Language Accessibility for Parents and Guardians Whose Primary Language is Not English (Attachment for Policy No. 139) PURPOSE The Board of Education (“Board”) is committed to promoting access to School District of Philadelphia (“District”) language accessibility services and activities for parents and guardians whose primary language is not English. These parents and guardians are sometimes referred to as Limited English Proficient (LEP), or Deaf or Hard of Hearing (DHOH). DHOH parents and guardians might communicate using American Sign Language (ASL) or some other system of visual communication. The District strongly supports and encourages the meaningful participation of all parents/guardians in the education of their child. Translation and interpretation services allow parents/guardians of other language backgrounds to be active participants in the school community and communicate effectively with staff, regardless of

the language they speak at home. The purpose of this administrative procedure is to: (1) provide written guidance for staff regarding how and when to access interpretation (spoken) and translation (written) services; and (2) explain the resources and support available from schools and/or the District to deliver translation and interpretation services to parents/guardians whom need them. DEFINITIONS For purposes of this policy, terms are defined as follows: ● American Sign Language (ASL): a visual-gesture language created for Deaf or Hard of Hearing (DHOH) individuals of all ages. ● Limited English proficiency (“LEP”): refers to individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English. ● LEP parent(s): refers to the parent(s) or guardian(s) of a student or students enrolled in the District whose primary language is other than English and who have limited English proficiency

in one of the four domains of language proficiency (speaking, listening, reading, or writing). ● Primary Language: means the primary language spoken by a student’s parent or guardian, or the predominant language spoken in the student’s home. Parents may have more than one primary language and/or dialect. ● Interpretation: relies on the spoken word. It refers to the process of orally rendering communication from one language into another language among speakers of different languages. ○ Consecutive Interpretation: Method of interpretation in which the speaker speaks a few sentences and then pauses to allow the interpreter to repeat them in the other language. ○ Simultaneous Interpretation: Method of interpreting in which the interpreter interprets the speaker’s message at the same time as the speaker is talking. ● Translation: relies on the written word. It refers to the process of converting the written word

from one language into another language in a way that is culturally and linguistically appropriate so it can be understood by its intended audience. ● Home Language Survey (“HLS”): a survey completed for all students as part of the enrollment process. The survey indicates the language(s) spoken in the home. ● Top Languages: the most common primary languages other than English spoken by LEP parents enrolled in the District as identified by the home language survey. 1

Effective: ● Language Access Services – oral and written language services needed to assist LEP parents to communicate effectively with staff, and to provide LEP parents with access to, and an opportunity to participate fully in, the services, activities, or other programs administered by the District. ● Qualified Translator or Interpreter: an in-house or contracted translator or interpreter who has demonstrated their competence to interpret or translate through testing, or certification by a qualified entity, or is authorized to do so by contract. ● Sight Translation: oral rendering of written text into spoken language by an interpreter without change in meaning based on a visual review of the original text or document. ● Languages of lesser diffusion: refers to languages for which there are not many speakers. PROCEDURES I. The Translation and Interpretation Unit The Translation and Interpretation Unit is responsible for coordinating all efforts related to language

access within the District. It operates within the Office of Family and Community Engagement (FACE) to promote language access as a key consideration in all family engagement initiatives and communications. The Unit: ● Collects and analyzes data every two (2) years to identify and update a list of primary languages spoken by the parent of each child enrolled in school and whether such parent requires language assistance to communicate with the District. Such information will help to enable the provision of appropriate language access services and assist the District in effectively planning and budgeting for services necessary to communicate with parents; ● Provides and coordinates interpretation and translation services to schools and central office teams; ● Serves as primary contact for schools and central office staff for ongoing guidance and support with language access services; ● Provides input regarding appropriate budget allocations for translation and interpretation services;

● Develops and provides language access training for school staff; ● Maintains outside language services vendor contracts; and ● Oversees and monitors the provision of language assistance services provided by FACE to LEP parents including, but not limited to: ○ the number of distinct documents that it translates into the covered languages and the general nature of such documents; ○ the number of meetings at which it provides interpretation services and the languages for which it provides such services; ○ the number of Department employees who provide language access services; and ○ the number of times interpretation services are provided by the District’s telephonic service vendor, and the language in which such services are provided. Inquiries pertaining to this procedure should be directed to: Office of Family and Community Engagement, Translation and Interpretation Unit, Telephone: (215) 400-4180, option 4; Email:

translation@philasd.org; Website: https://www.philasd.org/face/multilingual/ 2

Effective: II. Identifying LEP Parents And Their Language ● The District will promptly identify the language and communication needs of parents/guardians whose primary language is not English to help provide consistent and meaningful access to services and activities. ● Upon student enrollment in the District, parents/guardians complete the Home Language Survey (HLS), which informs the District of the primary language spoken by the parent/guardian of each student enrolled. The HLS shall be translated into the top languages spoken in the District and will be included in the enrollment packet provided to all District parents/guardians. In instances in which it is not feasible to provide written translations of the HLS to a LEP parent, such as in the case of languages of lesser diffusion, the school or office will provide telephonic interpretation or another approved source for interpretation to adequately convey the information orally to parents

whose communication needs are not met in written format. ● To determine the need for interpretation or translation services, District and school staff should refer to the student information system which will indicate the parent/guardian’s primary language as reported on the HLS. III. Notification Of Available Services ● District staff and parents/guardians will be annually notified of these procedures and the accompanying Board policy, which can be accessed on the FACE website and made available in the top languages spoken by parents in the District. ● Staff will receive written guidance regarding how and when interpretation and translation services should be accessed, and such guidance will be updated as needed to reflect available services. ● Parents/guardians will also be annually notified regarding the process for filing complaints through the District’s policy 906 addressing constituent concerns and policy 248 harassment and

discrimination if they believe that language assistance services have not been appropriately provided. IV. Translator And Interpreter Qualifications ● The District will take reasonable steps to utilize interpreters and translators who have demonstrated language proficiency through certification or similar means; or who are employed by a particular vendor or service contracted to provide translation and interpretation services and are similarly qualified. ● Interpreters and translators utilized by the District will at a minimum have knowledge in both languages of any specialized terms or concepts to be used in the communication at issue, and be trained on the role of an interpreter and translator, the ethics of interpreting and translating, and the need to maintain confidentiality. ● Parents/guardians may voluntarily choose to decline the District’s offer of an interpreter and choose instead to rely on an adult friend/companion or relative for language and interpretation

services, but staff may not suggest this as an alternative to providing appropriate language and interpretation services. ● Students and other minor children under the age of 18 may not serve as interpreters or translators for school staff and parents except in an emergency, where there is a clear and imminent danger. 3

Effective: V. Language Accessibility Services Each school and District office will, consistent with this Policy and Administrative Procedure and law, provide free interpretation and translation services to parents/guardians in order to communicate effectively during interactions with District staff. The next section will discuss language assistance services in detail. There are two primary types of language assistance services: oral and written. Interpretation Services (oral) The District will provide interpretation services when necessary and feasible to parents and guardians whose primary language is not English to enable participation in school-based as well as District-wide programs and activities, including but not limited to: ● Meetings of the Board of Education for registered speakers to give testimony ● Parent conferences, information meetings and workshops ● Student discipline, including suspension and expulsion, and disciplinary hearings

● Referral, assessment or placement of students for special education ● Other activities pre-approved by the Translation and Interpreting Unit Such interpretation services may be provided either at the location where the parent is seeking to communicate or by electronic means, such as telephone or video conferencing. The following interpretation and translation services are currently available in the District: ● LanguageLine: The School District of Philadelphia provides free access to telephonic interpretation to schools and District central offices during school hours. LanguageLine offers interpretation services in over 200 languages. Any school employee can use LanguageLine to communicate with parents/guardians of District students. o Instructions for offices and schools to use the District’s Language Line account o Language Line can also be used for “sight” translation. Once connected with the Language Line interpreter, the assigned school staff will read the communication aloud in

English and the Language Line interpreter will repeat in the caregiver’s preferred language. ● Language Hotlines: If families would like to contact the District for any reason in their primary language, they can call one of the language hotlines. They will be directed to leave a voicemail, and a District interpreter will contact them within 24 hours. If a parent/guardian requires interpretation in a language not listed below, they should speak with school staff to obtain a translator or interpreter. The individual phone numbers for each hotline are as follows: o 215-400-8480 – Albanian o 215-400-8481 – Arabic o 215-400-8482 – Chinese o 215-400-5300 – English o 215-400-8483 – French o 215-400-8484 – Khmer o 215-400-8474 – Portuguese o 215-400-8485 – Russian o 215-400-8489 – Spanish o 215-400-8486 – Vietnamese 4

Effective: ● Robocalls: These relate to school-level and District-wide messages. They go out in English and the other top languages spoken in the District. School-level messages may be disseminated in additional languages. Translation Services (Written) Translation of District Documents ● When at least 5 percent of the District’s parent/guardian population or 1,000 persons (whichever is less) speak a primary language other than English, all notices, reports, statements, or records sent to the parents/guardians will, in addition to being written in English, be translated in the top nine primary languages. Central office departments are responsible for arranging translation. ● The Translation and Interpretation Unit staff and qualified contracted vendors are responsible for translating the majority of these documents. ● When the Translation and Interpretation Unit, a school, or office is temporarily unable to translate

a document due to resource limitations or if a small number of families require the information in a language other than English such that document translation is not feasible, the Translation and Interpretation Unit, a school, or office will still provide the information to parents/guardians in a language they can understand, such as through competent oral interpretation. Translation of School Documents ● The principal or designee is responsible for arranging translation of student-level and school-wide documents when necessary and feasible through the school’s bilingual counseling assistant (BCA) or the Translation Unit. Examples of school-wide documents to be translated could include: announcements of school-wide programs, school improvement plans, and school-wide family engagement activities. The following translation services are currently available in the District: ● Bilingual Counseling Assistant (BCAs): BCAs serve as a cultural broker and linguistic bridge

between school staff, students, families, and community members. BCAs are responsible for translating documents for communication purposes for non-English speaking families at all assigned schools, as well as interpreting the spoken word between school staff, students, and parents/guardians as necessary and feasible. ● Website translation: The District’s website integrates with Google Translate and aids non-English speaking families with navigating the District’s online resources. The website has a translate tab at the top of our webpages. This tab accesses Google Translate to convert our website copy into any language selected. Please note, however, that automated translations are not intended to replace human translators and are provided as a service to users of the District’s website, through Google Translate. The District cannot guarantee the accuracy, reliability, or correctness of this software for translations made from English into any other language. Some

content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software. ● Language Web Pages: Webpages in top primary languages that direct multilingual families to the most pertinent topics for families. ● TransAct Parent Notices: The Pennsylvania Department of Education (PDE) provides access to TransAct, an online school document translation service that allows every district, every school, and every educator in Pennsylvania with professional multilingual parent notifications to effectively meet the parent communication requirements mandated by federal law. (PDE’s Educating English Learners Webpage) 5

Effective: o The TransAct Staff Quick Start Guide explains how to (1) register for an account, (2) add parents that will receive the notices, (3) add students associated with parents, (4) find documents and fill-in details, and (5) print or email the notices in up to 22 languages. VI. Procedures for Requesting Services District Employee Requests ● Schools and District departments are responsible, as described above, for communicating effectively with parents and guardians whose primary language is not English, and that they obtain qualified interpreters and/or translators for this purpose. ● Employees should follow the procedures outlined on the Translation and Interpretation Unit website in order to meet the requirements set forth in this procedure, visit: https://www.philasd.org/face/multilingual/ Parent/Guardian Requests ● Parents/guardians needing translation or interpretation services should contact their student’s

school at any time by notifying the office staff, principal, or teacher at their child’s school. ● Parents needing translation or interpretation services to access district level services should call the language hotline for their respective primary language, as provided above. VII. Accommodations for Death and Hard of Hearing All Deaf and Hard of Hearing parents and guardians have a legal right to services and accommodations provided by the District through enhanced communications. Sign Language Interpretation Services Parents/guardians can access sign language interpreting services for such activities, including but not limited to report card conferences, IEP meetings, extra-curricular school functions, and Board of Education public meetings. Services are available by completion of the request form located at https://www.philasd.org/accommodations/sign-language-request-form/ or via email at signlanguagerequest@philasd.org. Telephone Communications

A telecommunications relay service (TRS) acts as an intermediary between the person who is deaf or hard-of-hearing and the person who uses a standard telephone. All rely on a ‘communications assistant’ (CA) who either relays the communications via text telephone or, if qualified, sign interprets the hearing participant’s communications to the deaf or hard-of-hearing participant’s video monitor equipment. In Pennsylvania, a text telephone TRS is available free-of- charge through the Pennsylvania Relay Center Service at: 1-800-654-5988. VIII. Special Education Requests: ● Consistent with special education requirements, the District will provide translation and interpretation services to parents/guardians with limited English proficiency who have students with disabilities. A request for the translation or interpretation services should be sent to the 6

Effective: school’s special education compliance monitor (SPECM) who will coordinate document translation. IX. Staff Training All District staff shall be advised at least annually of: ● How to access, or help parents and guardians access, translation and interpretation services; ● Resources and supports available from the school and/or the District for language access services for parents and guardians whose primary language is not English; and ● Training for appropriate school-based and district-level personnel on the procedures and best practices with respect to the District and school’s roles in facilitating the provision of services; ● And other information deemed necessary to implement these procedures. 7

THE SCHOOL DISTRICT OF PHILADELPHIA No. 248 SECTION: 200 Students TITLE: Policy 248 - Harassment and Discrimination - Students ADOPTED: September 22, 2010 REVISED: March 15, 2018 POLICY 248 - HARASSMENT AND DISCRIMINATION - STUDENTS Purpose The School Reform Commission Board of Education (“Board”) is committed to maintaining schools that are spaces with inclusive climates and that support the social, emotional, and mental health and well- being of all students. The purpose of this policy is to require the strives to provide a healthy, safe, positive learning climate for students in the schools. Therefore, it shall be the policy of the dSchool District of Philadelphia (“District”) to maintain an educational environment in which harassment and sex discrimination (including sexual harassment, sexual assault and sexual violence) in any form is not tolerated and to establish procedures for investigating, responding to, and resolving reports of harassment and discrimination. It

shall also be the policy of the District that each staff member shall be responsible for maintaining an educational environment free from all forms of harassment and sex discrimination, and that each student shall be responsible to respect the rights of his/her fellow students and employees and to ensure an atmosphere free from all forms of harassment and sex discrimination. Definitions For the purposes of this policy, terms are defined as follows: Discrimination: To treat individuals differently or to harass or victimize based on one or more known or perceived protected classifications including race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class. [1][2][3][4][5][6][7][8][9][10][11][12][13][14][15][16][17]

Harassment: Verbal, nonverbal, written, graphic, virtual, or physical conduct relating to an individual's known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. Harassment includes unwelcome conduct such as graphic, written, electronic, verbal, or nonverbal acts including offensive jokes, slurs, epithets, and name-calling; ridicule or mockery; insults or put-downs; offensive objects or pictures; physical assaults or threats; intimidation; sexual misconduct or other conduct that may be harmful or humiliating or interfere with a person’s school or school-related performance when: 1. Such conduct is sufficiently severe, persistent, or pervasive; and 2. A reasonable person in the complainant’s position would find that it creates an

intimidating, threatening, or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities, or opportunities offered by a school. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. A single incident of harassment may implicate more than one protected class. For example, a student may be

targeted because of his/her their race and sexual orientation. Harassment can create a hostile environment when it: 1. Is severe, persistent or pervasive that it affects an individual's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment. 2. Has the purpose or effect of substantially or unreasonably interfering with a student's education. 3. Otherwise adversely affects an individual's learning opportunities, safety or well-being. Sexual discrimination - unequal treatment of any person on the basis of sex unless expressly authorized by statute or regulation. Sexual discrimination may include sexual harassment, sexual violence and sexual assault. Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, written, graphic or physical conduct of a sexual nature.

Examples of sexual harassment, as defined above, include but are not limited to, sexual propositions; touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures, or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating other students as to sexual activity or performance; circulating or showing emails or websites of a sexual nature. For purposes of this policy, the term sexual harassment includes sexual violence. Sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent.[2][5] Title IX sexual harassment: Conduct on the basis of sex, that satisfies one or more of the following:[18] [19][20] ? A District employee conditioning the provision of an aid, benefit, or District service on an

individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment; ? Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a District education program or activity; or ? Sexual assault, dating violence, domestic violence, or stalking.[21][22] Conduct on the basis of sex or gender includes conduct on the basis of sexual orientation and gender identity. Examples of conduct on the basis of sex or gender include but are not limited to, sexual propositions; making unwanted sexual remarks in person or online, touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures, or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual

rumors or rating other students as to sexual activity or performance; and circulating or showing emails or websites of a sexual nature. Sexual harassment can take place regardless of sexual orientation or gender identity and can happen among people of the same gender identity. Authority The SRC prohibits all forms of harassment and sex discrimination of students and third parties by all District students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The SRC encourages students and third parties or parents/guardians of students who believe that this Policy has been violated, to promptly report such incidents to the school principal or designee, or to any other member of the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches and administrators.[1][2][3][4]. Any staff member who receives such a report shall immediately notify the principal or

designee of same. If the behavior continues or if the school does not take action, students or parents/guardians should report the incident to the District’s hotline at 215-400-4000.

As required by federal, state, and local laws and regulations, the Board shall provide for an equal opportunity for all students to achieve their maximum potential through the programs and activities offered in the schools without discrimination, including harassment which is a form of discrimination, on the basis of known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. [1][2][3][4][5][6][7][8][9][10][11][12][13][14] [15][16][17] The Board also declares it to be the policy of this District to comply with federal law and regulations under Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment.

Inquiries regarding the application of Title IX to the District may be referred to the Compliance Officer/Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both. [12] This policy applies to students in connection with all the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school’s facilities, on a school bus, in transit to and from school, at a class or training program sponsored by the school at another location or elsewhere. The policy also applies to any off-campus conduct that has a continuing effect on the campus. The SRC directs that complaints of harassment or sex discrimination shall be investigated promptly, and corrective action taken when allegations are substantiated in accordance with the provision of any applicable state and federal

laws. Confidentiality of all parties shall be maintained, consistent with the District's legal and investigative obligations. Only those with a "need to know" will be apprised of the complaint, and staff participants in the complaint process confidentiality shall be informed of their duty of confidentiality to the process as well. The basic rights of all concerned shall be respected at all times. All parties will be treated with dignity and due process. No reprisals nor retaliation shall occur as a result of good faith charges of violation of this Policy or participation in an investigation. Title IX prohibits retaliation against any individual who files a complaint under Title IX or participates in a complaint investigation. Delegation of Responsibility To maintain an educational environment that discourages and prohibits harassment and sex discrimination, the Board SRC shall directs the Superintendent or their designee to designate and authorize a Compliance

Officer/Title IX Coordinator to ensure this policy is consistently enforced. [23] The Compliance Officer/Title IX Coordinator can be contacted at: Address: 440 N. Broad Street, Philadelphia, PA 19130 Email: antiharassment@philasd.org Phone Number: 215-400-4830 the Student Support Services Chief as the District's Title IX Deputy Coordinator to coordinate the District’s efforts to comply with this policy and applicable laws and regulations. The Board directs the Superintendent or their designee, through the Office of Student Support Services, to develop administrative procedures to implement this policy, including timeframes for the conclusion of the complaint processes, and for filing and resolving appeals. The Compliance Officer/Title IX Deputy Coordinator shall fulfill designated responsibilities, ensure adequate nondiscrimination procedures are in place, and recommend new procedures or modifications to

procedures, as well as the following: 1. Publish and disseminate this policy and the complaint related procedures and notice of nondiscrimination at least twice annually to students, parents/guardians, and employees, independent contractors, vendors, and the public. The publication shall include the name, position, office address, telephone number, and email address of the Compliance Officer/Title IX Deputy Coordinator. 2. Ensure that the Online Bullying Harassment and Discrimination Reporting Page is available in multiple languages. 3. Receive and investigate reports or complaints from District employees, students, families, and third parties if the school principal is the subject of a report or complaint. 4. Coordinate the provision of training for students and staff to identify and alleviate problems of discrimination and harassment, including appropriate training for Compliance Officer/Title IX

Coordinator, investigator(s), decision-maker(s), and any individual designated to facilitate an informal resolution process related to Title IX sexual harassment. All Title IX training materials shall be posted on the District’s website. 5. Track and monitor the completion of all complaints, investigation materials, and resolutions from harassment and discrimination complaints District-wide and by school. 6. Monitor and provide technical assistance to individuals involved in managing complaints. 7. Make ad hoc reports (as necessary or appropriate) and annual reports to the Board School Reform Commission on harassment complaints and resolutions. 8. Maintain and provide information to staff on resources available to complainants in addition to the complaint procedure. The District shall be responsible to provide training for students and employees regarding all aspects of harassment

and sex discrimination. Student training shall include the definition of harassment and sex discrimination, examples of harassment and sex discrimination, the reporting process and consequences of participating in prohibited behavior. Staff training shall include how to appropriately identify, address, and report incidents of harassment and sex discrimination. Each staff member All employees shall be responsible to maintain an educational environment free from all forms of harassment and sex discrimination. Each student shall be responsible to respect the rights of his/her their fellow students and Ddistrict employees and to conduct themselves in a manner ensure an atmosphere free from all forms of harassment and sex discrimination. The building principal or designee shall be responsible to complete the following duties when receiving a complaint of harassment or sex discrimination in accordance with the procedures listed in this policy. At a minimum, the

building principal or designee shall be responsible to complete the following duties when receiving an oral or written report or complaint: 1. Inform the student or third party of the right to file a complaint and the complaint procedure, including their right to English Language interpretation and translation during all steps of the complaint procedures. Even if the student does not explicitly request interpretation, employees are encouraged to use interpretation and translation if they feel it will improve the ability to communicate accurately with the student or third party. 2. Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the complaint procedure. 3. Ensure that complainants are notified of available resources, such as counseling, health, and mental health services, and their right to file a complaint with local law enforcement. 4. Notify the complainant and the accused of the progress at appropriate stages of the procedure.

5. Refer the complainant to the Title IX Deputy Coordinator if the building principal is the subject of the complaint. 6. In cases involving potential criminal conduct, determine whether appropriate law enforcement authorities should be notified.

7. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation. The SRC directs that District employees respond to all incidents of harassment and sex discrimination according to the procedures in this policy, regardless of whether they are alleged to have created a hostile environment. Mandatory Regulatory Procedures: The Code of Student Conduct, which shall incorporate this policy, shall be disseminated annually to students. This policy shall be accessible in every classroom, posted in a prominent location within each school building and posted on the district website. The policy shall be made available in English and all other languages necessary to facilitate understanding by district residents. This policy shall be reviewed with every district student within ninety (90) days after the initial adoption or a revision by the SRC, and annually on the first day of school thereafter.

The Board prohibits all forms of harassment and discrimination of students and third parties by all District students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The Board directs that the foregoing statement of Board policy be included in each student and staff handbook, and that this policy be posted to the District’s website. The Board requires a notice stating that the District does not discriminate in any manner, including Title IX sexual harassment, in any District education program or activity, to be issued to all students, parents/guardians, employment applicants, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the District. All discrimination notices and information shall include the title, office address, telephone number, and email address of the individual(s) designated to monitor compliance.

Verbal complaints of an incident or incidents shall be accepted and documented via the Online Bullying Harassment and Discrimination Reporting Page[1] in accordance with Administrative Procedure A and B. This policy applies to students in connection with all of the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school’s facilities, on a school bus, in transit to and from school, at a class or training program sponsored by the school at another location, or elsewhere. The policy also applies to any off-campus conduct that has a continuing effect on the campus. Upon receipt of a report, the Compliance Officer/Title IX Coordinator shall conduct an assessment to determine the appropriate process for handling the report. If the reported circumstances, as alleged, would be sufficient to meet the definition of Title IX sexual harassment the report shall be addressed

through Administrative Procedure B: Title IX Sexual Harassment. All other reports of harassment or discrimination shall be addressed through Administrative Procedure A: Bullying, Harassment, and Discrimination - Students. Supportive Measures Schools must provide intervention and support to Complainants, Respondents, and/or witnesses to address acts of bullying, harassment, or discrimination. Possible interventions include, but are not limited to, the following actions: 1. Parent/student conferences; 2. Offer of one-to-one counseling with appropriate professional staff; 3. Positive behavioral supports, such as functional behavioral assessments and check in/check out; 4. Increased adult supervision in hot spot areas and during transition times (e.g. admission and dismissal, classroom changes, lunch, recess); 5. Social skills training, including role playing; 6. Positive incentives and reinforcements for appropriate or improved behavior;

7. Development of a safety plan for the Complainant; and 8. Daily report.

Confidentiality Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of harassment or discrimination, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, the administrative procedures to this policy, and the District's legal and investigative obligations.[18][19][24][25][26][27] The basic rights of all concerned shall be respected at all times. All parties will be treated with dignity and due process. Retaliation The Board prohibits retaliation by the District or any other person against any person for: [26] ? Reporting or making a formal complaint of any form of harassment or discrimination or retaliation, including Title IX sexual harassment; ? Testifying, assisting, participating, or refusing to participate in a related investigation, process, or other proceeding or hearing; or

? Acting in opposition to practices the person reasonably believes to be discriminatory. The District, its employees, and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Compliance Officer/Title IX Coordinator immediately if retaliation is believed to have occurred. Disciplinary Consequences Violations of this policy, including acts of retaliation as described in this policy, or knowingly providing false information, may result in disciplinary consequences or corrective actions under applicable Board policy and procedures. [28][29][30][31] Disciplinary or corrective action may include, but is not limited to, appropriate supports and interventions, which may include: ? Multi-tiered System of Supports (“MTSS”); ? Positive Behavior Interventions & Supports (“PBIS”); ? Student Assistance Program (“SAP”); ? Counseling services; ? Parent meetings;

? Referrals to appropriate resources outside of the District; ? Loss of school privileges; ? Permanent transfer to another school building, classroom, or school bus; ? Exclusion from school-sponsored activities; ? Detention; and ? Referral to law enforcement officials. Students Convicted or Adjudicated Delinquent of Sexual Assault Upon notification of a conviction or adjudication of a student in the District for sexual assault against another student enrolled in the District, the District shall comply with the disciplinary or placement requirements established by state law. [22] Complaint/Grievance Procedure – Student/Third Party Step 1 – Reporting Bullying, Harassment, or Discrimination A student or third party who believes s/he has been subject to conduct by any student, employee or third party that constitutes a violation of the District’s anti-harassment or nondiscrimination policy(s), or the parent/guardian of a

student, is encouraged to immediately report the incident to the building principal or designee, or to any other

member of the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches and administrators. A school employee who witnesses, suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal or designee. The complainant or reporting employee is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. The principal or designee shall complete the District’s complaint form if the complainant chooses to make an oral or electronic report. In each building, to the extent practicable, compliant forms shall be readily available in any and all languages that are spoken by one or more students attending that school. If the building principal is the subject of a complaint, the student, parent/guardian, third party or employee shall

report the incident directly to the Title IX Deputy Coordinator for inquiries under this Policy: Chief Student Support Services Officer/Title IX Deputy Coordinator 440 N. Broad Street Philadelphia PA 19130 215-400-4000 antiharassment@philasd.org Step 2 – Investigation Upon receiving a complaint of harassment or sex discrimination, the building principal or designee shall take immediate and appropriate action to investigate or otherwise determine what occurreds. At a minimum, the investigation shall consist of the following: 1. The investigation should consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. 2. The parties may present witnesses and other evidence as part of the investigation. 3. The investigator shall attempt to secure statements from all participants i n, and witnesses to, the incident(s).

The complainant shall not be required to meet face-to-face with the accused. 4. When a student with limited English proficiency is a party to a complaint, interpretation and/or translation services shall be provided. The limited English proficiency of a complainant, witness, or the accused is not an acceptable reason for failure to secure a statement from him or her. 5. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. 6. The obligation to conduct this investigation shall not be negated by the fact that the complainant cannot identify the accused. All complaints should be forwarded and/or uploaded to the Title IX Deputy Coordinator for the purpose of monitoring, evaluating and providing District level support to diminish harassment. All investigations shall be completed by the assigned investigator within fourteen (14) days from the reporting of

the complaint. Extenuating circumstances for not being able to comply with the deadline must be approved by the Title IX Deputy Coordinator. The extension must be a specified period of time not exceeding fourteen (14) days, and must be communicated to the complainant. The District will follow the Complaint Procedures regardless of whether the alleged harassment also is being investigated by another agency, including law enforcement, unless particular procedural steps would directly impede a criminal investigation. The District will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the victim(s) and the school community and the avoidance of retaliation. In the event that school-based staff fail to investigate a complaint of harassment or sex discrimination, fail to

document the outcome of an investigation, or if violations continue after an investigation has concluded, individuals shall report the incident to the district's Title IX Deputy Coordinator at 215-400-4000 and/or submit a complaint to antiharassment@philasd.org. Step 3 - Investigative Report The building principal or designee shall prepare a written report which shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The findings of the investigation shall be provided to the complainant, and his or her parent, if s/he is under 18 years old, the accused, and the Title IX Deputy Coordinator. Step 4 - District Action If the investigation determines that the accused engaged in conduct that constitutes a violation of this policy, the

District shall take prompt and effective steps reasonably calculated to end the harassment or sex discrimination, eliminate any hostile environment. remedy the discriminatory effect on the victim, and prevent the harassment or sex discrimination from recurring. .When appropriate, students who have been found to violate this policy will receive instruction or training on why their actions were inappropriate and/or hurtful. Complainants and the accused, and their parents, if they are under 18 years old, shall be notified of the final disposition/action taken by the District. Appeal Procedure 1. If the complainant or accused is not satisfied with a finding of no violation of the policy or with the recommended corrective action, s/he may submit a written appeal to the Title IX Deputy Coordinator(s) within fifteen (15) days of her/his receipt of written notice of final disposition/action taken. The appeal will be conducted in an impartial manner by an impartial decision-maker.

2. The Title IX Deputy Coordinator(s) shall review the investigation and the investigative report and may also conduct a reasonable investigation. 3. The Title IX Deputy Coordinator(s) shall prepare a written response to the appeal within fifteen (15) days. This time period may be extended by the Title IX Deputy Coordinator(s) under circumstances where winter, spring or summer break coincides with the investigatory period or for other reasonable cause. Copies of the response shall be provided to the complainant, the accused and the building principal/immediate supervisor who conducted the initial investigation. Disciplinary actions shall be consistent with the Code of Student Conduct, Board policies, and administrative procedures outlined in this policy, and state and federal laws. The corrective action may include, but is not limited to, appropriate supports and interventions for students who are either victims or perpetrators of improper conduct,

in accordance with District services and programs, which may include MTSS; Positive Behavior Interventions & Supports (PBIS); Student Assistance Program (SAP); counseling services; parent meetings; referrals to appropriate resources outside of the District; student discipline pursuant to the Code of Student Conduct which could include suspension or expulsion; employee discipline in accordance with any applicable collective bargaining agreement or contract, including but not limited to counseling, suspension, expulsion. If it is concluded that a student has intentionally made a false report or complaint under this policy, such student may be subject to disciplinary action. Expedited Resolution of Harassment Incidents While the SRC cautions that all incidents of harassment are hurtful to students and negatively impact the school

environment, there are some harassment incidents that District employees can effectively address and resolve immediately. The investigative procedures (Steps 1-4 above) shall not apply when a District employee witnesses or receives a report of harassment and the District employee, in his/her professional judgment determines: 1. The harassment was not severe, persistent, or pervasive, and 2. The District employee is able to fully and adequately address the harassment with the target(s) (if any) and the perpetrator(s), including: 1. Educating the perpetrator(s) on the wrongfulness of his/her actions, identifying the harassing language and behavior involved, and referring the student for counseling, community service or imposing discipline, if appropriate, and 2. Speaking with the target student(s) (if any) to ensure s/he has not been a repeated target of harassment, is satisfied with the employee's response, and is notified of his/her right to file a complaint with the principal.

Whenever the Expedited Resolution process is followed, the District employee shall file a written report on the incident in accordance with the administrative procedures outlined in this policy. Examples of behavior that should be reported include, but are not limited to, the following: The following are examples of harassment prohibited by this policy: Some students anonymously inserted offensive notes into African-American students' lockers and notebooks, used racial slurs, and threatened African-American students who tried to sit near them in the cafeteria. Students mockingly refer to Asian students as "Bruce Lee", "China boy",''f"ckm' Asian” and use racial slurs and create noises intended to reference made-up speech around Asian languages. Asian students are routinely targeted in unmonitored student-centric areas such as stairwells, hallways, bathrooms, and walking to and from school with students screaming at them with threats of harm and physical assault. One student threatens an

Asian student by drawing a finger across the throat with the statement, "F*ck you China people." School employees at junior high school received reports of several incidents of anti-Semitic conduct at the school Anti-Semitic graffiti, including swastikas, was scrawled on the stalls of the school bathroom. At the same school, a teacher caught two ninth-graders trying to force two seventh-graders to give them money. The ninth-graders told the seventh-graders, "You Jews have all of the money, give us some. “At the same school, a group of eighth- grade students repeatedly called a Jewish student "Drew the dirty Jew." Shortly after enrolling at a new high school, a female student had a brief romance with another student. After the couple broke up, other male and female students began routinely calling the new student sexually charged names, spreading rumors about her sexual behavior; and sending her threatening text messages and e-mails.

A gay high school student was called names (including anti-gay slurs and sexual comments) both to his face and on social networking sites, physically assaulted, threatened, and ridiculed because he did not conform to stereotypical notions of how teenage boys are expected to act anti appear (e.g., effeminate mannerisms, nontraditional choice of extracurricular activities, apparel, and personal grooming choices). Several classmates repeatedly called a student with a learning disability "stupid," "idiot,” and "retard" while in school and on the school bus. On one occasion, these students tackled him, hit him with a school binder, and threw his personal items into the garbage. Students yell "Speak English!" at immigrant youth at a school who speak their native language in school. In full view of other students, native born English speakers routinely mimic or otherwise make fun of immigrant students' accents and comment on how "weird" they sound.

Students who are in a romantic relationship get into an argument while at lunch and one of them punches the other.

A student sexually assaults another student while on a field trip. A teacher requests sexual favors in exchange for a passing grade on a test. After two students end their relationship, one waits for the other outside of all of their classes and repeatedly asks them to reconsider. The student replies that they are not interested but continues to be followed around the building. The student is fearful and no longer feels comfortable going to class, or safe at school. [1] The reporting page is Online Bullying Harassment and Discrimination Reporting Page Legal References: 1. 22 PA Code 12.1 2. 22 PA Code 12.4 3. 22 PA Code 15.1 et seq 4. 22 PA Code 4.4 5. 24 P.S. 1301 6. 24 P.S. 1310 7. 24 P.S. 1601-C et seq 8. 24 P.S. 5004 9. 43 P.S. 951 et seq 10. 20 U.S.C. 1681 et seq 11. 34 CFR Part 106 12. 29 U.S.C. 794 13. 42 U.S.C. 12101 et seq 14. 42 U.S.C. 1981 et seq 15. 42 U.S.C. 2000d et seq 16. U.S. Const. Amend. XIV, Equal Protection Clause

17. Policy 103.1 - Nondiscrimination – Qualified Students With Disabilities/Protected Handicapped Students 18. 34 CFR 106.44 19. 34 CFR 106.45 20. 34 CFR 106.30 21. 34 U.S.C. 12291 22. 24 P.S. 1318.1 23. 34 CFR 106.8 24. Policy 113.3 - Screening and Evaluations for Students with Disabilities 25. 20 U.S.C. 1232g 26. 34 CFR 106.71 27. 34 CFR Part 99 28. Policy 113.1 - Discipline of Students with Disabilities 29. Policy 218 - Student Conduct and Discipline 30. Policy 233 - Suspension and Expulsion 31. Policy 317 - Employee Conduct and Reporting Requirements 1. 43 P.S. 951 et seq - 1955 Act 222 PENNSYLVANIA HUMAN RELATIONS ACT 2. 20 U.S.C. 1681 et seq - 20 U.S. Code Chapter 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS 3. 29 CFR 1606.8 - 29 CFR 1606.8 - Harassment

4. 29 CFR 1604.11 - 29 CFR 1604.11 - Sexual harassment 5. Office for Civil Rights - Questions and Answers on Title IX and Sexual Violence Related Information: 18 Pa. C.S.A. 2709 20 U.S.C. 1400 et seq 28 CFR Part 41 28 CFR Part 35 34 CFR Part 100 34 CFR Part 104 34 CFR Part 110 U.S. Const. Amend. I Pol.icy 122 Pol.icy 123 Pol.icy 138 Pol.icy 216 Pol.icy 220 Pol.icy 247 Pol.icy 251 Pol.icy 252 Pol.icy 320 Pol.icy 701 Pol.icy 815 Office for Civil Rights – Revised Sexual Harassment Guidance: Harassment of Students By School Employees, Other Students, or Third Parties Philadelphia Commission on Human Relations Guidance Pol. 103.1 - Nondiscrimination – Qualified Students With Disabilities/Protected Handicapped Students Policy. 249 - Bullying/Cyberbullying Policy. 806 - Child Abuse Online Bullying Harassment and Discrimination Reporting Page Administrative Procedures: 248 Procedure A 248 Procedure B

Effective: Administrative Procedure A: Bullying, Harassment, and Discrimination - Students (Attachment for Policies 103, 248, and 249) Purpose The Board of Education (“Board”) is committed to maintaining schools that are spaces with inclusive climates and that support the social, emotional, and mental health of all students. The purpose of these procedures is to maintain an educational environment in which bullying, discrimination, and harassment in any form is not tolerated and to establish procedures for handling complaints of bullying, harassment, and discrimination. Definitions For the purposes of these procedures, terms are defined as follows: Bullying: An intentional electronic, written, verbal, nonverbal, psychological, or physical act or series of acts directed at another student or students, which occurs in and/or outside a school setting, that is severe, persistent, or pervasive and has the effect of doing any of the following:

1. Substantially interfering with a student’s education; 2. Creating of a threatening school environment; or 3. Substantially disrupting the orderly operation of the school. Bullying is characterized by the following three (3) criteria: 1. It is aggressive behavior or intentional harm doing. 2. It is carried out repeatedly over time. 3. It occurs between people where there is an imbalance of power (e.g. physical strength, mental capacity, popularity, or social skills). Bullying can take many forms and can include a variety of behaviors. As defined in this policy, bullying refers to direct or indirect action, which may include but is not limited to: 1. Physical – hitting, kicking, pushing, shoving, getting another person to hurt someone; 2. Verbal – racial slurs, name-calling, teasing, taunting, harassment, gossiping; 3. Nonverbal – threatening, obscene gestures, isolation, exclusion, stalking; 4. Psychological or Relational - involves spreading malicious rumors, and engaging in

social isolations or intimidation; and 5. Cyberbullying – any form of bullying that occurs by the use of electronic communication devices or through means of social networking, email, instant messaging, text messaging, tweets, blogs, photo and video sharing, chat rooms, dash boards, websites or apps including personal profile websites or apps, such as Snapchat, Instagram, and Facebook. It is the intent of this policy that the term bullying include, but not be limited to, incidents that are reasonably perceived as being motivated either by any actual or perceived Page 1 of 10

Effective: characteristic, such as gender, age, race, color, sexual orientation, gender identity expression, national origin, religion, disability, socioeconomic status and/or political beliefs. Bullying designee: A school-based staff person who receives reports of incidents of alleged bullying, harassment, or discrimination; conducts investigations; and determines whether an allegation is substantiated. Complainant: Any individual who is alleged to be the victim of bullying, harassment, or discrimination. Discrimination: To treat individuals differently or to harass or victimize based on a protected classification including race, color, ethnicity, age, religion, sex, sexual orientation (known or perceived), gender identity or expression (known or perceived), ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class.

Electronic communication: A communication transmitted by means of an electronic or communication device, including, but not limited to, a telephone, cellular phone, or computing device. Harassment: Verbal, nonverbal, written, graphic, virtual or physical conduct relating to an individual's known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. Harassment includes unwelcome conduct such as graphic, written, electronic, verbal, or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, sexual misconduct, or other conduct that may be harmful or humiliating or interfere with a person’s school or school-related performance when:

1. Such conduct is sufficiently severe, persistent, or pervasive; and 2. A reasonable person in the complainant’s position would find that it creates an intimidating, threatening, or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities, or opportunities offered by a school. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. A single incident of harassment may implicate more than one protected class. For example, a student may be targeted because of their race and sexual orientation. Respondent: Any individual who is reported to be the perpetrator of conduct that could constitute bullying, harassment or discrimination. Page 2 of 10

Effective: School setting: In the school; on school grounds; in school vehicles; at a designated bus stop; or at any activity sponsored, supervised, or sanctioned by the school. Sexual Misconduct: Unwelcome conduct on the basis of sex or gender that does not meet the definition of Title IX sexual harassment as defined by Policy 248. Sexual Misconduct is a form of harassment under Policy 248. Title IX sexual harassment: Conduct on the basis of sex, that satisfies one or more of the following: [18] ● A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment; ● Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a District education program or activity; or ● Sexual assault, dating violence, domestic violence, or stalking.

Title IX sexual harassment complaints are investigated in accordance with Administrative Procedure B: Title IX Sexual Harassment. Conduct on the basis of sex or gender includes conduct on the basis of sexual orientation and gender identity. Examples of conduct on the basis of sex or gender include but are not limited to, sexual propositions; making unwanted sexual remarks in person or online, touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures, or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating other students as to sexual activity or performance; and circulating or showing emails or websites of a sexual nature. Whether alleged conduct arises to sexual misconduct or Title IX sexual harassment will depend upon the totality of the cirucumstances. Sexual harassment can take place regardless

of sexual orientation or gender identity and can happen among people of the same gender identity. Procedures The District will follow the procedures below regardless of whether the alleged bullying, harassment, or discrimination also is being investigated by another agency, including law enforcement, unless particular procedural steps would directly impede a criminal investigation. The District will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the complainant(s) and the school community and the avoidance of retaliation. Complaint Procedure – Student/Third Party Page 3 of 10

Effective: Step 1 - Reporting A student or third party who believes s/he has been subject to conduct by any student, employee or third party that constitutes a violation of this policy, or the parent/guardian of a student, is encouraged to immediately report the incident to the building principal or designee, or to any other member of the school staff, including teachers, guidance counselors, coaches and administrators. A school employee who witnesses, suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal or designee. Any person, whether the alleged Complainant or not, may submit a complaint alleging bullying, harassment, or discrimination by any means that results in the Compliance Officer/Title IX Coordinator receiving the person's verbal or written complaint including: 1. Completing the online Bullying, Harassment/Discrimination Reporting form;1

2. Calling the Bullying/Harassment hotline at 215-400-SAFE; 3. Submitting a complaint via Safe2Say;2 4. Emailing the Compliance Officer/Title IX Coordinator directly at antiharassment@philasd.org; or 5. Reporting the incident to the building principal or designee, or to any other member of the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches, and administrators. A report may be made at any time, including during non-business hours. Complaints will be treated the same, regardless of whether they are made verbally or in writing. Any school employee who receives a complaint or witnesses, suspects, or is notified that a student may have been subject to conduct that constitutes a violation of Policy 103 - Nondiscrimination in School and Classroom Practices; Policy 248 - Harassment of Students; or Policy 249 - Bullying/Cyberbullying or other applicable Board policy related

to discrimination shall immediately complete the online Bullying, Harassment, and Discrimination Reporting form; report the incident to the building principal or designee; and properly make any mandatory police or child protective services reports required by law. The person accepting the complaint shall handle the report objectively, neutrally, and professionally, setting aside personal biases that might favor or disfavor the student filing the complaint or those accused of violation of applicable Board policy. If the building principal is the subject of a complaint, the student, parent/guardian, third party, or employee shall report the incident directly to the Compliance Officer/Title IX Coordinator. The complainant or reporting employee is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. The building principal or designee shall be responsible to complete the following duties:

2 The Safe2Say complaint form is available at safe2saypa.org 1 The online Bullying, Harassment, and Discrimination Reporting Form is available at https://pareporting.hibster.com/Pages/Home.aspx?id=241 Page 4 of 10

Effective: 1. Notify the parent or guardian of the Complainant and Respondent of the complaint 2. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation. Parents/Guardians have the right to act on behalf of their student who is a Complainant, Respondent, or witness at any time. NOTE: It is critical that school employees who witness behavior that may constitute bullying, harassment, or discrimination or who receive a complaint determine whether immediate steps must be taken to avoid further harm, such as keeping students separated, getting medical/behavioral health aid for anyone harmed, etc. Assessment All reports of bullying, harassment, or discrimination shall be reviewed by the Compliance Officer/Title IX Coordinator, who shall conduct an assessment to determine whether the reported conduct falls within the scope of Policy 103 - Nondiscrimination in School and

Classroom Practices, Policy 248 - Harrassment of Students, Policy 249 - Bullying/Cyberbullying, another Board policy, or the Code of Conduct3 and shall determine whether to assign the complaint to the school’s bullying designee or to the appropriate individual in the central office to investigate the allegations and offer supportive measures.4 If the assigned investigator has a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or believes their role as investigator may constitute a conflict of interest they shall immediately notify the Compliance Officer/Title IX Coordinator who will reassign the investigation if they determine that a conflict may exist. If the reported conduct, as alleged, would be sufficient to meet the definition of Title IX sexual harassment the Compliance Officer/Title IX Coordinator shall ensure that the complaint is addressed through Administrative Procedure B: Title IX Sexual Harassment.

Step 2 - Investigation Upon receiving a complaint of discrimination, the building principal or designee shall investigate the complaint, unless the building principal or designee is the subject of the complaint or is unable to conduct the investigation. The building principal or designee shall conduct an adequate, reliable and impartial investigation and shall provide the opportunity for each party to present witnesses and other evidence. 4 Examples of relevant Board policies include, but are not limited to, polices 102, 103, 103.1, 104, 113.1, 218, 234, 247, 248, 249, 252, 348, and 906. 3 The Code of Conduct (attachment to Policy 218) is available at https://www.philasd.org/schoolboard/policies/ Page 5 of 10

Effective: The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The investigator shall attempt to secure statements from all participants in and witnesses to the complaint. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. The investigator should coordinate with any other ongoing school or criminal investigation of the incident. All investigations shall be completed by tThe assigned investigator shall take immediate and appropriate action to conduct an investigation which shall be completed within fourteen (14) seven (7) school days from the reporting filing date of the complaint. Extenuating circumstances for not able to comply with the deadline must be approved by the Compliance

Officer/Title IX Coordinator. The extension must be a specified period of time not exceeding fourteen (14) school days unless approved by the Compliance Officer/Title IX Coordinator, and must be communicated to the Complainant. The Complainant shall not be required to meet face-to-face with the Respondent. The obligation to conduct this investigation shall not be negated by the fact that the Complainant cannot identify the Respondent. The limited English proficiency of a Complainant, witness, or the Respondent is not an acceptable reason for failure to secure a statement from them. To determine whether the alleged bullying, harassment, or discrimination occurred the investigator shall: 1. Conduct individual interviews with the Complainant, the Respondent, and others with knowledge relative to the incident. The investigator shall also evaluate any other information and materials relevant to the investigation.

2. Attempt to secure statements and other evidence from all participants in, and witnesses to, the incident(s). 3. Offer interpretation and/or translation services when a student with limited English proficiency is a party or witness to a complaint. 4. Ensure that Complainants and Respondents have been offered supportive measures and notified of available resources, such as counseling, health, and mental health services, and, if applicable, their right to file a complaint with local law enforcement. 5. Follow all district guidelines and training to conduct a thorough and unbiased investigation . Based upon their investigation, the investigator shall determine whether the alleged conduct is found to be a violation of a Board policy or policies or Code of Conduct and notify the parents as set forth below under Parental Notification. If the investigator is a Page 6 of 10

Effective: central office investigator they or the Compliance Officer/Title IX Coordinator also shall notify the principal and bullying designee regarding the outcome. The investigator shall document the investigation in HIBster, including a determination of whether the complaint has been substantiated as factual and whether the alleged conduct is founded or unfounded, based on a preponderance of the evidence. If the investigator does not have access to HIBster, the investigator shall coordinate with the Compliance Officer/Title IX Coordinator who will enter the information into HIBster. Investigative Report The building principal or designee shall prepare and submit a written report to the Compliance Officer, which shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, the basis for the determination, and a recommended disposition of the complaint.

The complainant and the accused shall be provided written notice of the outcome of the investigation, including the recommended disposition. The accused shall not be notified of the individual remedies offered or provided to the complainant.[17] Notification of Outcome IEP Team/Section 504 Team Notification If a complaint is substantiated and either the Respondent or the Complainant is a student with a disability who has an Individualized Education Plan (“IEP”) or a Section 504 Plan, the principal or bullying designee must notify the student’s IEP Team or Section 504 Team. Unless it is clear from the investigation that there was no effect on the student with a disability’s receipt of a Free and Appropriate Public Education (“FAPE”), the appropriate team must convene to make a determination of whether and how the student’s IEP or 504 plan should be amended and the extent to which additional or different services or

evaluations,, are needed and ensure that any needed changes are made promptly. If a change of placement is considered, Section 504 or IEP services must be provided in an educational setting with persons who do not have disabilities to the maximum extent appropriate to the needs of the student with a disability. Parental Notification Founded complaints: Parents/guardians of the Complainant and Respondent(s) shall be notified in writing, and the following steps shall be taken by the Principal/Bullying Designee or Compliance Officer/Title IX Coordinator: 1. The parent/guardian(s) of the Complainant will be informed of the specific steps that the school will take to intervene in the reported behavior(s), monitor future conduct, and protect the Complainant from reprisal or retaliation. Page 7 of 10

Effective: 2. The parent/guardian(s) of the Complainant and the Respondent will be invited to participate in the development of an intervention plan for their respective child, when appropriate, and provided a copy of that plan if one is created . Each intervention plan must also be documented in the Infinite Campus Student Information System 3. The parent/guardian of the student Respondent will be informed of any proposed consequences as stipulated in the Code of Conduct. Unfounded complaints: Parents/guardians of the Complainant and Respondent(s) shall be notified in writing of the type of incident that occurred as well as the specific steps that the school will take, regarding their child, to address the complaint and monitor future interactions. This communication will notify the parent/guardian of the basis for the District’s decision (i.e. mutual conflict) and the availability of an appeal process. This notification shall also encourage ongoing communication with District staff.

District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy determines that the Respondent engaged in conduct that constitutes a violation of Policy 103 - Nondiscrimination in School and Classroom Practices, Policy 248 - Harassment of Students, Policy 249 - Bullying/Cyberbullying, or another Board policy, the District shall take prompt, corrective action to ensure that such conduct ceases and effective steps reasonably calculated to end the bullying, harassment, or discrimination; eliminate any hostile environment; remedy the discriminatory effect on the Complainant; and prevent the behavior from recurring. The district shall take steps to prevent the recurrence of prohibited conduct and to correct the discriminatory effect on the complainant and others, if appropriate. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant.[17]

Disciplinary actions shall be consistent with the Code of Student Conduct, SRC policies and administrative procedures, applicable collective bargaining agreements, and state and federal laws, and may include educational activities and/or counseling services. If it is concluded that a student has knowingly made a false complaint under this policy, such student shall be subject to disciplinary action. Behavioral Interventions/Supportive Measures Schools must provide intervention and support to Complainants, Respondents, and/or witnesses to address acts of bullying, harassment, or discrimination. Possible interventions include, but are not limited to, the following actions: 1. Parent/student conferences; 2. Offer of one-to-one counseling with appropriate professional staff; 3. Behavioral supports, such as Functional Behavioral Assessments, check in/check out, and Positive Behavior Support Plans; 4. Increased adult supervision in hot spot areas and during transition times (e.g.

admission and dismissal, classroom changes, lunch, recess); Page 8 of 10

Effective: 5. Social skills training, including role playing; 6. Positive incentives and reinforcements for appropriate or improved behavior; 7. Development of a safety plan for the Complainant; and 8. Daily report. Disciplinary Action While all founded incidents of bullying, harassment, or discrimination require intervention, some incidents may require disciplinary action/consequences for the Respondent(s). Appropriate disciplinary action/consequences for persons engaging in acts of bullying, harassment, or discrimination; for persons engaged in reprisal or retaliation; and for persons found to have made false accusations should be applied, when appropriate, after the investigation has determined that such an offense has occurred. The disciplinary action/consequences may vary depending on the severity of the bullying, harassment, or discrimination. A range of disciplinary actions/consequences are set forth in the Code of

Conduct, Employee Code of Ethics,5 Collective Bargaining Agreement, or applicable Board policy. Appeal Procedure If the Complainant or Respondent is not satisfied with the finding of no violation of the policy or with the recommended corrective action the investigation, , s/he may submit a written appeal may be filed using the appeal form to the Compliance Officer within fifteen (15) days. The appeal form must be received by the Office of Student Rights and Responsibilities within fifteen (15) calendar days of the date of the decision. The appeal will be conducted in an impartial manner by an impartial decision-maker in that office. Information about the appeal process, including the required appeal form, is available on the Office of Student Rights and Responsibilities’ webpage.6 1. The Compliance Officer shall review the investigation and the investigative report and may also conduct a reasonable investigation.

2. The Compliance Officer shall prepare a written response to the appeal within fifteen (15) days. Copies of the response shall be provided to the complainant, the accused and the building principal who conducted the initial investigation. Central Office Support In the event that the District fails to investigate a complaint, or a parent/guardian has not received notification of the outcome of an investigation, or if the reported conduct continues after an investigation has concluded, support may be requested by calling the Office of Family and Community Engagement (“FACE”) at 1-215-400-SAFE. FACE will notify the District's Compliance Officer/Title IX Coordinator who will address the concern. Parents/guardians may also email bullying@philasd.org or antiharassment@philasd.org. 6 The Office of Student Rights and Responsibilities’ webpage is available at https://www.philasd.org/studentrights/ 5 The Employee Code of Ethics (attachment to Policy 300) is available at

https://www.philasd.org/schoolboard/policies/ Page 9 of 10

Effective: Exceptions to our policy of always prioritizing educational continuity may be considered as a last resort where all other options have been expended. Data Reporting regarding Bullying Complaints The Office of Student Support Services will post on its website annually the number of bullying and harassment complaints filed as well as the number of complaints found to constitute bullying or harassment by school or network. Maintenance Schedule These procedures originate with the Office of Student Support Services. Regular updating of these procedures will be accomplished, as needed. Page 10 of 10

Effective: Administrative Procedure B: Title IX Sexual Harassment (Attachment for Policies 248 and 348) _____________________________________________________________________________ The Title IX sexual harassment procedures and grievance process for formal complaints prescribed in this document apply only when the Compliance Officer/Title IX Coordinator or Employee Title IX Coordinator determines that a report or complaint includes allegations of Title IX sexual harassment subject to Title IX regulations. All other reports or complaints of discrimination, harassment, or retaliation, other than Title IX sexual harassment, shall follow the complaint process established in the relevant policy and its administrative procedures and its administrative procedures. [1][2][3][4][5] _________________________________________________________________________ Purpose The School District of Philadelphia (“District”) is committed to maintaining schools that are

spaces with inclusive climates and that support the social, emotional, and mental health of all students and staff. The purpose of these procedures is to maintain an educational environment in which Title IX sexual harassment, which is a form of discrimination, is not tolerated and to establish procedures for handling reports of Title IX sexual harassment. Definitions For purposes of these procedures, terms are defined as follows: Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to the District’s Compliance Officer/Title IX Coordinator or to any employee, other than the Respondent. Complainant: Any individual who is alleged to be the victim of Title IX sexual harassment. Disciplinary transfer: Transfer of student made pursuant to a disciplinary hearing or recommendation of the Decision-maker pursuant to the Title IX grievance procedure. Exculpatory evidence: Evidence tending to exonerate the Respondent or help to establish their innocence.