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4028

Substitute Teachers

 

A substitute teacher is an educator who possesses the required certification from the Nebraska Department of Education and is employed to fill a teaching position on a temporary basis.  The board shall establish the pay and benefits for substitute teachers.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4029

Salary Schedule for Certificated Employees

 

The board of education recognizes the "salary schedule" and related provisions for compensation currently in effect resulting from negotiations between the board and the education association.  This policy is intended to supplement the terms and conditions contained in the collective bargaining agreement.  If there is any conflict between the terms of this policy and the collective bargaining agreement, the terms of the negotiated agreement shall control. 

 

Horizontal Advancement.  Teachers who wish to advance horizontally on the salary schedule must notify the superintendent in writing prior to June 1 of the preceding school year.  The teacher must furnish the superintendent with college transcripts by September 1 for the teacher to qualify to move horizontally on the salary schedule.  If an institution will not issue an official transcript by September 1, the teacher must provide the superintendent with written confirmation by September 1 from a college official attesting that the teacher has satisfactorily completed the courses.

 

Movement Past the BA+18 Column.  Teachers who wish to advance beyond the BA column must be accepted in a Masters Program that relates to their teaching field, as determined by the superintendent.  Teachers must inform the superintendent of their enrollment prior to the beginning of their class to discuss its work-related objectives. 

 

Movement Past the MA Column.  Teachers who wish to advance beyond the MA column must be enrolled in course work that relates to their teaching field, as determined by the superintendent.  Teachers must inform the superintendent of their enrollment prior to the beginning of their class to discuss its work-related objectives. 

 

Superintendent’s Review.  The superintendent shall review all requests for advancement on the salary schedule resulting from a teacher’s acquiring additional teaching experience or for completion of college courses, and shall report all changes to the board of education annually.

 

Vertical Advancement.  A teacher may advance only one step vertically on the schedule in any year.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4030/4031

Personnel Evaluation

 

1.  The board recognizes that the teaching process is an extremely complex one, and that the appraisal of this process is a difficult and technical function.   But because it is universally accepted that good teaching is the most important element in a sound educational program, teacher appraisal must be done.

 

     Appraisal of teaching service should serve three purposes:

    

        A.   To aid the individual teacher to grow professionally.

 

        B.   To support decisions the district makes relative to continued employment.

 

        C.   To raise the quality of instruction and educational services to the children of our community.

 

2.  The board delegates to the professional staff the responsibility of developing, organizing and implementing a system-wide program for evaluating the instructional process in compliance with 79-828 as one means to insure quality control of instruction: provided however, that nothing in this paragraph shall be construed as limiting the right of a probationary teacher or administrator under 79-828.

 

3.  All certificated employees to be evaluated shall be notified annually in writing. A certified administrator, with the exception of the local board of education when it is evaluating the superintendent, will observe and evaluate each probationary certified employee for a full instructional period once each semester and each permanent certificated employee for a full instructional period once each school year.  If the probationary certificated employee is a superintendent, he or she shall be evaluated twice during the first year of employment and at least once annually thereafter.  The evaluation will include, but not be limited to evaluating the employee’s instructional performance, classroom organization and management, personal conduct, and professional conduct.  Evaluation of instructional performance and classroom organization and management is applicable to teachers only.  The administrator will provide the employee with a written list of deficiencies, suggestions and a timeline for correcting the deficiencies and improving performance, and sufficient time to improve.  The evaluation form will include notice that the employee may respond to the evaluation in writing.

 

     The school district will train administrators in evaluation annually through meetings with the superintendent or other administrator, attendance at regional, state or national workshops, or any other method approved by the superintendent.

 

     For the purposes of this policy, the terms “actual classroom observation” and “entire instructional period” are defined as follows:

 

         Entire Instructional Period.  For certificated employees whose classes are held during defined periods of time (e.g., senior high classes), an entire instructional period consists of one such time period.  For those whose time periods are not so defined (e.g., elementary classroom teachers), an entire instructional period consists of 50, but not less than 30 minutes.  The instructional period for those whose work does not necessarily involve continuous instruction for 30 minute periods (e.g., librarians or speech therapists) consists of no less than 30 minutes total during the semester.  The entire instructional period for administrators cannot be defined in terms of an instructional period and shall be satisfied by the actual observation of an administrator’s work during the semester for no less than 30 minutes.

 

 

 

Personnel Evaluation

 

Actual Classroom Observation.  Actual classroom observation consists of observing the certificated employee in any activities in a classroom setting.  When a certificated employee does not have classroom responsibility (e.g., administrators or librarians),  the requirement of “actual classroom observation” will be satisfied by observing the certificated employee performing activities that are typical of his or her position.

 

This policy and the evaluation instrument shall be included in the teacher handbook which will be distributed to staff members upon their employment and annually thereafter.

 

Appraisal of certificated staff shall be based on the following criteria which are necessary in order that each such employee be able to optimally help each student realize the objectives of the school district:

 

         A.      Competencies related to personal qualities.

 

         B.      Competencies related to classroom management skills.

 

         C.      Competencies related to instructional skills.

 

         D.      Evidence of professional preparation and commitment.

 

         E.      Evidence of effort toward professional growth or improvement.

 

         F.      Competencies in handling student discipline and attendance problems.

 

         G.      Competencies in the act of teaching each student.

 

         H.      Competencies in the knowledge of subject matter.

 

         I.       Competencies in teacher/staff relationships.

 

         J.       Competencies in community/school relationships.

 

K.      Competencies in the utilization of skills associated with the Instructional Theory Into Practice model of effective teaching.       

 

The appraisal of the certificated staff shall be on board approved forms and shall be developed collectively by teachers and administrators.

 

Probationary certificated staff members will be evaluated (visitation) at least once each semester for a minimum period of 50 consecutive minutes, while tenured certificated staff members will be evaluated (visitation) annually for a minimum of 30 consecutive minutes. All teachers will be evaluated (visitation) a minimum of five times annually with the formal walkthrough process.

 

The appraisal process will provide the certificated employee the space and opportunity to respond in writing to the information recorded on the evaluation forms.

 

The appraiser shall hold a Nebraska Administrative Certificate.

 

The evaluation process will allow for the written identification of deficiencies, strategies to be utilized and a timeline to be followed in bringing desired improvements in the teacher’s performance.

 

The process and forms used in evaluating teacher performance shall be approved by the board of education.

 

All policies, administrative rules and regulations, and forms used to document teacher evaluation shall be published and presented annually to each certificated employee in the faculty handbook.      

All monitoring or observations of the work performance of a teacher shall, in addition to the conference required under 79-828 for probationary teachers, be discussed at the time of a conference with the principal to be scheduled within 10 school days after the evaluation session.  The teacher shall have the opportunity to submit any additional information relating to, or disagreement with the evaluation report to the principal within 5 working days of the conference.

 

A copy of the formal evaluation will be transmitted to the teacher involved and one copy will be placed in the personnel/evaluation file of the teacher involved.

 

 

 

Legal References:        

 

 

 

 

Policy Adopted     :        02/04/78    FULLERTON PUBLIC SCHOOLS

Policy Revised:             01/11/82    FULLERTON, NEBRASKA

Policy Revised:             03/14/83

Policy Revised:             10/14/85

Policy Revised:             12/14/87

Policy Revised:             04/14/08

Policy Revised:             02/12/18

Policy Revised:             08/13/18

 

 

4032

Professional Growth

 

         Every six years, permanent certificated employees shall give evidence of professional growth.  Six semester hours of college credit shall be accepted as evidence of professional growth. 

 

         The board of education believes the goal of professional self-improvement to be inherent in the responsibilities of each certificated district employee. 

 

         Other professional growth activities which may count toward the six-year requirement include non-credit courses, lecture series, workshops, conferences, study groups, local in-service courses, committee service, supervising a student teacher, serving with professional groups, travel of significant educational value, and membership in professional organizations.  The employee must receive prior approval from the building principal for any of these activities to count toward professional growth.

 

         No professional growth units will be awarded if the applicant has been paid for a non-college activity either by released time or by an additional amount paid by the school district.

 

One unit of professional growth credit will generally be equivalent to ten hours of personal time spent on an educational activity.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4034

Staff Handbook

 

The superintendent or designee shall annually formulate, review and revise a staff handbook that will contain information about the district’s employment policies and practices.  The staff handbook is an extension of these policies and has the force and effect of board policy when approved by the board of education.

 

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4037

Reduction In Force

 

The board of education may determine that a reduction in force of certificated staff members is appropriate due to declining enrollment in a grade or grades, changes in financial support, changes in curricular programs, a decline in the taxable value of property located within the school district, increased costs of operating the school district, or another change or changes in circumstances.  If the board, in its sole discretion, determines that a reduction of certificated staff is necessary, the superintendent shall notify those employees whose contracts may be reduced.  However, the employment of a permanent employee may not be terminated through a reduction in force while a probationary employee is retained to render a service that the permanent employee is qualified to perform by reason of certification and endorsement, or when certification is not applicable, by reason of college credits in the teaching area. 

 

 

 

1. Definition of Reduction in Force.  A reduction in force shall consist of a reduction of one or more positions or a reduction in the percentage of employment of one or more certificated staff members, even if the number of percentage of employment of the certificated staff overall may be increased by other hirings or increases in the percentage of employment of other employees.  Reduction in force may result in the termination of employment or an amendment to an employee’s contract reducing the extent of the employee’s employment.

 

2. Restriction of Right to Administrative Position.  Due to the confidential and unique personal working relationship necessary between the administration and the board of education, a certificated employee who is not currently serving in a predominantly administrative capacity shall have no rights under this policy to any administrative position within the school system.

 

3. Criteria for Reduction in Force.  The criteria set forth below shall be considered in selecting the personnel to be reduced.  The criteria are not listed in any order of priority, and shall be given the weight that the board considers appropriate. 

 

1. 1. Programs to be offered;
   2. Areas of endorsement that are of present or future value to the district. This criterion shall be based upon the endorsement(s) shown on each teacher’s Nebraska Teaching Certificate;
   3. State and federal laws or regulations that may mandate certain employment practices;
   4. Involvement in the programs and activities sponsored by the school district; 
   5. Special or advanced training consisting of college credit or other training that would be of present or future value to the district;
   6. The organizational and educational effect caused by multiple part-time certificated employees;
   7. Formal and informal evaluation of staff performance by supervising administrators and if evaluations will be used as a criterion for a given reduction-in-force, the evaluation procedures shall be those adopted by board policy in effect at the time of the reduction and the evaluation forms shall be those on file with the Nebraska Department of Education for the district;
   8. Any other reasons that are rationally related to the instruction in or administration of the school district.

 

4. Consideration of Uninterrupted Service.  If, after consideration of the criteria listed above, it is the opinion of the superintendent that there is no significant difference between or among certificated employees being considered for reduction, the employee(s) with the longest uninterrupted service to the district shall be retained.

 

1. 1. Uninterrupted length of service is defined as the number of continuous full-time equivalent years of employment in the district as a teacher. 
   2. A full-time equivalent year is defined as employment on a full-time basis for an entire school year. 
   3. Less than full-time employment reduces the teacher’s full-time equivalent employment for a school year.  For example, a teacher employed on a half-time basis would be credited with half a year full-time equivalent employment. 
   4. A break in service will terminate a teacher’s seniority and length of service under this provision.  That period of time when a teacher is on a leave of absence shall not constitute a break in service; however, any years of absences or fractions of years of leave of absence will not count as years of employment for the purposes of determining the length of a teacher’s uninterrupted service. 

 

5. Rights of Recall.  
   1. Any certificated employee whose contract has been terminated shall be considered to have been dismissed with honor and shall, upon request, be provided a letter to that effect. 
   2. Such employee shall have preferred rights to re-employment for a period of 24 months commencing at the end of the contract year, and the employee shall be recalled on the basis of length of service to the district to any position that he or she is qualified to teach by endorsement or college preparation. 
   3. Upon re-employment, a recalled employee shall be placed on the salary schedule and provided fringe benefits based on existing district policies and the current negotiated agreement.  Any year of years of absence from employment shall not be considered as a year or years of employment by the district. 
   4. An employee under contract to another education institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.

 

6. Current Teaching Certificate. 
   1. Upon initial employment with the district, each certificated employee shall file a copy of his or her teaching certificate, including endorsements with the superintendent of schools.
   2. The employee shall be responsible for filing any changes in certification or endorsements with the superintendent.

 

7. Address Records. 
   1. A certificated employee whose employment contract has been terminated because of a reduction in force shall, during the period which he or she is eligible for recall, be responsible for reporting any change of address to the superintendent of schools.
   2. If there is a vacancy to which a former employee has a right of recall, the district may communicate an offer of re-employment by telephone, by e-mail, or by United States mail sent to the former employee’s last known address.  If the school district does not receive written acceptance of the offer within seven days, the former employee shall be deemed to have waived his or her rights to be recalled to the employment position.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4038

Classified Staff Defined

 

The term “classified staff” means all employees other than certificated teachers and administrators.  Classified staff employees are employed at will, and their employment may be amended or terminated at any time and without any cause.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4039

Employment of Classified Staff

 

The superintendent or designee shall hire classified staff to meet personnel needs consistent with the district’s budget, instructional needs, and non-instructional operations.  The superintendent or designee may, but is not required to, conduct a criminal background check on any classified staff applicant, provided that such check shall occur only after the school district has determined that the applicant meets the minimum employment qualifications.  This policy shall not prevent the school district from requiring an applicant to disclose his or her criminal record or history relating to sexual or physical abuse prior to any minimum employment qualification determination. 

 

The superintendent or designee shall discipline and discharge classified staff as appropriate.   

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4042

Employee Social Security Numbers

 

         Nebraska law prohibits employers from using or publishing an employee’s social security number except under certain specified circumstances.  This district shall comply with this law and take reasonable steps to protect the confidentiality of employees’ social security numbers.  However, neither state law nor this policy prohibits the district from using the last four digits of an employee’s social security number as an employee identification number or in any other reasonable manner.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4043

Professional Boundaries and Appropriate Relationships Between Employees and Students

 

School district employees and student teachers or interns (“employees”) are responsible for conducting themselves professionally and for teaching and modeling high standards of behavior and civic values, both at and away from school.  Employees are required to establish and maintain professional boundaries with students and must have appropriate relationships with students.  They may be friendly with students, but they are the students’ teachers, not their friends, and they must take care to see that this line does not become blurred.  This applies to employees’ conduct and interactions with students and to material they post on personal web sites and other social networking sites including, but not limited to, Instagram, Facebook, and Twitter.  The posting or publication of messages or pictures or other images that diminish an employee’s professionalism or ability to maintain the respect of students and parents may impair his or her ability to be an effective employee.  Employees are expected to behave at all times in a manner supportive of the best interests of students.

 

Sexual Relationships Prohibited.  Employees are prohibited from engaging in any relationship that involves sexual contact or sexual penetration with a student while the student is a current student and for a minimum of one year after the date of the student's graduation or the date the student otherwise ceases enrollment.  Sexual contact has the same meaning as in section 28-318, and sexual penetration has the same meaning as in section 28-318.

 

Grooming Prohibited.  Employees are prohibited from engaging in grooming with students.  Grooming means building trust with a student and individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place. 

 

Unless an employee can clearly and convincingly demonstrate a legitimate educational purpose, grooming behaviors and related conduct that are a violation of this policy include, but are not limited to:  

 

• Communicating about sex when the discussion is not required by a specific aspect of the curriculum.
• Joking about matters involving sex, using double entendre or making suggestive remarks of a sexual nature.
• Displaying sexually inappropriate material or objects.
• Making any sexual advance, whether written, verbal, or physical or engaging in any activity of a sexual or romantic nature.
• Kissing of any kind.
• Dating a student or a former student within one year of the student graduating or otherwise leaving the district.
• Intruding on a student’s personal space (e.g. by touching unnecessarily, moving too close, staring at a portion of the student’s body, or engaging in other behavior that makes the student uncomfortable).
• Initiating unwanted physical contact with a student.
• Communicating electronically (e.g. by e-mail, text messaging, or through social media) on a matter that does not pertain to school. 
• Playing favorites or permitting a specific student to engage in conduct that is not tolerated from other students.
• Discussing the employee’s personal issues or problems that should normally be discussed with adults.
• Giving a student a gift of a personal nature.
• Giving a student a ride in the employee’s vehicle without first obtaining the express permission of the student’s parents or a school administrator.
• Taking a student on an outing without first obtaining the express permission of the student’s parents or a school administrator.
• Inviting a student to the employee’s residence without first obtaining the express permission of the student’s parents and a school administrator.
• Going to a student’s home when the student’s parent or a proper chaperone is not present.
• Repeatedly seeking to be alone with a student.
• Being alone in a room with an individual student at school with the door closed.
• Any after-school hours activity with only one student.
• Any other behavior which exploits the special position of trust and authority between an employee and student.

 

This list is not exhaustive.  Any behavior which exploits a student is unacceptable.  If in doubt, ask yourself, “Would I be doing this if my family or colleagues were standing next to me?”

 

Communication Between Employees and Students.  The preferred methods for employees to communicate with students are in person, school e-mail accounts, and other preferred modes of communication (example -Remind). 

 

Employee communications with students through a communication system generally are to be sent simultaneously to multiple recipients and not just to one student.  The burden to demonstrate the appropriateness of a communication with a student only shall rest with the employee. 

 

Reporting a Policy Violation.  Anyone may report suspected grooming, other unacceptable employee conduct, or any violation of this policy as follows:

 

School District.  Reports may be made to a principal, the superintendent, or the Title IX Coordinator in person, by mail, by telephone, or email.  

 

Nebraska Department of Education.  Reports may be made at: Nebraska Department of Education, Attn: Certification Investigations’ Office, P.O. Box 94933, Lincoln NE 68509 or Nde.investigations@nebraska.gov.

 

Nebraska Department of Health and Human Services.  Reports may be made by calling the Child Abuse and Neglect Hotline at (800) 652-1999.

 

Law Enforcement.  Reports may be made to the county sheriff or the Nebraska State Patrol.

 

An employee is required to make a report to a principal or the superintendent if the employee reasonably believes that another employee has violated or may have violated this policy.  Minor concerns or violations shall be reported within 24 hours.  Major concerns or violations shall be reported immediately.  Violations committed by or concerns about the superintendent shall be reported to the school board president. 

 

A student who feels his or her boundaries have been violated should directly inform the offender that the conduct or communication is offensive and must stop.  If the student does not wish to communicate directly with the offender or if direct communication has been ineffective, the student should report the conduct or communication to a teacher, administrator, counselor, the Title IX coordinator, or other school employee with whom she or he feels comfortable. 

 

         Retaliation Prohibited.  Retaliation for good faith reports or complaints made as a result of this policy is prohibited.  Individuals who knowingly and intentionally make a false report shall be subject to discipline as provided by district policy and state law.

 

Policy Violations.  Any violation of this policy by an employee may result in disciplinary action up to and including dismissal from employment and/or referral to the Nebraska Department of Education, which may result in the suspension or revocation of the employee's certificate.  Any violation involving sexual or other abuse will result in referral to the Nebraska Department of Health and Human Services, law enforcement, or both.

 

Policy Verification.   Employees shall verify that they have received, reviewed, and understood this policy by signing an acknowledgment document indicating the same. 

 

No Limits on Reports to NDE.  Nothing in this policy shall be construed to limit any certificated employee's duty to report any known violation of the standards of professional practices (Title 92, Nebraska Administrative Code, Chapter 27, commonly known as Rule 27) adopted by the Nebraska Board of Education.

 

Adopted on: ___10/14/19______

Revised on: ___11/9/20_____

Reviewed on: ______________

 

 

 

4043

Professional Boundaries and Appropriate Relationships Between Employees and Students

 

School district employees and student teachers or interns (“employees”) are responsible for conducting themselves professionally and for teaching and modeling high standards of behavior and civic values, both at and away from school.  Employees are required to establish and maintain professional boundaries with students and must have appropriate relationships with students.  They may be friendly with students, but they are the students’ teachers, not their friends, and they must take care to see that this line does not become blurred.  This applies to employees’ conduct and interactions with students and to material they post on personal web sites and other social networking sites including, but not limited to, Instagram, Facebook, and Twitter.  The posting or publication of messages or pictures or other images that diminish an employee’s professionalism or ability to maintain the respect of students and parents may impair his or her ability to be an effective employee.  Employees are expected to behave at all times in a manner supportive of the best interests of students.

 

Sexual Relationships Prohibited.  Employees are prohibited from engaging in any relationship that involves sexual contact or sexual penetration with a student while the student is a current student and for a minimum of one year after the date of the student's graduation or the date the student otherwise ceases enrollment.  Sexual contact has the same meaning as in section 28-318, and sexual penetration has the same meaning as in section 28-318.

 

Grooming Prohibited.  Employees are prohibited from engaging in grooming with students.  Grooming means building trust with a student and individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place. 

 

Unless an employee can clearly and convincingly demonstrate a legitimate educational purpose, grooming behaviors and related conduct that are a violation of this policy include, but are not limited to:  

 

• Communicating about sex when the discussion is not required by a specific aspect of the curriculum.
• Joking about matters involving sex, using double entendre or making suggestive remarks of a sexual nature.
• Displaying sexually inappropriate material or objects.
• Making any sexual advance, whether written, verbal, or physical or engaging in any activity of a sexual or romantic nature.
• Kissing of any kind.
• Dating a student or a former student within one year of the student graduating or otherwise leaving the district.
• Intruding on a student’s personal space (e.g. by touching unnecessarily, moving too close, staring at a portion of the student’s body, or engaging in other behavior that makes the student uncomfortable).
• Initiating unwanted physical contact with a student.
• Communicating electronically (e.g. by e-mail, text messaging, or through social media) on a matter that does not pertain to school. 
• Playing favorites or permitting a specific student to engage in conduct that is not tolerated from other students.
• Discussing the employee’s personal issues or problems that should normally be discussed with adults.
• Giving a student a gift of a personal nature.
• Giving a student a ride in the employee’s vehicle without first obtaining the express permission of the student’s parents or a school administrator.
• Taking a student on an outing without first obtaining the express permission of the student’s parents or a school administrator.
• Inviting a student to the employee’s residence without first obtaining the express permission of the student’s parents and a school administrator.
• Going to a student’s home when the student’s parent or a proper chaperone is not present.
• Repeatedly seeking to be alone with a student.
• Being alone in a room with an individual student at school with the door closed.
• Any after-school hours activity with only one student.
• Any other behavior which exploits the special position of trust and authority between an employee and student.

 

This list is not exhaustive.  Any behavior which exploits a student is unacceptable.  If in doubt, ask yourself, “Would I be doing this if my family or colleagues were standing next to me?”

 

Communication Between Employees and Students.  The preferred methods for employees to communicate with students are in person, school e-mail accounts, and other preferred modes of communication (example -Remind). 

 

Employee communications with students through a communication system generally are to be sent simultaneously to multiple recipients and not just to one student.  The burden to demonstrate the appropriateness of a communication with a student only shall rest with the employee. 

 

Reporting a Policy Violation.  Anyone may report suspected grooming, other unacceptable employee conduct, or any violation of this policy as follows:

 

School District.  Reports may be made to a principal, the superintendent, or the Title IX Coordinator in person, by mail, by telephone, or email.  

 

Nebraska Department of Education.  Reports may be made at: Nebraska Department of Education, Attn: Certification Investigations’ Office, P.O. Box 94933, Lincoln NE 68509 or Nde.investigations@nebraska.gov.

 

Nebraska Department of Health and Human Services.  Reports may be made by calling the Child Abuse and Neglect Hotline at (800) 652-1999.

 

Law Enforcement.  Reports may be made to the county sheriff or the Nebraska State Patrol.

 

An employee is required to make a report to a principal or the superintendent if the employee reasonably believes that another employee has violated or may have violated this policy.  Minor concerns or violations shall be reported within 24 hours.  Major concerns or violations shall be reported immediately.  Violations committed by or concerns about the superintendent shall be reported to the school board president. 

 

A student who feels his or her boundaries have been violated should directly inform the offender that the conduct or communication is offensive and must stop.  If the student does not wish to communicate directly with the offender or if direct communication has been ineffective, the student should report the conduct or communication to a teacher, administrator, counselor, the Title IX coordinator, or other school employee with whom she or he feels comfortable. 

 

         Retaliation Prohibited.  Retaliation for good faith reports or complaints made as a result of this policy is prohibited.  Individuals who knowingly and intentionally make a false report shall be subject to discipline as provided by district policy and state law.

 

Policy Violations.  Any violation of this policy by an employee may result in disciplinary action up to and including dismissal from employment and/or referral to the Nebraska Department of Education, which may result in the suspension or revocation of the employee's certificate.  Any violation involving sexual or other abuse will result in referral to the Nebraska Department of Health and Human Services, law enforcement, or both.

 

Policy Verification.   Employees shall verify that they have received, reviewed, and understood this policy by signing an acknowledgment document indicating the same. 

 

No Limits on Reports to NDE.  Nothing in this policy shall be construed to limit any certificated employee's duty to report any known violation of the standards of professional practices (Title 92, Nebraska Administrative Code, Chapter 27, commonly known as Rule 27) adopted by the Nebraska Board of Education.

 

Adopted on: ___10/14/19______

Revised on: ___11/9/20_____

Reviewed on: ______________

 

 

 

4043

Professional Boundaries and Appropriate Relationships Between Employees and Students

 

School district employees and student teachers or interns (“employees”) are responsible for conducting themselves professionally and for teaching and modeling high standards of behavior and civic values, both at and away from school.  Employees are required to establish and maintain professional boundaries with students and must have appropriate relationships with students.  They may be friendly with students, but they are the students’ teachers, not their friends, and they must take care to see that this line does not become blurred.  This applies to employees’ conduct and interactions with students and to material they post on personal web sites and other social networking sites including, but not limited to, Instagram, Facebook, and Twitter.  The posting or publication of messages or pictures or other images that diminish an employee’s professionalism or ability to maintain the respect of students and parents may impair his or her ability to be an effective employee.  Employees are expected to behave at all times in a manner supportive of the best interests of students.

 

Sexual Relationships Prohibited.  Employees are prohibited from engaging in any relationship that involves sexual contact or sexual penetration with a student while the student is a current student and for a minimum of one year after the date of the student's graduation or the date the student otherwise ceases enrollment.  Sexual contact has the same meaning as in section 28-318, and sexual penetration has the same meaning as in section 28-318.

 

Grooming Prohibited.  Employees are prohibited from engaging in grooming with students.  Grooming means building trust with a student and individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place. 

 

Unless an employee can clearly and convincingly demonstrate a legitimate educational purpose, grooming behaviors and related conduct that are a violation of this policy include, but are not limited to:  

 

• Communicating about sex when the discussion is not required by a specific aspect of the curriculum.
• Joking about matters involving sex, using double entendre or making suggestive remarks of a sexual nature.
• Displaying sexually inappropriate material or objects.
• Making any sexual advance, whether written, verbal, or physical or engaging in any activity of a sexual or romantic nature.
• Kissing of any kind.
• Dating a student or a former student within one year of the student graduating or otherwise leaving the district.
• Intruding on a student’s personal space (e.g. by touching unnecessarily, moving too close, staring at a portion of the student’s body, or engaging in other behavior that makes the student uncomfortable).
• Initiating unwanted physical contact with a student.
• Communicating electronically (e.g. by e-mail, text messaging, or through social media) on a matter that does not pertain to school. 
• Playing favorites or permitting a specific student to engage in conduct that is not tolerated from other students.
• Discussing the employee’s personal issues or problems that should normally be discussed with adults.
• Giving a student a gift of a personal nature.
• Giving a student a ride in the employee’s vehicle without first obtaining the express permission of the student’s parents or a school administrator.
• Taking a student on an outing without first obtaining the express permission of the student’s parents or a school administrator.
• Inviting a student to the employee’s residence without first obtaining the express permission of the student’s parents and a school administrator.
• Going to a student’s home when the student’s parent or a proper chaperone is not present.
• Repeatedly seeking to be alone with a student.
• Being alone in a room with an individual student at school with the door closed.
• Any after-school hours activity with only one student.
• Any other behavior which exploits the special position of trust and authority between an employee and student.

 

This list is not exhaustive.  Any behavior which exploits a student is unacceptable.  If in doubt, ask yourself, “Would I be doing this if my family or colleagues were standing next to me?”

 

Communication Between Employees and Students.  The preferred methods for employees to communicate with students are in person, school e-mail accounts, and other preferred modes of communication (example -Remind). 

 

Employee communications with students through a communication system generally are to be sent simultaneously to multiple recipients and not just to one student.  The burden to demonstrate the appropriateness of a communication with a student only shall rest with the employee. 

 

Reporting a Policy Violation.  Anyone may report suspected grooming, other unacceptable employee conduct, or any violation of this policy as follows:

 

School District.  Reports may be made to a principal, the superintendent, or the Title IX Coordinator in person, by mail, by telephone, or email.  

 

Nebraska Department of Education.  Reports may be made at: Nebraska Department of Education, Attn: Certification Investigations’ Office, P.O. Box 94933, Lincoln NE 68509 or Nde.investigations@nebraska.gov.

 

Nebraska Department of Health and Human Services.  Reports may be made by calling the Child Abuse and Neglect Hotline at (800) 652-1999.

 

Law Enforcement.  Reports may be made to the county sheriff or the Nebraska State Patrol.

 

An employee is required to make a report to a principal or the superintendent if the employee reasonably believes that another employee has violated or may have violated this policy.  Minor concerns or violations shall be reported within 24 hours.  Major concerns or violations shall be reported immediately.  Violations committed by or concerns about the superintendent shall be reported to the school board president. 

 

A student who feels his or her boundaries have been violated should directly inform the offender that the conduct or communication is offensive and must stop.  If the student does not wish to communicate directly with the offender or if direct communication has been ineffective, the student should report the conduct or communication to a teacher, administrator, counselor, the Title IX coordinator, or other school employee with whom she or he feels comfortable. 

 

         Retaliation Prohibited.  Retaliation for good faith reports or complaints made as a result of this policy is prohibited.  Individuals who knowingly and intentionally make a false report shall be subject to discipline as provided by district policy and state law.

 

Policy Violations.  Any violation of this policy by an employee may result in disciplinary action up to and including dismissal from employment and/or referral to the Nebraska Department of Education, which may result in the suspension or revocation of the employee's certificate.  Any violation involving sexual or other abuse will result in referral to the Nebraska Department of Health and Human Services, law enforcement, or both.

 

Policy Verification.   Employees shall verify that they have received, reviewed, and understood this policy by signing an acknowledgment document indicating the same. 

 

No Limits on Reports to NDE.  Nothing in this policy shall be construed to limit any certificated employee's duty to report any known violation of the standards of professional practices (Title 92, Nebraska Administrative Code, Chapter 27, commonly known as Rule 27) adopted by the Nebraska Board of Education.

 

Adopted on: ___10/14/19______

Revised on: ___11/9/20_____

Reviewed on: ______________

 

 

 

4043

Professional Boundaries and Appropriate Relationships Between Employees and Students

 

School district employees and student teachers or interns (“employees”) are responsible for conducting themselves professionally and for teaching and modeling high standards of behavior and civic values, both at and away from school.  Employees are required to establish and maintain professional boundaries with students and must have appropriate relationships with students.  They may be friendly with students, but they are the students’ teachers, not their friends, and they must take care to see that this line does not become blurred.  This applies to employees’ conduct and interactions with students and to material they post on personal web sites and other social networking sites including, but not limited to, Instagram, Facebook, and Twitter.  The posting or publication of messages or pictures or other images that diminish an employee’s professionalism or ability to maintain the respect of students and parents may impair his or her ability to be an effective employee.  Employees are expected to behave at all times in a manner supportive of the best interests of students.

 

Sexual Relationships Prohibited.  Employees are prohibited from engaging in any relationship that involves sexual contact or sexual penetration with a student while the student is a current student and for a minimum of one year after the date of the student's graduation or the date the student otherwise ceases enrollment.  Sexual contact has the same meaning as in section 28-318, and sexual penetration has the same meaning as in section 28-318.

 

Grooming Prohibited.  Employees are prohibited from engaging in grooming with students.  Grooming means building trust with a student and individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place. 

 

Unless an employee can clearly and convincingly demonstrate a legitimate educational purpose, grooming behaviors and related conduct that are a violation of this policy include, but are not limited to:  

 

• Communicating about sex when the discussion is not required by a specific aspect of the curriculum.
• Joking about matters involving sex, using double entendre or making suggestive remarks of a sexual nature.
• Displaying sexually inappropriate material or objects.
• Making any sexual advance, whether written, verbal, or physical or engaging in any activity of a sexual or romantic nature.
• Kissing of any kind.
• Dating a student or a former student within one year of the student graduating or otherwise leaving the district.
• Intruding on a student’s personal space (e.g. by touching unnecessarily, moving too close, staring at a portion of the student’s body, or engaging in other behavior that makes the student uncomfortable).
• Initiating unwanted physical contact with a student.
• Communicating electronically (e.g. by e-mail, text messaging, or through social media) on a matter that does not pertain to school. 
• Playing favorites or permitting a specific student to engage in conduct that is not tolerated from other students.
• Discussing the employee’s personal issues or problems that should normally be discussed with adults.
• Giving a student a gift of a personal nature.
• Giving a student a ride in the employee’s vehicle without first obtaining the express permission of the student’s parents or a school administrator.
• Taking a student on an outing without first obtaining the express permission of the student’s parents or a school administrator.
• Inviting a student to the employee’s residence without first obtaining the express permission of the student’s parents and a school administrator.
• Going to a student’s home when the student’s parent or a proper chaperone is not present.
• Repeatedly seeking to be alone with a student.
• Being alone in a room with an individual student at school with the door closed.
• Any after-school hours activity with only one student.
• Any other behavior which exploits the special position of trust and authority between an employee and student.

 

This list is not exhaustive.  Any behavior which exploits a student is unacceptable.  If in doubt, ask yourself, “Would I be doing this if my family or colleagues were standing next to me?”

 

Communication Between Employees and Students.  The preferred methods for employees to communicate with students are in person, school e-mail accounts, and other preferred modes of communication (example -Remind). 

 

Employee communications with students through a communication system generally are to be sent simultaneously to multiple recipients and not just to one student.  The burden to demonstrate the appropriateness of a communication with a student only shall rest with the employee. 

 

Reporting a Policy Violation.  Anyone may report suspected grooming, other unacceptable employee conduct, or any violation of this policy as follows:

 

School District.  Reports may be made to a principal, the superintendent, or the Title IX Coordinator in person, by mail, by telephone, or email.  

 

Nebraska Department of Education.  Reports may be made at: Nebraska Department of Education, Attn: Certification Investigations’ Office, P.O. Box 94933, Lincoln NE 68509 or Nde.investigations@nebraska.gov.

 

Nebraska Department of Health and Human Services.  Reports may be made by calling the Child Abuse and Neglect Hotline at (800) 652-1999.

 

Law Enforcement.  Reports may be made to the county sheriff or the Nebraska State Patrol.

 

An employee is required to make a report to a principal or the superintendent if the employee reasonably believes that another employee has violated or may have violated this policy.  Minor concerns or violations shall be reported within 24 hours.  Major concerns or violations shall be reported immediately.  Violations committed by or concerns about the superintendent shall be reported to the school board president. 

 

A student who feels his or her boundaries have been violated should directly inform the offender that the conduct or communication is offensive and must stop.  If the student does not wish to communicate directly with the offender or if direct communication has been ineffective, the student should report the conduct or communication to a teacher, administrator, counselor, the Title IX coordinator, or other school employee with whom she or he feels comfortable. 

 

         Retaliation Prohibited.  Retaliation for good faith reports or complaints made as a result of this policy is prohibited.  Individuals who knowingly and intentionally make a false report shall be subject to discipline as provided by district policy and state law.

 

Policy Violations.  Any violation of this policy by an employee may result in disciplinary action up to and including dismissal from employment and/or referral to the Nebraska Department of Education, which may result in the suspension or revocation of the employee's certificate.  Any violation involving sexual or other abuse will result in referral to the Nebraska Department of Health and Human Services, law enforcement, or both.

 

Policy Verification.   Employees shall verify that they have received, reviewed, and understood this policy by signing an acknowledgment document indicating the same. 

 

No Limits on Reports to NDE.  Nothing in this policy shall be construed to limit any certificated employee's duty to report any known violation of the standards of professional practices (Title 92, Nebraska Administrative Code, Chapter 27, commonly known as Rule 27) adopted by the Nebraska Board of Education.

 

Adopted on: ___10/14/19______

Revised on: ___11/9/20_____

Reviewed on: ______________

 

 

4045

Milk Expression

 

Except as otherwise provided by law, the district will provide reasonable break time for an employee who wishes to breastfeed or express breast milk for her nursing child each time such employee has the need to do so.  The district will provide a place, other than a bathroom, which is shielded from view and free from intrusion from co-workers and the public.  These accommodations will be provided for one year after the child’s birth, unless otherwise required by law.

 

Adopted on: ___10/14/19______

Revised on: ____7/10/23_____

Reviewed on: ______________

 

4046

                 Internet Searches Regarding Potential Employees

 

Members of the administrative team or of a hiring committee (hereinafter “the committee”) may conduct internet research about job applicants by using the following protocol, except that no criminal history record information check shall be made until the school district has determined that the applicant meets the minimum employment qualifications: 

 

1. The committee may conduct internet searches using candidates’ full names and any aliases.  The committee may also search candidates’ full names and any aliases on Facebook, Instagram, LinkedIn, Twitter, YouTube, and other social networking websites. 

 

2. All applicants or all finalists must have the same research conducted about them.  For example, if the committee conducts a search on Google using the name of one applicant in order to determine whether to include that applicant in the list of finalists, the committee must also conduct an identical search of all applicants’ names. 

 

3. The committee may not use deception to gain access to applicants’ social networking pages, blogs, or other on-line media and will not require applicants for employment to provide the district with their username or password to personal social media accounts.

 

4. The committee must take reasonable steps to verify the reliability of the information obtained in the search, including consulting with the applicant for confirmation of accuracy, if appropriate.

 

5. The committee will consider the following information to be relevant in making hiring decisions about an applicant based on information obtained through internet research:

 

1. 1. Disparaging remarks made about current or former co-workers, supervisors, or employers;

 

1. 2. Discriminatory, harassing, or demeaning behavior or comments;

 

1. 3. Unprofessional, lewd, or obscene behavior or remarks;

 

1. 4. Criminal activity;

 

1. 5. Information which indicates the applicant will or will not be able to perform the essential functions of the position sought; and

 

1. 6. Information which indicates that the applicant is particularly suited or unsuited to the position sought.

 

6. The committee will retain documents to demonstrate its compliance with this policy with other documentation relevant to the job search.

 

 

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4046

                 Internet Searches Regarding Potential Employees

 

Members of the administrative team or of a hiring committee (hereinafter “the committee”) may conduct internet research about job applicants by using the following protocol, except that no criminal history record information check shall be made until the school district has determined that the applicant meets the minimum employment qualifications: 

 

1. The committee may conduct internet searches using candidates’ full names and any aliases.  The committee may also search candidates’ full names and any aliases on Facebook, Instagram, LinkedIn, Twitter, YouTube, and other social networking websites. 

 

2. All applicants or all finalists must have the same research conducted about them.  For example, if the committee conducts a search on Google using the name of one applicant in order to determine whether to include that applicant in the list of finalists, the committee must also conduct an identical search of all applicants’ names. 

 

3. The committee may not use deception to gain access to applicants’ social networking pages, blogs, or other on-line media and will not require applicants for employment to provide the district with their username or password to personal social media accounts.

 

4. The committee must take reasonable steps to verify the reliability of the information obtained in the search, including consulting with the applicant for confirmation of accuracy, if appropriate.

 

5. The committee will consider the following information to be relevant in making hiring decisions about an applicant based on information obtained through internet research:

 

1. 1. Disparaging remarks made about current or former co-workers, supervisors, or employers;

 

1. 2. Discriminatory, harassing, or demeaning behavior or comments;

 

1. 3. Unprofessional, lewd, or obscene behavior or remarks;

 

1. 4. Criminal activity;

 

1. 5. Information which indicates the applicant will or will not be able to perform the essential functions of the position sought; and

 

1. 6. Information which indicates that the applicant is particularly suited or unsuited to the position sought.

 

6. The committee will retain documents to demonstrate its compliance with this policy with other documentation relevant to the job search.

 

 

 

 

 

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4048

Assessment Administration and Security

 

The purpose of all testing and assessments is to measure students’ knowledge, skills or abilities in the area tested.  All staff members are prohibited from engaging in any behavior that adversely affects the validity of test scores as a measure of student achievement. This policy applies to all national, state, and local assessments, including both standardized and general classroom assessments.

 

1. Assessment Responsibilities

 

1. 1. Each building principal, in consultation with the Superintendent and classroom teachers, will be responsible for:

 

• overseeing the scheduling of state administered assessments, training all staff who administer assessments, and ensuring that all assessments, including make-up testing, is completed within required testing windows;

 

• obtaining Standards, Assessment and Accountability Updates from the Department of Education and circulating the relevant portions of those updates to other staff members;

 

• informing the board of education of changes to the Nebraska Student-Centered Assessment System Security Procedures; and  

 

• signing and enforcing the Nebraska Student-Centered Assessment System Security Agreement.

 

1. 2. Every classroom teacher or other staff member who administers assessments is responsible for:

 

• complying with the Nebraska Student-Centered Assessment System Security Procedures;

 

• taking all reasonable and prudent steps to ensure the accuracy and integrity of all academic testing, including statewide assessments; and

 

• ensuring the security of all test materials.

 

2. Security Violations and Cheating

 

1. 1. Classroom assessments

 

Staff members who suspect students of having cheated on a classroom assessment should conduct a reasonable inquiry and impose consequences on the student consistent with classroom rules and the student handbook. 

 

1. 2. State Accountability Tests

 

Staff members who suspect a breach of security on State Accountability Tests, must promptly report their suspicions to the building principal or superintendent.  The superintendent must notify the Department of Education’s Statewide Assessment Office and follow the Department’s protocol for Reporting and Investigating Test Security Violations.

 

Staff members who engage in or enable students to engage in academic dishonesty in any testing or assessment will be subject to discipline up to and including the immediate cancelation of their employment contract. 

 

 

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4050

Overtime and Compensatory Time

 

         Employees who are "non-exempt" under the Fair Labor Standards Act and who work more than 40 hours in a workweek will be paid at the rate of time-and-one-half (1½) times their regular rate of pay for all overtime hours or will be provided compensatory time.  All overtime must be approved in advance by the employee's supervisor.  Scheduled holidays, vacation days, time off for jury duty, and time off for sickness, emergencies or other personal reasons will not be considered hours worked for overtime purposes. 

 

         The district may grant compensatory time in lieu of overtime pay at a rate of one and one-half (1½) hours off for each hour of overtime the employee worked.  Employees may accrue a maximum of 240 hours of compensatory time, which represents 160 hours of actual overtime worked.  When an employee has accrued 240 hours of compensatory time, the district shall pay him/her at the rate of one and one-half (1½) times his/her regular rate of pay for each additional hour of overtime.  An employee who asks to use compensatory time shall be permitted to use it within a reasonable period after the request if its use does not unduly disrupt the district’s operations.

                                   

         Upon termination of employment, an employee shall be paid for unused compensatory time at a rate of compensation not less than: (1) the average regular hourly rate paid to the employee during the last three years of his/her employment, or (2) the final regular hourly rate paid to the employee, whichever is higher. 

 

         Payment for unused compensatory time shall be at the employee’s regular rate of pay for each hour of compensatory time, not one and one-half (1½) times the regular rate of pay.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

4051

Staff and District Social Media Use

 

Social media is an important tool for communicating, keeping up-to-date with current developments in education, and for conducting research to enhance management, teaching, and learning skills. The district also uses social media accounts to provide information to district stakeholders.  This policy is intended to ensure (1) appropriate use of social media by staff and (2) appropriate control of social media accounts belonging to or affiliated with the district.  Staff should also refer to the district’s policy on Staff Computer and Internet Usage. 

 

 

 

1. Personal Versus School-Affiliated Social Media Use

 

1. 1. Personal Social Media Use

 

1. 1. 1. The school district will not require staff members or applicants for employment to provide the district with their username and password to personal social media accounts. 

 

1. 1. 2. The district will not require staff to add anyone to the list of contacts associated with the staff member’s personal social media accounts or require a staff member to change the settings on his or her personal social media accounts so that others can or cannot view their accounts.

 

1. 1. 3. Staff members whose personal social media use interferes with the orderly operation of the school or who use social media in ways that are not protected by the First Amendment may be subject to discipline by the district.

 

1. 1. 4. Staff members who wish to begin using or to continue using the school district name, programs, mascot, image or likeness as part of any social media profile must notify their supervising administrator of the use, and must secure the administrator’s permission to do so. 

 

1. 2. School-Affiliated Social Media Use

 

1. 1. 1. Any social media account which purports to be “the official” account of the school district (e.g., “Warrior Wrestling”), or any of its programs, classes or entities will be considered to be an account that is used exclusively for the school district’s business purpose.  Staff members may not use “official” accounts for personal use.

 

1. 1. 2. Staff may be required to provide their supervising administrator with the username and password to school-affiliated social media accounts.

 

1. 1. 3. Staff may be required to interact with specified individuals on school-affiliated social media accounts. 

 

1. 1. 4. When staff use school-affiliated social media accounts to comment on school-related matters, they do not do so as private citizens and are therefore not entitled to First Amendment protections.

 

2. Staff Expectations in Use of Social Media – Applicable to Both Personal and School-Affiliated Use

 

1. 1. General Use and Conditions

 

Staff must comply with all board policies, contract provisions, and applicable rules of professional conduct in their social media usage.  They must comply with the board’s policy on professional boundaries between staff and students at all times and in both physical and digital environments.

 

Staff must obtain the consent of their building principal or the superintendent prior to posting any student-related information in order to make sure that the publication does not violate the Federal Education Records Privacy Act or any other laws.  Staff must also comply with all applicable state and federal record retention requirements, even with regard to personal social media usage. 

 

Staff must comply with all applicable laws prohibiting the use or disclosure of impermissible content, such as copyright laws, accountability and disclosure laws, and any other law governing the use of resources of a political subdivision.  Questions about appropriate content should be referred to the staff member’s supervising administrator.

 

1. 2. Acceptable Use

 

1. 1. 1. Staff may use social media for instructional purposes.

 

1. 1. 2. Staff may use social media for school-related communication with fellow educators, students, parents, and patrons.

 

1. 1. 3. Teachers should integrate the use of electronic resources, which may include social media, into the classroom.  As the quality and integrity of content on social media is not guaranteed, teachers must examine the source of the information and provide guidance to students on evaluating the quality of information they may encounter.

 

1. 3. Unacceptable Use

 

1. 1. 1. Staff shall not access obscene or pornographic material while at school, on school-owned device or on school-affiliated social media accounts.

 

1. 1. 2. Staff shall not engage in any illegal activities, including the downloading and reproduction of copyrighted materials.

 

1. 1. 3. Staff shall not access social media networking sites such as Facebook, Twitter, and Instagram on school-owned devices or during school time unless such access is for an educational activity which has been preapproved by the staff member’s immediate supervisor.  This prohibition extends to using chat rooms, message boards, or instant messaging in social media applications and includes posting on social networking sites using personal electronic devices. 

 

3. School-Affiliated Digital Content

 

1. 1. General Use and Conditions for School-Affiliated Accounts

 

Staff must obtain the permission of their supervising administration prior to creating,  publishing, or using any school-affiliated web pages, microblogs, social media pages or handles, or any other digital content which represents itself to be school-related, or which could be reasonably understood to be school-related.  This includes any content which identifies the school district by name in the account name or which uses the school’s mascot name or image. 

 

Staff must provide administrators with the username and password for all school-affiliated accounts and must only publish content appropriate for the school setting.  Staff may not provide the username and password to school-affiliated accounts to any unauthorized individual, including students and volunteers. 

 

1. 2. Moderation of Third Party Content

 

The purpose of school-related social media accounts is to disseminate information. No school-related or school-affiliated social media account covered by this policy shall permit comments by the public unless otherwise approved by the superintendent.  All comment functions for applications such as Facebook and Instagram must be turned to “off” without this approval.

 

In the event the superintendent permits content created by anyone other than the administrator of the account to appear on the account’s pages, such as comments made by students, parents, and patrons, the account administrator must monitor the content to ensure it complies with this policy.  Posts, comments, or any other content made on the account’s pages may be removed when the content meets any of the following conditions:

 

1. 1. 1. Is obscene, lewd, or appeals to prurient interests;

 

1. 1. 2. Contains information relating to a student matter or personnel matter which is protected under or prohibited by state or federal law;

 

1. 1. 3. Contains threatening, harassing, or discriminatory words or phrases;

 

1. 1. 4. Incites or is reasonably anticipated to incite violence, illegal activity, or a material and substantial disruption to school operations or activities; or

 

1. 1. 5. Contains any other threat to the safety of students and staff.

 

Every account administrator must keep a copy of any removed content and must provide a copy to the superintendent along with written notification for the reason the post has been removed.  All questions about the appropriateness of removal must be directed to the superintendent.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

4051

Staff and District Social Media Use

 

Social media is an important tool for communicating, keeping up-to-date with current developments in education, and for conducting research to enhance management, teaching, and learning skills. The district also uses social media accounts to provide information to district stakeholders.  This policy is intended to ensure (1) appropriate use of social media by staff and (2) appropriate control of social media accounts belonging to or affiliated with the district.  Staff should also refer to the district’s policy on Staff Computer and Internet Usage. 

 

 

 

1. Personal Versus School-Affiliated Social Media Use

 

1. 1. Personal Social Media Use

 

1. 1. 1. The school district will not require staff members or applicants for employment to provide the district with their username and password to personal social media accounts. 

 

1. 1. 2. The district will not require staff to add anyone to the list of contacts associated with the staff member’s personal social media accounts or require a staff member to change the settings on his or her personal social media accounts so that others can or cannot view their accounts.

 

1. 1. 3. Staff members whose personal social media use interferes with the orderly operation of the school or who use social media in ways that are not protected by the First Amendment may be subject to discipline by the district.

 

1. 1. 4. Staff members who wish to begin using or to continue using the school district name, programs, mascot, image or likeness as part of any social media profile must notify their supervising administrator of the use, and must secure the administrator’s permission to do so. 

 

1. 2. School-Affiliated Social Media Use

 

1. 1. 1. Any social media account which purports to be “the official” account of the school district (e.g., “Warrior Wrestling”), or any of its programs, classes or entities will be considered to be an account that is used exclusively for the school district’s business purpose.  Staff members may not use “official” accounts for personal use.

 

1. 1. 2. Staff may be required to provide their supervising administrator with the username and password to school-affiliated social media accounts.

 

1. 1. 3. Staff may be required to interact with specified individuals on school-affiliated social media accounts. 

 

1. 1. 4. When staff use school-affiliated social media accounts to comment on school-related matters, they do not do so as private citizens and are therefore not entitled to First Amendment protections.

 

2. Staff Expectations in Use of Social Media – Applicable to Both Personal and School-Affiliated Use

 

1. 1. General Use and Conditions

 

Staff must comply with all board policies, contract provisions, and applicable rules of professional conduct in their social media usage.  They must comply with the board’s policy on professional boundaries between staff and students at all times and in both physical and digital environments.

 

Staff must obtain the consent of their building principal or the superintendent prior to posting any student-related information in order to make sure that the publication does not violate the Federal Education Records Privacy Act or any other laws.  Staff must also comply with all applicable state and federal record retention requirements, even with regard to personal social media usage. 

 

Staff must comply with all applicable laws prohibiting the use or disclosure of impermissible content, such as copyright laws, accountability and disclosure laws, and any other law governing the use of resources of a political subdivision.  Questions about appropriate content should be referred to the staff member’s supervising administrator.

 

1. 2. Acceptable Use

 

1. 1. 1. Staff may use social media for instructional purposes.

 

1. 1. 2. Staff may use social media for school-related communication with fellow educators, students, parents, and patrons.

 

1. 1. 3. Teachers should integrate the use of electronic resources, which may include social media, into the classroom.  As the quality and integrity of content on social media is not guaranteed, teachers must examine the source of the information and provide guidance to students on evaluating the quality of information they may encounter.

 

1. 3. Unacceptable Use

 

1. 1. 1. Staff shall not access obscene or pornographic material while at school, on school-owned device or on school-affiliated social media accounts.

 

1. 1. 2. Staff shall not engage in any illegal activities, including the downloading and reproduction of copyrighted materials.

 

1. 1. 3. Staff shall not access social media networking sites such as Facebook, Twitter, and Instagram on school-owned devices or during school time unless such access is for an educational activity which has been preapproved by the staff member’s immediate supervisor.  This prohibition extends to using chat rooms, message boards, or instant messaging in social media applications and includes posting on social networking sites using personal electronic devices. 

 

3. School-Affiliated Digital Content

 

1. 1. General Use and Conditions for School-Affiliated Accounts

 

Staff must obtain the permission of their supervising administration prior to creating,  publishing, or using any school-affiliated web pages, microblogs, social media pages or handles, or any other digital content which represents itself to be school-related, or which could be reasonably understood to be school-related.  This includes any content which identifies the school district by name in the account name or which uses the school’s mascot name or image. 

 

Staff must provide administrators with the username and password for all school-affiliated accounts and must only publish content appropriate for the school setting.  Staff may not provide the username and password to school-affiliated accounts to any unauthorized individual, including students and volunteers. 

 

1. 2. Moderation of Third Party Content

 

The purpose of school-related social media accounts is to disseminate information. No school-related or school-affiliated social media account covered by this policy shall permit comments by the public unless otherwise approved by the superintendent.  All comment functions for applications such as Facebook and Instagram must be turned to “off” without this approval.

 

In the event the superintendent permits content created by anyone other than the administrator of the account to appear on the account’s pages, such as comments made by students, parents, and patrons, the account administrator must monitor the content to ensure it complies with this policy.  Posts, comments, or any other content made on the account’s pages may be removed when the content meets any of the following conditions:

 

1. 1. 1. Is obscene, lewd, or appeals to prurient interests;

 

1. 1. 2. Contains information relating to a student matter or personnel matter which is protected under or prohibited by state or federal law;

 

1. 1. 3. Contains threatening, harassing, or discriminatory words or phrases;

 

1. 1. 4. Incites or is reasonably anticipated to incite violence, illegal activity, or a material and substantial disruption to school operations or activities; or

 

1. 1. 5. Contains any other threat to the safety of students and staff.

 

Every account administrator must keep a copy of any removed content and must provide a copy to the superintendent along with written notification for the reason the post has been removed.  All questions about the appropriateness of removal must be directed to the superintendent.

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4052

Job References to Prospective Employers

 

All requests for employment-related references or employment history by prospective employers of current or former employees must be referred to a member of the administrative team.  The administrator will either provide a reference in compliance with this policy or will forward the request to the superintendent.

 

If the school district is subject to a written separation agreement regarding a particular employee, the terms of that agreement will govern the district’s response to requests for information, regardless of any written consent provided to the school district.

If the school district is not bound by a separation agreement and receives a legally enforceable written consent to release information, the district may provide the information authorized by that document.  The school district may provide additional truthful information to prospective employers of current and former employees in accordance with this policy.

 

Employees Suspected of Sexual Misconduct Against a Minor or Student

 

Apart from the routine transmission of administrative and personnel files or unless otherwise permitted by law, the district and any employee, contractor, or agent of the school district is prohibited from providing any employee any assistance in obtaining a new job if the school district or the individual acting for the school district has probable cause to believe said employee has engaged in sexual misconduct with a student or minor in violation of the law.

 

 

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

 

 

4053

Conflict of Interest

 

Any school district employee who meets the conditions set forth in this policy shall be deemed to have a business or financial conflict of interest.

 

1.  Definitions.  For the purposes of this policy:

 

1. 1. Business with which an employee is associated shall include the following:

 

1. 1. 1. 1. A business in which the employee or a member of his or her immediate family is a partner, a limited liability company, or serves as a director or an officer.

 

1. 1. 1. 2. A business in which the employee or a member of his or her immediate family is a stockholder in a closed corporation with stock worth one thousand dollars or more, or he or she, or his or her immediate family owns more than a five percent equity interest or is a stockholder of publicly traded stock worth more than ten thousand dollars or more at fair market value, or which represents more than ten percent equity interest. This shall not apply to publicly traded stock under a trading account if the employee reports the name and address of the company and stockbroker.

 

1. 2. A business association shall be defined to include an individual as a partner, limited liability company member, director or officer, or a business in which the individual or member of the immediate family is a stockholder.

 

2. Contracts with the School District.

 

a.      No employee or member of his or her immediate family shall enter into a contract valued at two thousand dollars or more, in any one year, with this school district unless the contract is awarded through an open and public process that (1) includes prior public notice and (2) allows the public to inspect during the school district’s regular business hours the proposals considered and the contract awarded.

 

b.      The existence of any conflict of interest in any contract in which the employee has an interest and in which the school district is a party, or the failure to make public the employee's interest known, may render a contract null and void.

 

c.      The prohibition of a conflict of interest or requirement for public notice shall apply when the employee, or his or her immediate family (parent, spouse, or child) has a business association with the business involved in the contract or will receive a direct pecuniary fee or commission as a result of the contract.

 

3. Employing Members of the Immediate Family.

 

1. 1. An employee may employ or recommend or supervise the employment of an immediate family member if:

 

1. 1. 1. 1. The employee does not abuse his or her position.

 

1. 1. 1. 1. 1. Abuse of official position shall include, but not be limited to, employing an immediate family member:

 

1. 1. 1. 1. 1. 1. who is not qualified for and able to perform the duties of the position;

 

1. 1. 1. 1. 1. 2. for any unreasonably high salary;

 

1. 1. 1. 1. 1. 3. who is not required to perform the duties of the position.

 

1. 1. 1. 2. The employee makes a reasonable solicitation and consideration of applications for employment.

 

1. 1. 1. 3. The employee makes a full disclosure on the record to the governing body of the school district and to the secretary of the board. 

 

1. 1. 1. 4. The board approves the employment or supervisory position.

 

1. 2. The employee shall not terminate the employment of another employee so as to make funds or a position available for the purpose of hiring an immediate family member.

 

4. Gifts, Loans, Contributions, Rewards, or Promises of Future Employment

 

1. 1. No employee shall offer or give to the following persons anything of value, including a gift, loan, contribution, reward, or promise of future employment, based upon an agreement that a vote, official action, or judgment would be influenced thereby:

 

1. 1. 1. 1. a public official, public employee, or candidate.

 

1. 1. 1. 2. a member of the immediate family of an individual listed in Subparagraph 'a' above.

 

1. 1. 1. 3. a business with which an individual listed in Subparagraph (1) or (2) above is associated.

 

1. 2. No employee shall solicit or accept anything of value, including a gift, loan, contribution, reward, or promise of future employment based on an agreement that the vote, official action, or judgment of the employee would thereby be influenced.

 

1. 3. An employee shall not use or authorize the use of his or her public employment or any confidential information received through the public employment to obtain financial gain, other than compensation provided by law, for himself or herself or a member of his or her immediate family, or a business with which he or she is associated.

 

1. 4. An employee shall not use or authorize the use of personnel, resources, property, or funds under that person's official care and control other than in accordance with prescribed constitutional, statutory, and regulatory procedures or use such items for personal financial gain, other than compensation provided by law.

 

5. Conflict of Interest Relating to Campaigning or Political Issues

 

1. 1. Except as provided below, an employee shall not authorize the use of school district personnel, property, resources, or funds for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question.

 

1. 2. This does not prohibit an employee from making school district facilities available to a person for campaign purposes if the identity of the candidate or the support for or opposition to the ballot question is not a factor in making the facilities available or a factor in determining the cost or conditions for use.

 

1. 3. This does not prohibit an employee from discussing and voting upon a resolution supporting or opposing a ballot question.

 

1. 4. This does not prohibit an employee under the direct supervision of a public official from responding to specific inquiries by the press or the public as to the board's opinion regarding a ballot question or from providing information in response to a request for information.

 

1. 5. An employee may present his or her personal opinion regarding a ballot question or respond to a request for information related to a ballot question; but in so doing, the person should clearly state that the information being presented is his or her personal opinion and is not to be considered as the official position or opinion of the school district.  However, this shall not be done during a time that the individual is engaged in his or her official duties. 

 

6. Conflict.  To the extent that there is a conflict between this policy and the Nebraska Political Accountability and Disclosure Act (“Act”), the Act shall control. 

 

Adopted on: _______________

Revised on: _______________

Reviewed on: ______________

 

 

4054

Reporting Child Abuse or Neglect

 

Because of their daily contact with school-age children, educators and other school employees are in a unique position to identify abused and/or neglected children.  Nebraska law defines child abuse or neglect as knowingly, intentionally, or negligently causing or permitting a minor child to be (1) placed in a situation that endangers his or her life or physical or mental health; (2) cruelly confined or cruelly punished; (3) deprived of necessary food, clothing, shelter or care; (4) left unattended in a motor vehicle, if such child is six years of age or younger; (5) sexually abused; or (6) sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions.

 

Reporting Procedure.  School employees who have reasonable cause to believe that a child has been subjected to child abuse or neglect or observe a child being subjected to conditions or circumstances which reasonably would result in child abuse or neglect will report the suspected abuse or neglect according to the following procedure.

 

1. Any school employee who has reasonable cause to believe that a child has been abused or neglected shall report the suspicion to the building principal immediately.  Employees shall also personally report or cause a report to be made to local law enforcement or to the Department of Health and Human Services. 

 

2. When the principal makes a report of suspected child abuse or neglect, he/she shall inform the employee(s) who made the initial report. 

 

3. Nothing in the paragraph above shall hinder a school employee from fulfilling his/her/their obligation to report suspected abuse or neglect if he, she or they have reasonable cause to believe that a child has been abused or neglected.

 

4. Any doubt or question in reporting such cases shall be resolved in the favor of reporting the suspected abuse or neglect.  Consultation between the administrator and school employee is encouraged, keeping in mind that prompt reporting is essential. 

 

Contents of the Report.  The report to authorities shall contain the following information to the extent it is available: (1) name and position of reporting person; (2) name, address, and age of abused or neglected person; (3) address of the person or persons having custody of the abused or neglected person; (4) the nature and extent of the abuse or neglect, or the conditions and circumstances which would reasonably result in such abuse or neglect; and (5) any other information that may be useful in establishing the identity of the persons involved and cause of the abuse or neglect.

 

Legal Immunity.  Nebraska statutes give legal immunity from any civil or criminal liability to any person who makes a good faith report of child abuse or neglect or participates in a judicial proceeding resulting from such a report.

 

Adopted on: October 14, 2019

Revised on: _________________________

Reviewed on: ________________________     

 

 

4056

Resignation of Certificated Staff

 

Certificated staff members who know they will not be returning to employment at the school district for the following school year are encouraged to submit their resignations as early as possible, to enable the board to find suitable replacements.  Unless otherwise required by law or contract, the following resignation requirements apply.

 

 

Staff members who submit their resignations to the board of education by the earlier of (a) April 15th or (b) the date designated in a written request of the school board or the administrators to accept employment for the next school year pursuant to section 79-829 (provided that such acceptance date may not be earlier than March 15^th of each year) will be released from the next school year's contract.  Staff members who refuse to fulfill their contractual obligations will be reported to the Professional Practices Committee of the Nebraska Department of Education. 

 

 

 

Adopted on: ___December 9, 2019______

Revised on: _____6/3/22________

Reviewed on: ________________________     

 

 

4058

Confidentiality in Counseling and Guidance

 

The school district provides students with a certificated school guidance counselor.  Information that students provide to counselors is confidential but not legally privileged.  The counselor will attempt to respect the privacy of student disclosures, but will share all relevant information with other education professionals as appropriate or as directed.  The counselor will also contact parents and law enforcement officials as appropriate. 

 

Records of the counseling relationship, including interview notes, test data, correspondence, tape recordings and other documents, are to be considered professional information for use in counseling, not part of the student's education record.

 

When a counselor is in doubt about what information to release, he or she should discuss the matter with the building principal or with the superintendent. 

 

 

Adopted on: October 14, 2019

Revised on: _________________________

Reviewed on: ________________________

 

4059

 

Behavioral and Mental Health Training

 

All public school employees who interact with students and any other appropriate personnel are required to complete at least one hour of behavioral and mental health training with a focus on suicide awareness and prevention training every year.  The superintendent will determine the appropriate personnel required to receive the training.  The training materials for this training must be included in the Nebraska Department of Education’s list of approved training materials.   

 

These employees must complete the training designated by the school district or superintendent no later than October 31 of each school year or within 30 days of their initial employment, whichever is later.  Failure to complete this training may subject the employee to employment-related discipline. 

 

Adopted on: ____10/14/19_____________

Revised on: _____7/10/23_____________

Reviewed on: ________________________

 

4060

School Vehicle Use

 

Pupil Transportation Vehicles.  The transportation of students in a pupil transportation vehicle is governed by the rules of the Nebraska Department of Education and the district’s safe pupil transportation plan or safety and security plan.  See Title 92, Nebraska Administrative Code, Chapter 91 – Regulations Governing Driver Qualifications and Operational Procedures for Pupil Transportation Vehicles (“Rule 91”) Title 92, Nebraska Administrative Code, Chapter 92 – Regulations Governing the Minimum Equipment Standards and Safety Inspection Criteria for Pupil Transportation Vehicles (“Rule 92”), available on NDE’s website (www.education.ne.gov).  A pupil transportation vehicle is any vehicle utilized to carry school children as sponsored and approved by the school board and that conforms to the Nebraska Department of Education definitions of pupil transportation vehicles listed as School Bus, Activity Bus, Small Vehicle, or Coach Bus. 

 

School Vehicles Other Than Those Transporting Students.  School district employees, board members, and other elected or appointed school district officials (collectively “school personnel”) who are not transporting children are authorized to use a school district vehicle to travel to a designated location or to their home when the primary purpose of the travel serves a school district purpose.  School district vehicles may not be used for personal purposes unless the vehicle, or the use of it, is provided to an employee as a condition of an employment contract or it is leased to school personnel as allowed by law.  School personnel must operate school vehicles in accordance with all applicable federal, state, and local laws.

 

Driver Qualifications.  School personnel who wish to use a vehicle owned or leased by the school district and who are not transporting students must:

• Possess and provide a copy of a valid Motor Vehicle operator's license.
• Be able to read and comprehend driving regulations and written test questions.
• Obtain and provide a copy of his or her current driving record from the department of motor vehicles at least one time per school year to the superintendent or his or her designee.
• Be at least 19 years of age.

School personnel must notify the superintendent or his or her designee about any change in their driving status or eligibility.

School personnel who have been convicted of any of the following or who meet any of the following conditions will not be allowed to drive a school district vehicle:

• If the citation or conviction occurred at any time—Motor vehicle homicide or driving under the influence – 3^rd or subsequent offense;
• If the citation or conviction occurred within the last 5 years - Driving under the influence of drugs or alcohol, failure to render aid in accident you are involved in, reckless driving (willful or otherwise), careless driving, leaving the scene of an accident, failure to yield to a pedestrian with bodily injury to the pedestrian, or negligent driving.

The superintendent or his or her designee has the discretion to prohibit school personnel from driving a school vehicle for a citation or arrest for the above offenses or any other offense or reason.  The superintendent or his or her designee will make the final determination about the use of school district vehicles.

 

Electronic Communication While Driving.  Unless the superintendent or a principal grants an exception to allow verbal communication on an as needed basis for specific district-related work based upon an employee’s duties and responsibilities, school personnel shall not use any electronic communication device to read a written communication, manually type a written communication, send a written communication, verbally communicate with others, or otherwise communicate with others while operating a school vehicle.  This prohibition includes but is not limited to answering or making telephone calls, engaging in telephone conversations, and reading or responding to e-mails, instant messages, text messages or other visual media.

 

Tobacco, Alcohol, and Controlled Substances.  The use of any tobacco product, including the use of vapor products, alternative nicotine products, or any other such look-alike product, is not permitted in a school vehicle at any time.  The use or possession of any alcohol or controlled substance (unless legally prescribed to school personnel by a physician) is not permitted in a school vehicle at any time.  All drivers shall follow and be subject to Drug Free Workplace Policy and Drug Policy Regarding Drivers Policy.

 

Traffic Accidents, Infractions, Violations, or Citations.  School personnel who receive a citation or warning citation from a law enforcement officer or are involved in an accident while operating a school vehicle must report the citation to the superintendent or his or her designee as soon as practicable, but no later than 24 hours of receipt.  The superintendent must report his or her accidents, infractions, violations, or citations to the board president. 

 

Adopted on: October 14, 2019

Revised on: _______________

Reviewed on: ______________

4061

Workplace or Non-Workplace Injuries or Illness and Return to Work

 

Reporting Workplace Injuries.  Staff members who are injured while performing duties or who witness workplace injuries must report them to the superintendent or superintendent’s designee as soon as possible after being injured or witnessing an injury.  Staff members must prepare written statements regarding the injuries they sustained or witnessed when they are asked to do so by the school district. Failure to report a workplace injury as a witness will constitute insubordination and neglect of duty and may result in adverse employment action up to and including termination or cancellation of employment.  Failure to report workplace injuries may also result in delayed or forfeited benefits to which an employee may otherwise be entitled. 

 

Returning to Work after Workplace Injuries or Non-Workplace Injuries or Illness.  Staff members whose injuries or illness prevent them from completing any or all of their duties, whether or not incurred at work, may be permitted to continue working or may be offered modified duty positions as required by law or as determined appropriate by the superintendent.  This policy does not guarantee a limited or modified assignment during the recovery period unless it is otherwise required by law.  The employee may be required to provide a return to work certification or report from their treating physician which delineates any restrictions, modifications, or accommodations needed to allow the employee to perform the essential functions of their position.

 

Termination After Workplace Injuries or Illness.  Unless otherwise covered in an individual employment contract, employees may be terminated after suffering a workplace injury or illness when the district has a legitimate, nondiscriminatory reason for doing so.  Such reasons include but are not limited to:

 

• Necessity to fill the position to maintain continuous services as required by law or district policy or standards;
• Performance deficiencies of the employee unrelated to the injury or illness;
• Unavailability of substitute or replacement employees;
• When the absence will negatively impact students’ educational experience or opportunities; or
• Any other reason not otherwise prohibited by law.

 

The district may make such employment determinations regardless of whether the employee has returned to work and regardless of whether a medical professional has certified that the employee has reached maximum medical improvement.  In the event the injury or illness lasts beyond the amount of leave time provided by the district and by the Family Medical Leave Act, which is generally no greater than 12 weeks, the employee may be terminated even if the employee remains eligible for Workers’ Compensation under state law or short or long-term disability under a policy available through the district.  In no event will an employee be terminated as retaliation for filing a Workers’ Compensation claim.

 

Termination After Non-Workplace Injuries.  Unless otherwise covered in an individual employment contract or prohibited by law, employees who are unable to perform any of the essential functions of their positions with reasonable accommodation(s) due to injury or illness occurring outside of the workplace may be terminated.  The employee’s position or a similar position will be held open only as required by law, such as the Family Medical Leave Act.

 

Adopted on: October 14, 2019

Revised on: _________________________

Reviewed on: ________________________

 

4062

 Locker Room Supervision

Staff members, coaches, sponsors, and students must comply with the requirements of this policy while using locker rooms at the school district or at other locations.

Staff members, coaches, and sponsors must appropriately supervise students in locker rooms and other locations where students dress, change, or engage in similar activities.  This supervision must occur at all times during curricular and extracurricular activities and includes, but is not limited to, the following:

• Entering and walking through the entire locker room at regular and irregular intervals to provide direct supervision and to assess student behavior.
• Maintaining an orderly locker room free from “horseplay” and other prohibited conduct.
• Maintaining a visual presence.
• Adequately addressing any misbehaviors.
• Escorting students to and from the locker room and the activity or instructional area.
• Unlocking the locker room so that students may enter, and locking the locker room after all students have exited the locker room.
• Searching the locker room to determine that all students have exited the locker room before locking it.
• Ensuring that the locker room remains locked during any activity.

If a student is found missing during an activity, the staff member, coach, or sponsor or adult designee shall check the locker room for the missing student.

The locker room must be locked at all times when unsupervised.

Only students whose team or activity is currently playing or are in-season or who are involved in a school-sponsored activity that requires or allows presence in the locker room are allowed access to the locker room before or after the regular school day. Students are not allowed to enter or reenter the locker room without appropriate supervision.

If the staff member, coach, or sponsor is the opposite sex of the students, he or she may designate another adult of the same sex as the students to provide the required locker room supervision.  This delegation does not remove ultimate responsibility from the staff member, coach, or sponsor who is subject to the obligations under this policy to ensure that such obligations are met.  By allowing their students to participate in an activity with a cross-gender coach, parents/guardians consent to the entry of the staff member or his or her designee into the locker room at any time as necessary to maintain student safety and order. 

Staff members, coaches, and sponsors must remain with students until they are picked up by the parent, guardian, or other authorized person or the student leaves in his or her own transportation.  Students must never be left unattended after a game, practice, or other school-sponsored activity.  In other words, the staff member, coach, or sponsor should be the first one to arrive at the activity and the last one to leave.

Cell phones and other devices with visual or auditory recording capability may not be used in the locker room at any time or for any reason.

Under no circumstance may a staff member, coach, or sponsor delegate any responsibility under this policy to a student or other minor.

School administrators or their designees may make random checks to assess policy compliance. 

 

Adopted on: __7/13/20____

Reviewed on: _______________

Amended on: _______________

 

 

4064

Transporting Students in Employee Vehicles

 

School employees shall not use their personal vehicle to transport students except for those students who reside in the employee’s own household or if an emergency exists.  If an emergency occurs, the employee will contact the administration and parents whenever practicable before providing the emergency transportation. 

 

Adopted     6/12/22

Personnel

Early Retirement Incentive Program                                                                              4146 P

 

FULLERTON PUBLIC SCHOOL DISTRICT

 EARLY RETIREMENT INCENTIVE PROGRAM

 

A.   PURPOSE:

 

        The purpose of this program is to encourage Eligible Employees who are considering an early-leaving decision to accelerate their retirement plans.  Objectives include, but are not limited to, the following:

       

      1.     To offer financial incentives which will assist long-term employees considering early retirement or early-leaving decisions.

 

      2.     To reduce costs to the School District by replacing maximum salaried employees with lesser salaried employees.

 

      3.     To provide a better balance of employee experience.

 

B.    QUALIFICATIONS: 

 

        1.     Eligible Employee:            To be a participant a person must be employed by the School District as of the date of acceptance of the person's application in the position of a fully certified employee (a) covered by the negotiated agreement between the Fullerton Public School District and the Fullerton Education Association (hereinafter sometimes referred to as "Eligible Employee" or "Employee" or "Teacher"), or (b) under contract as Superintendent or Principal (hereinafter sometimes referred to as "Eligible Employee" or "Employee" or "Administrator").

 

      2.     Full-Time Equivalency:    Eligible Employees, both full-time and part-time, may participate in the Early Retirement Incentive Program ("ERIP"), provided that the part-time Employees' benefits under such plan shall be prorated based on their FTE (full time equivalency); said FTE to be determined based on the Employee's actual scheduled salary as of January 1 of the Employee's final contract year.  Part time Employees who are on a leave of absence in part and work part-time, as of January 1, of the Employee's final contract year, shall be eligible to participate in this ERIP to the extent of their on duty FTE.  Employees who are on a sabbatical leave, leave of absence, or other board approved leave in total as of January 1, of the Employee's final contract year, shall not be eligible to participate in this ERIP.

 

  

 

 

 

 

 

     3.        Minimum Age and Years of Service:    In order for an Employee to be eligible for this program the Employee must be fifty-four (54) years of age during the Employee's final contract year have a salary schedule placement of at least Step 11 in the BA + 27 educational column, or be eligible for at least such a placement if an administrator in the school district.    Board approved military service, sabbatical and/or approved leave of absence, or other leave required to be granted according to law, shall not be included as credited years for placement on the salary schedule.  In determining credited years for placement on the salary schedule with the School District, part-time employment is considered full-time employment.  Additionally, a one-year service credit shall be granted if more than one-half of a school year has been completed by the Employee.

 

     4.        Criteria for Eligibility:  There shall be a period of eligibility, hereinafter referred to as a "window", when an Employee may elect to participate in this ERIP.  For purposes of this paragraph the first date when an employee becomes eligible to receive unreduced benefits from the Nebraska School Employee Retirement System (NSERS) will be referred to as "NSERS date".  The window shall open on September 1 of the calendar year when:

 

               a.  The Eligible Employee reaches fifty-four (54) years of age and is eligible to receive unreduced benefits from the Nebraska School Employee Retirement System by virtue of age and years of creditable service in that system, and shall close on the second August 31 following the NSERS date;

 

               b.  The Eligible Employee who is fifty-four (54) years of age or more, is first eligible to receive unreduced benefits from the Nebraska School Employee Retirement System by virtue of age and years of creditable service in that system, and shall close on the third August 31 following the NSERS date. 

 

              

      5.      Notice of Assignment and Salary Schedule Placement:         On or before October 16 of each year, the administration of the School District shall provide all Eligible Employees of the School District verification of their teaching assignment, salary schedule placement and years of service to the School District.

 

      6.      Acceptance or Rejection of Applications:   The Board of Education of the School District, in its sole and absolute discretion, reserves the right to accept or reject any or all applications based on financial exigencies, availability of funds, budget, expenses, revenue, and other school finance issues. 

 

      7.      Criteria for Selection:         If there is more than one applicant for participation in this ERIP, the selection of the Eligible Employee(s) allowed to participate in the ERIP shall be based upon the following criteria in descending order:

 

              a.    Date of Application:  The individual(s) with the date of application first in time will be given preference for participation in the ERIP.  Applications will be date stamped by the Superintendent's office.

 

              b.    Highest salary:  If two or more individual applications are filed on the same date, then the individual(s) with the highest salary on the salary schedule in the negotiated agreement between the School District and the Fullerton Education Association, or its successor, in effect for the contract year when the application are received shall be given preference for participation in the ERIP.

 

              c.     Tie Breaker:  If two (2) or more individuals tie on criteria "a" and "b", the names of those persons who are tied shall be placed in a container and names will be drawn from the container for each opening in the ERIP. 

 

C.    ENROLLMENT REQUIREMENTS:

 

      1.   Resignation: Eligible Employee participants in the program shall resign their positions with the School District effective at the close of the school year in which the application for participation in this ERIP is received, and thereby relinquish the Employee's actual and existing continuing contract rights, in consideration for the benefits outlined in paragraph "D" below.

 

      2.   Notice of Plan and Future Employment:  The Superintendent or Superintendent's designee, shall notify all Teachers and Administrators of the School District of the adoption of this Early Retirement Incentive Policy (ERIP) and the attendant ERIP Application and Agreement on or before October 16, each year; a copy of said ERIP Application and Agreement as it now exists, or as it may be from time to time amended, may be obtained from the school office of each school in the district.

 

        3.   Application and Agreement:  Any Eligible Employee who attains the minimum eligibility requirements shall be eligible to participate in the ERIP.  Each qualified Eligible Employee who wishes to participate must submit an Application and Agreement form properly executed, which is to be received in the Superintendent's Office on or after January 1, but on or before January 7, of the Eligible Employee's last contract year of employment.  An Application and Agreement may be withdrawn by the Employee at any time within seven (7) days following the date when it was received by the Superintendent's Office.  The Superintendent or his designee, shall review the Employee's record to determine eligibility.  If eligible, the Board of Education shall approve the Application and Agreement, except as may be otherwise provided herein, at the regular January meeting of the Board of Education immediately following the receipt of the Eligible Employee's application and agreement, or at such later time as deemed appropriate.  FAILURE TO SUBMIT THE APPLICATION OR AGREEMENT WITHIN THE TIME FRAME SPECIFIED IN THIS PARAGRAPH SHALL RESULT IN THE REJECTION OF SUCH APPLICATION OR AGREEMENT.

 

 

      4.   Terminated Employee's Ineligibility:    An Employee who has received written notice of possible termination for reasons other than reduction in force, or who has received written notice of possible cancellation shall NOT be eligible and may NOT participate in this program, UNLESS after a hearing before the Board of Education it is determined that said Employee's contract shall not be canceled or terminated, or the decision of the Board of Education to terminate or cancel is subsequently set aside.

 

              An Employee who has received written notice of possible termination for reason of a reduction in force shall be eligible and may participate in this program if, but only if, said Employee expressly waives all rights to which he or she may be entitled under the reduction in force law.

 

D.   BENEFITS: 

 

      1. Benefits Amount:    An Eligible Employee participating in this ERIP shall receive the calculated benefit (not to exceed $35,000).

 

                     Calculated Benefit: Receive a benefit equal one and three-quarters percent (1.75%) of the actual scheduled salary to be earned by the Employee during the contract year when application is made for participation in this ERIP multiplied by the number of years of creditable service up to a maximum credit allowed of thirty years (scheduled salary x 1.75% x years of creditable service = benefit) payable in thirty-six (36) equal installments to be made on the regular pay day for certificated staff each month beginning with the September pay period for the contract immediately following the contract year when the Eligible Employee's resignation is effective, and continuing to be paid on the regular pay day for certificated staff each month thereafter until paid in full.  Scheduled salary refers to salary paid from the salary schedule, which excludes salary paid for extra responsibility, extended contract and fringe benefits.

Year one window 100% of calculated benefit (not to exceed $35,000)

Year two window   75% of calculated benefit (not to exceed $35,000)

Year three window 50% of calculated benefit (not to exceed $35,000)

*candidates who would be in “year two” during 20-21 would be eligible for 100%

** Due to the declared Covid-19 pandemic those eligible for the Early Retirement Incentive will be frozen in their "2020-21 year window" through the 2021-22 and 2022-23 school years. Those entering the year 1 window in 2021-22 would be frozen through 2022-23. The incentive calculation of salary and experience will continue to advance during the 2021-22 and 2022-23 school years. 

 

      2. Source of Funds:     The School District shall pay the entire cost of the plan.

 

      3. Administration:       This Plan shall be administered by the Board of Education by and through the administration of the School District.

 

      4. Beneficiary Designation:   In order for the application to be considered complete, a beneficiary must be designated.  Upon death of the participant Employee before all benefits are paid, the beneficiary shall receive benefits pursuant to the terms of this ERIP.

 

      5. Income Tax Consequences:          Early Retirement Incentive pay has been determined to be taxable income for state and federal income tax purposes, and will be treated as such.  It will be reported as a taxable retirement payment.   Any  required state or federal withholdings will be subtracted from each payment to the retiree.

     

      6. COBRA Rights:       An Employee who elects to participate in the Fullerton Public School District Early Retirement Incentive Program shall have the option to participate in the School District's group health insurance plan in the same manner as said Employee would be eligible to participate in the group health insurance plan sponsored by the Nebraska State Education Association (NSEA), if any, with conversion rights as specified on such NSEA plan.  Additionally, pursuant to COBRA, a retired Employee will have the opportunity to continue participation in the School District's group health insurance plan for at least eighteen (18) months following retirement upon payment by the Employee of the monthly insurance premiums.

 

E.    TIME FOR CONSIDERATION OF APPLICATION AND AGREEMENT, AND WAIVER AND RELEASE OF CLAIMS: 

 

      1.    Time to Consider Application and Agreement:           An Employee who elects to participate in the Fullerton Public School District Early Retirement Incentive Program shall be given at least forty-five (45) days within which to consider the ERIP Application and Agreement.  That ERIP Application and Agreement shall alert the Employee that the Fullerton Public School District Early Retirement Incentive Program is totally voluntary in nature.

 

      2.    Waiver and Release of Claims:    The ERIP Application and Agreement shall also include a specific Waiver and Release of Claims of the participants' rights under the Age Discrimination and Employment Act (ADEA) 29 U.S.C. §621-63 and the Act Prohibiting Unjust Discrimination in Employment Because of Age, Neb. Rev. Stat. §48-1001 et seq., the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.S. §51001 et seq., and all other state and federal constitutions, statutes and regulations that relate to the validity of the ERIP, and allow the Employee to revoke the Release or Waiver at any time within seven (7) days after signing the contract, and advise the Employee to consult with an attorney before signing the Application and Agreement.  THE SPECIFIC TERMS OF THE WAIVER AND RELEASE OF CLAIMS SHALL BE AS FOLLOWS:

 

 

        WAIVER AND RELEASE OF CLAIMS:  By entering into this Agreement the Eligible Employee hereby releases, waives, acquits, and forever discharges the School District, all past, present, and future members of the Board of Education of such School District in their official and individual capacities, the Administrators, and all other officers, agents, and employees of the School District, in their official and individual capacities, from any and all claims, however characterized, whether for damages, costs, expenses, compensation, penalties, wages, benefits, reinstatement, attorneys' fees, or attorneys' fees under 42 U.S.C. §1988, or the like, which Eligible Employee may now have or which may accrue in the future with respect to, arising out of, or in relation to the Eligible Employee's employment with the School District, including, but not limited to, claims or rights under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. §621-634, the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq., and the Act Prohibiting Unjust Discrimination in Employment on the Basis of Age, Neb. Rev. Stat. §48-1001 et seq., Title IX and under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, as amended from time to time, claims or rights under 42 U.S.C. §1981, through and including 42 U.S.C. §1988, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Family Medical Leave Act of 1993, all claims or rights relating to discrimination on the basis of race, ethnic background, color, religion, sex, age, disability, handicap, marital status or national origin before the state or federal EEOC or NEOC, or any other agency or department or the state or federal courts under any state or federal constitution, law, rule, or regulation, all claims or rights relating to libel, slander, breach of confidentiality or privacy, or any claims or rights of whatsoever nature arising under any other state, federal, or local constitution, statute, regulation, or ordinance arising out of the Eligible Employee's employment with the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation from such employment.  The Eligible Employee further covenants not to sue and hereby agrees not to institute any proceedings against, and agrees to indemnify and hold harmless, the School District or any other persons named herein in their official or individual capacities based on any matter relating to the Eligible Employee's employment at the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation.

 

           This waiver, release, covenant not to sue, and indemnification agreement is given in exchange for consideration in addition to that which the Eligible Employee is already entitled to pursuant to law.  The Eligible Employee acknowledges that the Eligible Employee has been advised by this Application and Agreement, and in writing to consult with an attorney before entering into the ERIP or signing this Application and Agreement.  The Eligible Employee further acknowledges that the Eligible Employee has had sufficient time to decide whether or not to execute this ERIP Application and Agreement, including sufficient time to consider the waiver and release of claims and all other matters contained herein.

 

F.    TERM OF PROGRAM:

        The Fullerton Public School District's ERIP shall be offered only to Eligible Employees as defined herein, and who timely submit a ERIP Application and Agreement.

 

Policy Approved: December 21, 1998                               FULLERTON PUBLIC SCHOOLS

Policy Amended:  October 9, 2000                                    Fullerton, Nebraska

Policy Revised:  February 13, 2006

Policy Revised: September 8, 2008

Policy Revised: June 11, 2012

Policy Revised: October 9, 2017

Policy Revised: September, 10, 2018

Policy Revised: January 13, 2020

Policy Revised: December 14, 2020

 

Personnel

Early Retirement Incentive Program                                                                              4146 R

 

FULLERTON PUBLIC SCHOOLS

EARLY RETIREMENT INCENTIVE PROGRAM

- APPLICATION AND AGREEMENT -

 

(NOTE:  THIS APPLICATION AND AGREEMENT MUST BE SUBMITTED TO THE HUMAN RESOURCES OFFICE ON OR AFTER JANUARY 1, BUT ON OR BEFORE JANUARY 7).

 

            This Early Retirement Incentive Program ("ERIP") Application and Agreement is offered and made this ____ day of ________________, ____, between Nance County School District 0001, a/k/a Fullerton Public School District ("School District"), and _______________________, ("Eligible Employee"), whose address is ____________________, in _______________________, Nebraska.

 

            WHEREAS, the School District has established a Early Retirement Incentive Program (hereinafter "ERIP") for the purpose of encouraging Eligible Employees who are considering an early leave decision to accelerate their retirement plans; and,

 

            WHEREAS, the Eligible Employee is desirous of voluntarily participating in the ERIP and in the voluntary termination of the Eligible Employee's employment; and,

 

            WHEREAS, the Eligible Employee meets all the criteria for participation in the ERIP program set forth in the negotiated agreement between the Board of Education and the Fullerton Education Association; and,

 

            WHEREAS, the Eligible Employee acknowledges that the Eligible Employee has had forty-five (45) or more days to consider the ramifications of participation in the ERIP, and acknowledges that the Eligible Employee's participation in the ERIP is voluntary and that the Eligible Employee was not coerced in any manner to participate in the ERIP sponsored by the School District.

 

            NOW, THEREFORE, in consideration of the mutual covenants, conditions, and stipulations set forth in this Application and Agreement, the Eligible Employee and the School District do hereby agree as follows:

 

1.     ELIGIBLE EMPLOYEE RESIGNATION:  The Eligible Employee, by signing this Application and Agreement, hereby voluntarily, unconditionally, and irrevocably resigns from the Eligible Employee's employment position, relinquishes the Eligible Employee's actual and existent continuing contract rights by law, and resigns from all other employment relations with the School District effective at the end of the _____-_____ school year, and further hereby waives any and all notice of action by the Board of Education of the School District to accept the resignation and to terminate the Eligible Employee's continuing contract and employment with the School District, and waives any and all rights the Eligible Employee may have under Neb.Rev.Stat. §§79-12,107 to 79-12,121 (old statute numbers), or §§79-824 to 79-839 (new statute numbers), or other laws as they now exist or as they may be amended in the future relating to continued employment, or rights of recall.  The Eligible Employee further authorizes the Board of Education of the School District to advertise for, and contract with, a replacement employee, if deemed appropriate, for the school year immediately following the effective date of the resignation of the Eligible Employee.   The School District, by approving and signing this Application and Agreement, hereby unconditionally and irrevocably accepts the Eligible Employee's resignation, ending all employment relations between the School District and the Eligible Employee, effective at the end of the _______-_______ school year.  The Eligible Employee authorizes the School District to approve and accept this Application and Agreement immediately upon its presentation to the School District by the Eligible Employee.

 

           

 

2.     EARLY RETIREMENT BENEFITS:

 

(a)    In consideration of the Eligible Employee's resignation and relinquishment of the Eligible Employee's actual and existent continuing contract rights by law, and of other covenants and conditions set forth in this Application and Agreement, the Eligible Employee shall receive a benefit equal one and three quarters (1.75%) percent of the actual scheduled salary earned by the employee during the school year when application is made for participation in this ERIP multiplied by the number of years of creditable service up to a maximum credit allowed of thirty years (scheduled salary x 1.75% x years of creditable service = benefit) payable in thirty-six (36) equal installments to be made on the regular pay day for certificated staff each month beginning with the September pay period for the contract immediately following the contract year when the Eligible Employee's resignation is effective and continuing to be paid on the regular pay day for certificated staff each month thereafter until paid in full.  [Scheduled salary refers to salary paid from the salary schedule, which excludes salary paid for extra responsibility, extended contract and fringe benefits.]  The ERIP benefit shall be calculated as follows:

 

1. Salary ____________ x .0175 = $____________ x years ________ =___________

                                                                                                                          Total calculated

                                    TB = Total Benefit determined by window (yr 1, yr 2, yr 3)

                                    (Year one) Total calculated ____________ x 100% = ____________TB

                                    (Year two) Total calculated ____________ x  75% = ____________TB

                                    (Year three) Total calculated ___________ x  50%  = ____________TB

                                    Benefit will be the lesser of TB or $35,000 (maximum by law).

                                    $_________________ Benefit ÷ 36 months = $______________

                                    $_________________  monthly stipend.

        *candidates who would be in “year two” during 20-21 would be eligible for 100%

** Due to the declared Covid-19 pandemic those eligible for the Early Retirement Incentive will be frozen in their "2020-21 year window" through the 2021-22 and 2022-23 school years. Those entering the year 1 window in 2021-22 would be frozen through 2022-23. The incentive calculation of salary and experience will continue to advance during the 2021-22 and 2022-23 school years. 

 

(b)   Beneficiary Designation:       The Eligible Employee hereby designates _________________, whose address is___________________________, Social Security No. _________________ or Tax I.D. No. ___________________, to be his/her beneficiary in case of his/her death.  Any monies due the Eligible Employee will continue to the beneficiary until the total benefit distribution is paid in full pursuant to the provisions of this Agreement.

                       

 

 

 

(c)   Tax Consequences:      Early Retirement Incentive Pay has been determined to be taxable income for State and Federal Income Tax purposes and will be treated as such.  It will be reported as a taxable retirement payment.  Social Security percentage and any other required State or Federal withholdings or deductions will be subtracted from each payment to the Eligible Employee.

 

3.     WAIVER AND RELEASE OF CLAIMS:  By entering into this Agreement the Eligible Employee hereby releases, waives, acquits, and forever discharges the School District, all past, present, and future members of the Board of Education of such School District in their official and individual capacities, the Administrators, and all other officers, agents, and employees of the School District, in their official and individual capacities, from any and all claims, however characterized, whether for damages, costs, expenses, compensation, penalties, wages, benefits, reinstatement, attorneys' fees, or attorneys' fees under 42 U.S.C. §1988, or the like, which Eligible Employee may now have or which may accrue in the future with respect to, arising out of, or in relation to the Eligible Employee's employment with the School District, including, but not limited to, claims or rights under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA), 29 USC §621-634, the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC §1001 et. seq., and the Act Prohibiting Unjust Discrimination in Employment on the Basis of Age, Neb. Rev. Stat. §48-1001 et seq., Title IX and under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, as amended from time to time, claims or rights under 42 U.S.C. §1981, through and including 42 U.S.C. §1988, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Family Medical Leave Act of 1993, all claims or rights relating to discrimination on the basis of race, ethnic background, color, religion, sex, age, disability, handicap, marital status or national origin before the state or federal EEOC or NEOC, or any other agency or department or the state or federal courts under any state or federal constitution, law, rule, or regulation, all claims or rights relating to libel, slander, breach of confidentiality or privacy, or any claims or rights of whatsoever nature arising under any other state, federal, or local constitution, statute, regulation, or ordinance arising out of the Eligible Employee's employment with the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation from such employment.  The Eligible Employee further covenants not to sue and hereby agrees not to institute any proceedings against, and agrees to indemnify and hold harmless, the School District or any other persons named herein in their official or individual capacities based on any matter relating to the Eligible Employee's employment at the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation.

 

        This waiver, release, covenant not to sue, and indemnification agreement is given in exchange for consideration in addition to that which the Eligible Employee is already entitled to pursuant to law.  The Eligible Employee acknowledges that the Eligible Employee has been advised by this Application and Agreement, and in writing to consult with an attorney before entering into the ERIP or signing this Application and Agreement.  The Eligible Employee further acknowledges that the Eligible Employee has had sufficient time to decide whether or not to execute this ERIP Application and Agreement, including sufficient time to consider the waiver and release of claims and all other matters contained herein.

 

4.     REVOCATION AND CANCELLATION OF AGREEMENT:  The Eligible Employee and the School District acknowledge that the Eligible Employee may revoke this Application and Agreement, and any waiver, release of claims, covenant not to sue, or indemnification contained herein, and cancel this Application and Agreement, at any time on or before the expiration of seven (7) days following the date when it was received by the office of the Superintendent.

 

 

 

 

 

 

                                                                                    ____________________________________

                                                                                    Eligible Employee

 

STATE OF NEBRASKA    )

                                                )           ss.

COUNTY OF NANCE        )

 

            On this ______ day of ______________________, __________, I, _______________________, being first duly sworn upon oath, depose and state that I am the Eligible Employee identified above, that I have read the foregoing Early Retirement Incentive Program ("ERIP") Application and Agreement, know the contents thereof, signed the same as my voluntary act and deed, and submit this Application and Agreement for acceptance by the Board of Education.

 

                                                                                    ____________________________________

                                                                                    Eligible Employee

                                                                                                                                               

            SUBSCRIBED and SWORN to  before me this ____ day of _______________, ____.

 

 

                                                                                    ____________________________________

                                                                                    Notary Public

 

 

 

 

 

 

ACCEPTANCE

 

            Upon the action of the Board of Education on _____ day of ________________, _________, approving and ratifying the foregoing Application and Agreement, and the acceptance by the Board of Education of the resignation of the Eligible Employee identified above, the above Temporary Early Retirement Incentive Program Application and Agreement is hereby deemed to have been accepted and approved by the Eligible Employee and the Nance County School District 0001, a/k/a Fullerton Public School District, and shall be carried into effect by the Administration.

 

            DATED this _____ day of ________________________, _____.

 

                                                                        NANCE COUNTY SCHOOL DISTRICT 0001, A/K/A FULLERTON PUBLIC SCHOOL DISTRICT

 

 

                                                            BY:      __________________________________________

                                                                        ___________________, Superintendent

 

 

 

Rule Approved: December 21, 1998                                  FULLERTON PUBLIC SCHOOLS

Rule Amended:  October 9, 2000                                       Fullerton, Nebraska

Rule Revised:  February 13, 2006

Rule Revised: January 13, 2020

Rule Revised: December 14, 2020

 

4146.1  P

 

Personnel        

 

Early Retirement Incentive Program                                                                                                    

 

FULLERTON PUBLIC SCHOOL DISTRICT

 CLASSIFIED EARLY RETIREMENT INCENTIVE PROGRAM

 

A.         PURPOSE:

 

The purpose of this program is to encourage Eligible Employees who are considering an early-leaving decision to accelerate their retirement plans.  Objectives include, but are not limited to, the following:

           

1.         To offer financial incentives which will assist long-term employees considering early retirement or early-leaving decisions.

 

2.         To reduce costs to the School District by replacing maximum salaried employees with lesser salaried employees.

 

                        3.         To provide a better balance of employee experience.

 

B.         QUALIFICATIONS: 

 

1.         Eligible Employee:       To be a participant a person must be employed by the School District as of the     date of acceptance of the person's application in the position of a full time classified employee (hereinafter sometimes referred to as "Eligible Employee" or "Employee").,

 

2.         Full-Time Equivalency: Eligible Employees, must be full-time/year round employees to participate in the Early Retirement Incentive Program ("ERIP").

 

3.         Minimum Age and Years of Service:     In order for an Employee to be eligible for this program the Employee must be at least fifty-four (54) years of age during the Employee's final contract year and qualify for the NSERS early retirement program.

 

4.         Criteria for Eligibility:  There shall be a period of eligibility, hereinafter referred to as a "window", when an Employee may elect to participate in this ERIP.  For purposes of this paragraph the first date when an employee becomes eligible to receive unreduced benefits from the Nebraska School Employee Retirement System (NSERS) will be referred to as "NSERS date".  The window shall open  90 days prior to  on the "NSERS date" and remain open for 730 days after that date.

 

a.  The Eligible Employee reaches fifty-four (54) years of age and is eligible to receive unreduced benefits from the Nebraska School Employee Retirement System by virtue of age and years of creditable service in that system, and shall close 730 days thereafter.

                       

b.    The Eligible Employee who is fifty-four (54) years of age or more, is first eligible to receive unreduced benefits from the Nebraska School Employee Retirement System by virtue of age and years of creditable service in that system, and shall close 730 days following the NSERS date. 

 

An Employee whose eligibility window has passed may elect to participate in this ERIP during the 2002-03 school year only, with the Employee's resignation under this ERIP to be effective at the conclusion of the 2002-03 school year.

 

5.         Acceptance or Rejection of Applications:   The Board of Education of the School District, in its sole and absolute discretion, reserves the right to accept or reject any or all applications based on financial exigencies, availability of funds, budget, expenses, revenue, and other school finance issues. 

 

6.         Criteria for Selection:   If there is more than one applicant for participation in this ERIP, the selection of the Eligible Employee(s) allowed to participate in the ERIP shall be based upon the following            criteria in descending order:

 

a.         Date of Application:  The individual(s) with the date of application first in time will be given preference for participation in the ERIP.  Applications will be date stamped by the Superintendent's office.

 

b.         Highest salary:  If two or more individual applications are filed on the same date, then the individual(s) with the highest salary/wage  when the applications are received shall be given                                    preference for participation in the ERIP.

 

c.          Tie Breaker:  If two (2) or more individuals tie on criteria "a" and "b", the names of those persons   who are tied shall be placed in a container and names will be drawn from the container for each opening in the ERIP.       

 

C.         ENROLLMENT REQUIREMENTS:

 

1.         Resignation:    Eligible Employee participants in the program shall resign their positions with the School District effective at a date within the 90 days following the "NSERS date" and thereby relinquish the Employee's actual and existing continuing employment.

 

2.         Notice of Plan and Future Employment:   The Superintendent or Superintendent's designee, shall notify all staff of the School District of the adoption of this Early Retirement Incentive Policy (ERIP) and the attendant ERIP Application and Agreement on or before October 16, each year; a copy of said ERIP Application and Agreement as it now exists, or as it may be from time to time amended, may be obtained from the school office of each school in the district.

 

3.         Application and Agreement:     Any Eligible Employee who attains the minimum eligibility requirements shall be eligible to participate in the ERIP.  Each qualified Eligible Employee who    wishes to participate must submit an Application and Agreement form  properly executed, which is to be received in the Superintendent's Office on the eligible date within 730 days after the "NSERS date."    An Application and Agreement may be withdrawn by the Employee at any time within seven (7) days following the date when it was received by the Superintendent's Office.  The Superintendent or his designee, shall review the Employee's record to determine eligibility.  If eligible, the Board of Education shall approve the Application and Agreement.   FAILURE TO SUBMIT THE APPLICATION OR AGREEMENT WITHIN THE TIME FRAME SPECIFIED IN THIS PARAGRAPH SHALL RESULT IN THE REJECTION OF SUCH APPLICATION OR AGREEMENT.

 

 

4.         Terminated Employee's Ineligibility:    An Employee who has received written notice of possible termination for reasons other than reduction in force, or who has received written notice of possible cancellation shall NOT be eligible and may NOT participate in this program, UNLESS after a hearing before the Board of Education it is determined that said Employee's employment rights shall not be canceled or terminated, or the decision of the Board of Education to terminate or cancel is subsequently set aside.

 

 

 

 

 

D.        BENEFITS:                                                                                                                  

 

 

1.         Calculation of Benefits:      Receive a benefit equal one and three-quarters percent (1.75%) of the actual scheduled salary to be earned by the Employee during the contract year when application is made for participation in this ERIP multiplied by the number of years of creditable service up to a maximum credit allowed of thirty years (scheduled salary x 1.75% x years of creditable service benefit) payable in thirty-six (36) equal installments  beginning with the next available 1st of the month pay period after board approval. The Eligible Employee's resignation is effective, and continuing to be paid on the regular pay day thereafter until paid in full to time worked. 

 

                                    TB = Total Benefit determined by window (yr 1, yr 2, yr 3)

                                    (Year one) Total calculated ____________ x 100% = ____________TB

                                    (Year two) Total calculated ____________ x  75% = ____________ TB

                                    (Year three) Total calculated ___________ x  50%  = ____________TB

                                    Benefit will be the lesser of TB or $35,000 (maximum by law).

                                    $_________________ Benefit ÷ 36 months = $______________

                                    $_________________  monthly stipend.

 

        

** Due to the declared Covid-19 pandemic those eligible for the Early Retirement Incentive will be frozen in their "2020-21 year window" through the 2021-22 and 2022-23 school years. Those entering the year 1 window in 2021-22 would be frozen through 2022-23. The incentive calculation of salary and experience will continue to advance during the 2021-22 and 2022-23 school years. 

 

            2.         Source of Funds:     The School District shall pay the entire cost of the plan.

 

3.         Administration:     This Plan shall be administered by the Board of Education by and through the administration of the School District.

 

4.         Beneficiary Designation:   In order for the application to be considered complete, a beneficiary must be designated.  Upon death of the participant Employee before all benefits are paid, the beneficiary shall receive benefits pursuant to the terms of this ERIP.

 

5.         Income Tax Consequences:       Early Retirement Incentive pay has been determined to be taxable income for state and federal income tax purposes, and will be treated as such.  It will be reported as a taxable retirement payment.   Any  required state or federal withholdings will be subtracted from each payment to the retiree.

           

6.         COBRA Rights:    An Employee who elects to participate in the Fullerton Public School District    Early Retirement Incentive Program shall have the option to participate in the School District's group health insurance plan in the same manner as said Employee would be eligible to participate in the group health insurance plan sponsored by the Nebraska State Education Association (NSEA), if any, with conversion rights as specified on such NSEA plan.  Additionally, pursuant to COBRA, a retired Employee will have the opportunity to continue participation in the School District's group health insurance plan for at least eighteen (18) months following retirement upon payment by the Employee of the monthly insurance premiums.

 

 

 

 

 

 

 

E.         TIME FOR CONSIDERATION OF APPLICATION AND AGREEMENT, AND WAIVER AND RELEASE OF CLAIMS: 

 

1.         Time to Consider Application and Agreement: An Employee who elects to participate in the Fullerton Public School District Early Retirement Incentive Program shall be given at least ninety (90) days within which to consider the ERIP Application and Agreement.  That ERIP Application and Agreement shall alert the Employee that the Fullerton Public School District Early Retirement Incentive Program is totally voluntary in nature.

 

2.         Waiver and Release of Claims:      The ERIP Application and Agreement shall also include a specific Waiver and Release of Claims of the participants' rights under the Age Discrimination and Employment Act (ADEA) 29 U.S.C. §621-63 and the Act Prohibiting Unjust Discrimination in Employment Because of Age, Neb. Rev. Stat. §48-1001 et seq., the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.S. §51001 et seq., and all other state and federal constitutions, statutes and regulations that relate to the validity of the ERIP, and allow the Employee to revoke the Release or Waiver at any time within seven (7) days after signing the contract, and advise the Employee to consult with an attorney before signing the Application and Agreement.                                                                                                                                                                                                                          

 THE SPECIFIC TERMS OF THE WAIVER AND RELEASE OF CLAIMS SHALL BE AS FOLLOWS:

 

WAIVER AND RELEASE OF CLAIMS:  By entering into this Agreement the Eligible Employee hereby releases, waives, acquits, and forever discharges the School District, all past, present, and future members of the Board of Education of such School District in their official and individual capacities, the Administrators, and all other officers, agents, and employees of the School District, in their official and individual capacities, from any and all claims, however characterized, whether for damages, costs, expenses, compensation, penalties, wages, benefits, reinstatement, attorneys' fees, or attorneys' fees under 42 U.S.C. §1988, or the like, which Eligible Employee may now have or which may accrue in the future with respect to, arising out of, or in relation to the Eligible Employee's employment with the School District, including, but not limited to, claims or rights under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. §621-634, the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq., and the Act Prohibiting Unjust Discrimination in Employment on the Basis of Age, Neb. Rev. Stat. §48-1001 et seq., Title IX and under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, as amended from time to time, claims or rights under 42 U.S.C. §1981, through and including 42 U.S.C. §1988, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Family Medical Leave Act of 1993, all claims or rights relating to discrimination on the basis of race, ethnic background, color, religion, sex, age, disability, handicap, marital status or national origin before the state or federal EEOC or NEOC, or any other agency or department or the state or federal courts under any state or federal constitution, law, rule, or regulation,   all claims or rights relating to libel, slander, breach of confidentiality or privacy, or any claims or rights of whatsoever nature arising under any other state, federal, or local constitution, statute, regulation, or ordinance arising out of the Eligible Employee's employment with the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation from such employment.  The Eligible Employee further covenants not to sue and hereby agrees not to institute any proceedings against, and agrees to indemnify and hold harmless, the School District or any other persons named herein in their official or individual  capacities  based  on  any  matter   relating   to   the  Eligible  Employee's employment at the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation.

 

This waiver, release, covenant not to sue, and indemnification agreement is given in exchange for consideration in addition to that which the Eligible Employee is already entitled to pursuant to law.  The Eligible Employee acknowledges that the Eligible Employee has been advised by this Application             and Agreement, and in writing to consult with an attorney before entering into the ERIP or signing this Application and Agreement.  The Eligible Employee further acknowledges that the Eligible Employee has had sufficient time to decide whether or not to execute this ERIP Application and Agreement, including sufficient time to consider the waiver and release of claims and all other matters contained herein.

 

 

 

 

F.         TERM OF PROGRAM:

 

The Fullerton Public School District's ERIP shall be offered only to Eligible Employees as defined herein, and who timely submit a ERIP Application and Agreement.

 

 

 

Policy Approved:          03/05/03                                  FULLERTON PUBLIC SCHOOLS

Policy Revised:                09/08/08                                  FULLERTON, NEBRASKA

Policy Revised:             06/11/12

Policy Revised:             1/13/20

Policy Revised:           12/14/20

 

 

4146.1  R

Personnel        

 

 

 

Early Retirement Incentive Program

 

 

FULLERTON PUBLIC SCHOOLS

CLASSIFIED EARLY RETIREMENT INCENTIVE PROGRAM

- APPLICATION AND AGREEMENT -

 

 

This Early Retirement Incentive Program ("ERIP") Application and Agreement is offered and made this ____ day of ________________, ____, between Nance County School District 0001, a/k/a Fullerton Public School District ("School District"), and _______________________, ("Eligible Employee"), whose address is ____________________, in _______________________, Nebraska.

 

 

WHEREAS, the School District has established a Early Retirement Incentive Program (hereinafter "ERIP") for the purpose of encouraging Eligible Employees who are considering an early leave decision to accelerate their retirement plans; and,

 

WHEREAS, the Eligible Employee is desirous of voluntarily participating in the ERIP and in the voluntary termination of the Eligible Employee's employment; and,

 

WHEREAS, the Eligible Employee acknowledges that the Eligible Employee has had forty-five (45) or more days to consider the ramifications of participation in the ERIP, and acknowledges that the Eligible Employee's participation in the ERIP is voluntary and that the Eligible Employee was not coerced in any manner to participate in the ERIP sponsored by the School District.

 

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and stipulations set forth in this Application and Agreement, the Eligible Employee and the School District do hereby agree as follows:

 

 

1.         ELIGIBLE EMPLOYEE RESIGNATION:       The Eligible Employee, by signing this Application and Agreement, hereby voluntarily, unconditionally, and irrevocably resigns from the Eligible Employee's employment position, relinquishes the Eligible Employee's actual and existent employment rights by law, and resigns from all other employment relations with the School District effective  __________ ______, and further hereby waives any and all notice of action by the Board of Education of the School District to accept the resignation and to terminate the Eligible Employee's  employment with the School District.  The Eligible Employee further authorizes the Board of Education of the School District to advertise for, and hire, a replacement employee, if deemed appropriate immediately following the effective date of the resignation of the Eligible Employee.   The School District, by           approving and signing this Application and Agreement, hereby unconditionally and irrevocably accepts the Eligible Employee's resignation, ending all employment relations between the School District and the Eligible Employee, effective _____________.  The Eligible Employee authorizes the School District to approve and accept this Application and Agreement immediately upon its presentation to the School District by the Eligible Employee.

 

 

                                                                                                                       

 

2.         EARLY RETIREMENT BENEFITS:       In consideration of the Eligible Employee's resignation and           relinquishment of the Eligible Employee's actual employment rights by law, and of other covenants and conditions set forth in this Application and Agreement, the Eligible Employee shall receive a benefit equal one and three quarters (1.75%) percent of the actual scheduled salary earned by the employee during the school year when application is made for participation in this ERIP multiplied by the number of years of creditable service up to a maximum credit allowed of thirty years (scheduled salary x 1.75% x years of creditable service = benefit) payable in thirty-six (36) equal installments  beginning with the next available 1st of the month pay period after board approval until paid in full.   The ERIP benefit shall be calculated as follows:

 

1. Salary ________ x .0175 = $_______ x years _______ =___     __

                                    $_______________ total benefit ÷ 36 months = ______________

                        $_______________  monthly stipend.

                                   

                                    TB = Total Benefit determined by window (yr 1, yr 2, yr 3)

                                    (Year one) Total calculated ____________ x 100% = ____________TB

                                    (Year two)Total calculated_____________x75%=_______________TB

                                    (Year three) Total calculated ___________ x  50%  = ____________TB

                                    Benefit will be the lesser of TB or $35,000 (maximum by law).

                                    $_________________ Benefit ÷ 36 months = $______________

                                    $_________________  monthly stipend.

 

*candidates who would be in “year two” during 20-21 would be eligible for 100%

** Due to the declared Covid-19 pandemic those eligible for the Early Retirement Incentive will be frozen in their "2020-21 year window" through the 2021-22 and 2022-23 school years. Those entering the year 1 window in 2021-22 would be frozen through 2022-23. The incentive calculation of salary and experience will continue to advance during the 2021-22 and 2022-23 school years. 

 

(b)  Beneficiary Designation:          The Eligible Employee hereby designates _________________, whose address is___________________________, Social Security No. _________________ or Tax I.D. No. ___________________, to be his/her beneficiary in case of his/her death.  Any monies due the Eligible Employee will continue to the beneficiary until the total benefit distribution is paid in full pursuant to the provisions of this Agreement.

(c)  Tax Consequences:       Early Retirement Incentive Pay has been determined to be taxable income for State and Federal Income Tax purposes and will be treated as such.  It will be reported as a taxable retirement payment.  Social Security percentage and any other required State or Federal withholdings or deductions will be subtracted from each payment to the Eligible Employee.

 

3.         WAIVER AND RELEASE OF CLAIMS:  By entering into this Agreement the Eligible Employee hereby releases, waives, acquits, and forever discharges the School District, all past, present, and future members of the Board of Education of such School District in their official and individual capacities, the Administrators, and all other officers, agents, and employees of the School District, in their official and individual capacities, from any and all claims, however characterized, whether for damages, costs, expenses, compensation, penalties, wages, benefits, reinstatement, attorneys' fees, or attorneys' fees under 42 U.S.C. §1988, or the like, which Eligible Employee may now have or which may accrue in the future with respect to, arising out of, or in relation to the Eligible Employee's employment with the School District, including, but not limited to, claims or rights under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA), 29 USC §621-634, the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC §1001 et. seq., and the Act Prohibiting Unjust Discrimination in Employment on the Basis of Age, Neb. Rev. Stat. §48-1001 et seq., Title IX and under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, as amended from time to time, claims or rights under 42 U.S.C. §1981, through and including 42 U.S.C. §1988, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Family Medical Leave Act of 1993, all claims or rights relating to discrimination on the basis of race, ethnic background, color, religion, sex, age, disability, handicap, marital status or national origin before the state or federal EEOC or NEOC, or any other agency or department or the state or federal courts under any state or federal constitution, law, rule, or regulation, all claims or rights relating to libel, slander, breach of confidentiality or privacy, or any claims or rights of whatsoever nature arising under any other state, federal, or local constitution, statute, regulation, or ordinance arising out of the Eligible Employee's employment with the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation from such employment.  The Eligible Employee further covenants not to sue and hereby agrees not to institute any proceedings against, and agrees to indemnify and hold harmless, the School District or any other persons named herein in their official or individual capacities based on any matter relating to the Eligible Employee's employment at the School District, this Application and Agreement, the ERIP, or the Eligible Employee's resignation.             

                                                                                               

This waiver, release, covenant not to sue, and indemnification agreement is given in exchange for consideration in addition to that which the Eligible Employee is already entitled to pursuant to law.  The Eligible Employee acknowledges that the Eligible Employee has been advised by this Application and Agreement, and in writing to consult with an attorney before entering into the ERIP or signing this Application and Agreement.  The Eligible Employee further acknowledges that the Eligible Employee has had sufficient time to decide whether or not to execute this ERIP Application and Agreement, including sufficient time to consider the waiver and release of claims and all other matters contained herein.

 

4.         REVOCATION AND CANCELLATION OF AGREEMENT:  The Eligible Employee and the School District acknowledge that the Eligible Employee may revoke this Application and Agreement, and any waiver, release of claims, covenant not to sue, or indemnification contained herein, and cancel this Application and Agreement, at any time on or before the expiration of seven (7) days following the date when it was received by the office of the Superintendent.

                                                                        ____________________________________

                                                                        Eligible Employee

 

STATE OF NEBRASKA           )

                                                )           ss.

COUNTY OF NANCE   )

 

On this ______ day of ______________________, __________, I, _______________________, being first duly sworn upon oath, depose and state that I am the Eligible Employee identified above, that I have read the foregoing Early Retirement Incentive Program ("ERIP") Application and Agreement, know the contents thereof, signed the same as my voluntary act and deed, and submit this Application and Agreement for acceptance by the Board of Education.

                                                                        ____________________________________

                                                                        Eligible Employee

                                                                                                                                               

SUBSCRIBED and SWORN to  before me this ____ day of _______________, ____.

 

                                                                        ____________________________________

                                                                        Notary Public

ACCEPTANCE

 

            Upon the action of the Board of Education on _____ day of ________________, _________, approving and ratifying the foregoing Application and Agreement, and the acceptance by the Board of Education of the resignation of the Eligible Employee identified above, the above Temporary Early Retirement Incentive Program Application and Agreement is hereby deemed to have been accepted and approved by the Eligible Employee and the Nance County School District 0001, a/k/a Fullerton Public School District, and shall be carried into effect by the Administration.

DATED this _____ day of ________________________, _____.

 

NANCE COUNTY SCHOOL DISTRICT 0001, A/K/A FULLERTON PUBLIC SCHOOL DISTRICT

 

                                                            BY:       __________________________________________

                                                                        ___________________, Superintendent

 

Rule Approved:              03/05/03                                            FULLERTON PUBLIC SCHOOLS

Rule Revised:                02/09/09                                               FULLERTON, NEBRASKA

Rule Revised:                06/11/12

Rule Revised:             01/13/20

 

Personnel                                                                                                                  

4146.2

Payment for Unused Sick Leave at Retirement

Should a Fullerton staff member (certificated or classified) retire from the district (and not be eligible for the Early Retirement Incentive Program – policies 4146 or 4146.1) the staff member will be entitled to return sick leave days and shall be paid $50 per day by the school district for each unused sick leave day. Such payment will be made after the last day of employment. Those using the Early Retirement Incentive Program will not be eligible to return unused sick leave for payment.

 

 

Policy Approved         12/14/2020

Policy Revised            _________

Policy Reviewed on    _________