4000: Human Resources

4000: Human Resources unanimous Thu, 02/28/2019 - 14:32

4000: General Personnel Policy Statement

4000: General Personnel Policy Statement holly Tue, 07/02/2019 - 12:23

The District shall employ highly qualified personnel, conduct appropriate staff development activities, and establish policies and working conditions conducive to high morale and enable each staff member to make the fullest contribution to district programs and services.

The goals of the District’s personnel program will include the following:

I.To develop and implement those strategies and procedures for personnel recruitment, screening, and selection which will result in employing the highest quality staff, i.e., those with high capabilities, strong commitment to quality education, and great probability of effectively implementing the District’s learning program.

II.To develop an organizational structure which promotes and advances the learning program, and serves as the primary basis for determining staff assignments.

III.To develop a climate which encourages optimal staff performance, morale, and satisfaction.

IV.To provide staff development programs designed to contribute both to improvement of the learning program and to each staff member’s career development aspirations.

V.To provide for a team approach to education, which includes staff involvement in planning, decision-making, and evaluation.

VI.To provide an appropriate compensation and benefits program.

VII. To develop and use personnel evaluation processes which contribute to the improvement of both staff capabilities and the learning program.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
November 5, 2001
Reaffirmed
November 17, 2008
March 21, 2016

4001: Non-Discrimination and Harassment

4001: Non-Discrimination and Harassment holly Tue, 07/02/2019 - 12:26

The District does not unlawfully discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, age, or on any other basis prohibited by federal, state, or local laws in admission or access to or treatment of employment, or in its programs and activities. 

The District shall provide an employment, teaching and learning environment free from unlawful harassment (including sexual harassment). 

Personnel violating this Policy shall be subject to disciplinary action. 

The following person has been designated to handle inquiries regarding the discrimination and harassment policies: The Associate Superintendent of Human Resources, 5606 South 147th Street, Omaha, NE 68137 (402) 715-8200. The Associate Superintendent of Human Resources may delegate this responsibility as needed. 

Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 4001.2.

Date of Adoption
September 20, 2010
Date of Revision
July 9, 2018

4001.1: Non-Discrimination and Harassment

4001.1: Non-Discrimination and Harassment holly Tue, 07/02/2019 - 13:04

I. Unlawful Discrimination and Unlawful Harassment Prohibited. The District is committed to offering employment opportunities to its employees in an environment that is free from unlawful discrimination and unlawful harassment (including sexual harassment) and will not tolerate unlawful discrimination or unlawful harassment (including sexual harassment). All employees are responsible for creating and maintaining an environment free of such unlawful discrimination and unlawful harassment (including sexual harassment). The District does not discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, age, or on any other basis prohibited by federal, state, or local laws (hereinafter “protected status”). 

A. Unlawful discrimination is defined as unfavorable or disparate treatment of a person or class of persons when that person’s protected status is a factor in such unfavorable or disparate treatment. 

B. Disparate or unfavorable treatment of similarly situated employees is not necessarily unlawful discrimination. Treating a person unfavorably in comparison to other similarly situated employees may be unlawful when that person’s protected status is a factor in the disparate or unfavorable treatment. 

II. Sexual Harassment Prohibited. Sexual harassment is considered a form of sex discrimination. Sexual harassment by District personnel of other District personnel, or of students, patrons, or vendors is strictly prohibited and shall be grounds for discipline. Sexual harassment shall include, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature when: 

A. The conduct or communication has the purpose or effect of demanding sexual favors in exchange for benefits or a quid pro quo relationship is created. 

B. Submission to or rejection of the conduct or communication is used as the basis for decisions affecting employment or assignment of staff. 

C. The conduct or communication is so severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with an employee’s ability to perform his/her job or creates an intimidating offensive or hostile environment. 

III. Retaliation Prohibited. Retaliation is also strictly prohibited and shall be grounds for discipline. There shall be no retaliation by the District or its personnel against any person who, in good faith, reports, files a complaint or otherwise participates in an investigation or inquiry of unlawful discrimination or unlawful harassment (including sexual harassment). The initiation of a complaint in good faith about behavior that may violate the District’s policies shall not result in any adverse action. 

IV. Personnel Complaints. Complaints by District personnel regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 4001.2. 

V. Students Sexually Harassed or Discriminated Against by District Personnel. Students or parents of students complaining of unlawful discrimination or unlawful harassment (including sexual harassment) by District personnel or other students shall report such conduct to the building principal and shall follow the complaint procedures of District Rule 5010.2. 

VI. Definitions. 

A. “Unlawful Harassment” is defined as unwelcomed repetitive conduct affecting the work environment with the effect of unreasonably interfering with the ability of an employee to perform his or her job and creates an intimidating, offensive or hostile work environment, which is based in whole or in part on the employee’s protected status. 

B. “Complainant” shall mean a person employed by the District or an individual performing contracted services under the control and supervision of the District, and who reports to the District under this Rule that he/she has been unlawfully discriminated against or unlawfully harassed (including sexual harassment). 

C. “Adverse action” includes, but is not limited to, any form of physical or verbal intimidation or threat, unjustified job loss close in time to the complainant’s reaction to unlawful discrimination or unlawful harassment (including sexual harassment), unjustified increase in work responsibility without compensation or training close in time to the complainant’s reaction to unlawful discrimination or unlawful harassment (including sexual harassment), and any other unjustifiable work-related treatment that is adverse to the complainant and is a result of his or her reaction to unlawful discrimination or unlawful harassment (including sexual harassment). 

D. “Hostile environment” includes, but is not limited to, a pattern of unwelcome sexual advances, requests for sexual favors, and unwelcome verbal or physical conduct of a sexual nature which interferes with the terms, conditions, or privileges of the complainant’s educational work or performance. Examples include unwanted touching, body contact, pinching, patting, name-calling, repeated propositions, written messages, notes, cartoons, graffiti, intimidation, and any other act or communication which is based on sex and interferes with the complainant’s educational work or performance. 

E. “Quid pro quo” is a relationship that includes, but is not limited to, a superior of the complainant making submission or rejection to requests for sexual favors explicitly or impliedly, a term or condition or privilege of employment. Examples include making submission or rejection the basis for employment decisions affecting the individual’s career, salary, job security, advancement, and day-to-day treatment while performing job responsibilities. 

F. “Retaliation” shall include, but is not limited to, adverse action against a complainant for his or her reaction to unlawful discrimination or unlawful harassment (including sexual harassment), or against any person who, in good faith, reports, or otherwise participates in an investigation or inquiry taken by the person responsible for the unlawful discrimination or unlawful harassment (including sexual harassment), or by any other party so long as the adverse action is the result of the complainant’s reaction to unlawful discrimination or unlawful harassment (including sexual harassment). 

G. “Title IX Coordinator” shall mean the District’s Associate Superintendent of Human Resources. 

Date of Adoption
August 16, 1982
Date of Revision
September 20, 1993
November 20, 1995
March 17, 1997
June 2, 2003
September 20, 2010
July 2, 2012
July 9, 2018

4001.2: Non-Discrimination and Harassment Complaint Procedure

4001.2: Non-Discrimination and Harassment Complaint Procedure holly Tue, 07/02/2019 - 13:07

A. All employees are responsible for helping the District to prevent unlawful discrimination and unlawful harassment (including sexual harassment). Employees who believe that they, or other employees, have been subjected to or have witnessed any conduct by a District employee or student which constitutes unlawful discrimination or unlawful harassment (including sexual harassment) should follow the following complaint and reporting procedures. 

1. Employees are encouraged to directly advise the offending person that such conduct is offensive and must stop. If such an effort is unsuccessful or too uncomfortable, or the employee desires not to directly communicate with the offending person, then the employee should report the matter to their immediate supervisor who shall immediately report the complaint to the Associate Superintendent of Human Resources. 

The supervisor shall assist the complainant in the preparation of a formal written complaint and shall forward the written complaint to the Associate Superintendent of Human Resources within ten (10) working days of the occurrence of the event. The written complaint must be signed by the complainant and contain a complete statement of the facts constituting the offense. 

2. If the alleged offending person is a student, the staff member shall immediately report the matter to a building assistant principal or principal. 

3. When the Associate Superintendent of Human Resources receives such a written complaint of unlawful discrimination or unlawful harassment (including sexual harassment), he or she (or his/her designee) shall: 

a. If the alleged offending person is a District employee, begin formal investigation of the complaint as set forth in Level 1 of the formal complaint procedures set forth in this Rule. 

b. If the alleged offending person is an adult, but not a District employee, begin formal investigation of the complaint and implement appropriate corrective actions as may be available. 

c. If the alleged offending person is a student, immediately report the matter to a building assistant principal or principal. When an assistant principal or principal receives such a report of student discrimination or sexual harassment, he or she shall immediately investigate the matter in accordance with the District’s student discipline procedures and, if it is concluded that a violation of the District’s Standards for Student Conduct has occurred, impose discipline sanctions pursuant to the Standards for Student Conduct and undertake other appropriate actions, if any, to redress any such conduct and prevent its future recurrence. 

II. Investigation Procedures 

Level 1. When the Associate Superintendent of Human Resources receives a written complaint of unlawful discrimination or unlawful harassment (including sexual harassment) by a District staff member, he or she shall designate either a District or building administrator to investigate the matter in accordance with the District's personnel procedures. The administrator designated to investigate the matter shall not be the alleged offending person. 

A. The designated administrator shall investigate the matter and respond to the complainant via a written report within ten (10) working days of the filing of the written complaint. Such written report shall summarize the facts, the determinations made, and, to the extent permissible, any corrective actions to be implemented. 

Level 2. If the employee is not satisfied with the resolution of their complaint at Level 1, he/she may formalize their complaint by filing a formal written appeal with the Associate Superintendent of Human Resources within five (5) working days after the investigator’s written report at Level 1. 

A. The Level 2 written appeal must be signed, contain a complete statement of the facts constituting the complaint, and the reasons the Level 1 resolution of their complaint is not acceptable. 

B. Upon receipt of the formal written appeal and the investigator’s written report, the Associate Superintendent of Human Resources shall investigate the appeal. As part of the investigation, the Associate Superintendent of Human Resources may meet with the complainant and undertake any such investigation as the Associate Superintendent of Human Resources deems appropriate. The Associate Superintendent of Human Resources may, in his or her discretion, designate another District administrator, other than the administrator who investigated the complaint at Level 1, to conduct the investigation and appeal resolution when appropriate. 

C. The Associate Superintendent of Human Resources or his/her designee shall complete a written report and provide the employee with a copy of such written report within ten (10) working days of receiving the formal Level 2 written appeal. Such written report shall summarize the facts, the determinations made, and, to the extent permissible, any corrective actions to be implemented. 

Level 3. If the employee is not satisfied with the resolution of their complaint at Level 2, they may appeal to the District’s Superintendent by filing a formal written appeal with the Superintendent within seven (7) working days after receipt of the written report at Level 2. 

A. The written appeal must be signed, contain a complete statement of the facts constituting the complaint and appeal and the reasons the Level 2 resolution is not acceptable. 

B. Upon receipt of the formal written appeal, the Superintendent may, if he/she deems it necessary, investigate the appeal. As part of any such investigation, the Superintendent may undertake any such investigation deemed appropriate. The Superintendent may, in his or her discretion, designate another District administrator, other than any previously involved administrator(s), to conduct the investigation and appeal resolution when appropriate. 

C. The Superintendent or designee shall complete a written report and provide the employee with a copy of such written report within ten (10) working days of receiving the formal Level 3 written appeal. Such written report shall summarize the facts, the determinations made, and, to the extent permissible, any corrective actions to be implemented. The Superintendent’s decision and any action taken shall be final. 

III. General Provisions. 

A. Nothing in this Rule shall be construed as limiting the ability of employees who have a complaint regarding unlawful discrimination or unlawful harassment (including sexual harassment) from discussing the matter informally with their supervisor or any appropriate District administrators or staff members, or as limiting the involvement of the administration in informally addressing and resolving any such complaints. Employees are encouraged, but not required, to discuss a contemplated complaint informally with their supervisor or other District administrators or staff members prior to filing a complaint. 

B. The time limits in these procedures are for the purpose of insuring prompt action. If an employee does not pursue the next step of a procedure within the time period specified, it shall constitute an abandonment of the complaint. If an investigating administrator does not respond within the time period specified, the employee may proceed to the next level of the complaint procedure. Nothing in this Rule shall prohibit the Associate Superintendent of Human Resources and the employee from jointly agreeing in writing to extend time lines set forth in this Rule. 

C. At any level of the complaint procedure, the investigating administrator may require meetings with the employee and/or the alleged offending person to seek resolution or to further the investigation. Failure by the complainant to participate in any such meeting shall constitute an abandonment of the complaint. Failure of the alleged offending party to participate in any such meetings shall subject such offending party to discipline, as appropriate. 

D. No retaliation of any kind will be permitted against any employee who makes a good faith complaint pursuant to this Rule, or against any person who in good faith participates in or cooperates with an investigation of alleged unlawful discrimination or unlawful harassment (including sexual harassment). 

E. Information regarding an individually identifiable student or employee will only be shared with an employee filing a complaint or with other persons, if allowed by law and in accordance with District policies and rules. 

F. To the extent permitted by law and in accordance with District policies and rules, the identity of employees filing complaints pursuant to this Rule and any documents generated or received pertaining thereto, will be kept confidential. Information may be disclosed if necessary to further an investigation or appeal, or if necessary to carry out appropriate discipline. The District may disclose information to District personnel, law enforcement authorities, and others when necessary to enforce this Rule or when required or allowed by law. 

G. The proper law enforcement agency will be contacted promptly when there is a reasonable suspicion that a violation of a state or federal criminal law may have been committed. 

H. Working days shall mean: (i) days when school is in session for students during the school year; and (ii) all weekdays when school is in recess for summer vacation, excluding any national holidays. 

Date of Adoption
September 20, 2010
Date of Revision
July 2, 2012
July 9, 2018

4002: Service Animals

4002: Service Animals holly Tue, 07/02/2019 - 13:14

The District will comply with applicable federal and state statutes, regulations, and rules regarding the use of service animals by disabled employees. All requests for an employee with a disability to be accompanied by a service animal must be addressed in writing to the Superintendent or designee at least ten business days prior to bringing the service animal to work.

Date of Adoption
February 6, 2012
Reaffirmed
May 21, 2018

4002.1: Service Animals

4002.1: Service Animals holly Tue, 07/02/2019 - 13:16

I. Definition of a Service Animal. 

A. A service animal must be a dog or, in specific circumstances, a miniature horse, that is individually trained to do work or perform tasks for the benefit of an employee with a disability and is required for the employee with a disability. No other species of animal, whether wild or domestic, will be permitted in District facilities as a service animal. 

B. Service animals do not include pets, farm animals, wild or exotic animals, or any animals whose function is to provide crime deterrent effects, emotional support, comfort, companionship, therapeutic benefits, or to promote emotional well-being. 

II. Work or Tasks of a Service Animal. 

A. The work or tasks performed by the service animal must be directly related to the employee’s disability and required for the employee with a disability. 

B. Examples of work or tasks that a service animal may perform to meet this definition include: 

1. Navigation: assisting individuals who are blind or have low vision with navigation and other tasks, 

2. Alerting: alerting individuals who are deaf or hard of hearing to the presence of people or sounds, 

3. Protection: providing non-violent protection or rescue work, 

4. Pulling: pulling a wheelchair, 

5. Seizure: assisting an individual during a seizure, 

6. Allergens: alerting individuals to the presence of allergens, 

7. Retrieving: retrieving items such as medicine or the telephone, 

8. Physical support: providing physical support and assistance with balance and stability to individuals with mobility disabilities, and 

9. Interrupting behaviors: helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. 

C. Work or tasks that are excluded from meeting the definition are: 

1. Guard dogs: the crime deterrent effects of an animal’s presence, and 

2. Companion animals: the provision of emotional support, comfort, companionship, theraputic benefits, or emotional well-being. 

III. Presence of Service Animals. 

A. An employee with a disability shall be permitted to be accompanied by his/her service animal in all areas where employees are allowed to go. 

B. An employee with a service animal may not be required to pay an extra fee for the service animal to attend events for which a fee is charged. 

IV. Removal of a Service Animal. 

A. A District administrator may direct an employee with a disability to remove a service animal from a District facility, a school building, a classroom, or from a school function, if any one of the following circumstances occur: 

1. The service animal is out of control and the service animal’s handler does not take effective action to control it, 

2. The service animal is not housebroken, 

3. The service animal’s presence would fundamentally alter the nature of the service, program, or activity, or 

4. The presence of the service animal poses a direct threat to the health or safety of others. 

B. To determine whether a direct threat exists, an individualized assessment is to be made to ascertain: 

1. The nature, duration, and severity of the risk, 

2. The probability that the potential injury will actually occur, and 

3. Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk. 

V. Control of the Service Animal. 

1. The service animal must be under the control of its handler. In most cases the service animal must have a harness, leash, or other tether. 

2. The service animal does not need to be on a harness, leash, or other tether, however, if the handler is unable because of a disability to use a harness, leash, or other tether. A harness, lease, or other tether is also not required if it would interfere with the service animal’s safe, effective performance of work or tasks. 

3. If either of the harness, leash, or other tether exceptions applies, the service animal must be under the handler’s control via voice control, signals, or other effective means. 

VI. Responsibility for Care and Supervision. 

1. The District is not responsible for the care and supervision of the service animal, including walking the service animal or responding to the service animal’s need to relieve itself. 

2. An employee with a service animal shall provide documentation of ownership, veterinarian vaccinations and health status, proper pet licensure, and liability insurance coverage. 

3. An employee with a service animal shall be solely responsible to maintain and keep current such vaccinations, licensure, and liability insurance, and the District shall not be liable in any manner for any costs or expenses associated with meeting these requirements. 

4. An employee with a service animal shall maintain the service animal so that it will always be clean, well groomed, and not have an offensive odor. 

5. An employee with a service animal shall be solely responsible for any and all costs and expenses associated with the ownership, training, boarding, veterinarian and health care, licensing, insurance coverage, and care and maintenance of the service animal, and the District shall not be liable in any manner therefor. 

6. An employee with a service animal shall be liable for any damage done to the premises or facilities or to any person by the service animal. 

VII. Miniature Horses. 

A. Requests to permit a miniature horse to accompany an employee with a disability on District premises shall be considered in accordance with 28 C.F.R. § 35.136(i). 

VIII. Inquiries. 

A. When addressing a service animal matter, District staff shall not ask about the nature or extent of the employee’s disability. 

B. District staff may not ask questions about the service animal’s qualifications as a service animal when it is readily apparent that the animal is trained to do work or perform tasks for an employee with a disability. Examples include where the service animal is observed guiding an employee who is blind or has low vision, pulling an employee’s wheelchair, or providing assistance with stability or balance to an employee with an observable mobility disability. 

C. When it is not readily apparent that the animal qualifies as a service animal, District staff may ask: 

1. If the animal’s presence is required because of a disability, and 

2. What work or task the animal has been individually trained to perform. 

3. Staff may not require documentation, such as proof that the service animal has been certified, trained, or licensed as a service animal.

Date of Adoption
February 6, 2012
Date of Revision
May 21, 2018

4005: Staffing

4005: Staffing holly Tue, 07/02/2019 - 13:19

The Superintendent, or designee, shall recommend to the Board of Education the number of teachers and other personnel necessary to staff the schools. The recommendation shall be based upon several factors, including, but not limited to: state and federal legal requirements and regulations, board policy and rule, and fiscal responsibility. The recommendation shall be made annually during the budgeting process and may be amended as deemed necessary by the Superintendent, or designee.

Date of Adoption
January 21, 2002
Date of Revision
November 2, 2009
Reaffirmed
March 6, 2017

4005.1: Staffing - Class Size

4005.1: Staffing - Class Size holly Tue, 07/02/2019 - 13:21

Middle School and High School

The District will make reasonable efforts to maintain class size in the middle and high schools it deems appropriate and fiscally responsible for the effective instruction of pupils.

Elementary

For grades kindergarten through five, the Superintendent may assign paraprofessionals to assist teachers where classes equal or exceed the follow number of students:

 

Class size needed           Grades for paraprofessional help*

         K-2                                                   25 

         3-5                                                   28 

    

*Paraprofessional help is defined as one hour per day per classroom.

Date of Adoption
April 17, 1989
Date of Revision
August 2, 1993
December 4, 1995
June 28, 1999
January 21, 2002
November 2, 2009
Reaffirmed
March 6, 2017

4005.2: Staffing - New Buildings

4005.2: Staffing - New Buildings holly Tue, 07/02/2019 - 13:24

School personnel may be assigned to a new school in advance of its opening in order to make proper preparation.  All such advance assignments shall be subject to the approval of the Board.

Date of Adoption
February 4, 1974
Date of Revision
March 15, 2004
Reaffirmed
September 6, 2011
March 6, 2017

4100: Recruitment, Selection, and Non-Discrimination

4100: Recruitment, Selection, and Non-Discrimination holly Tue, 07/02/2019 - 13:27

The District will employ the best qualified applicant for each position. The District does not unlawfully discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, age, or on any other basis prohibited by federal, state, or local laws in admission or access to, or treatment of employment, in its programs and activities. The following person has been designated to handle inquiries regarding the discrimination and harassment policies: The Associate Superintendent of Human Resources, 5606 South 147th Street, Omaha, NE 68137 (402) 715-8200. The Associate Superintendent of Human Resources may delegate this responsibility as needed. Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 4001.2. 

The District may make pre-employment inquiries into the ability of an applicant to perform job related functions. The District will make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability unless to do so would impose an undue hardship. Medical examinations will be required by the District if required by law or applicable regulation or if the inquiry comports with all applicable laws. Applicants will be notified that any job offer is contingent upon a post-offer search for criminal records of the candidate and, if found, a review of such records. 

The District will not make inquiry either orally or through the use of any pre-employment questionnaire or application for the purpose of unlawfully discriminating in the hiring or promotion of any applicant on the basis of, race, color, religion, national origin, gender, marital status, disability, age, or on any other basis prohibited by federal, state, or local laws. 

There will be no discrimination by school officials against any employee because of membership or activity in an employee organization. 

Where required by law or deemed essential by the District, District employees will be duly licensed and/or certified, or will hold a lawful permit. 

The District will not enter into an employment contract with a certificated employee who is already under contract with another school district within Nebraska covering a part or all of the same time of performance as the contract with such other district. 

A District Board member will not be an employee of the District. 

Date of Adoption
February 25, 1980
Date of Revision
March 16, 1992
December 21, 1998
June 21, 2004
October 16, 2006
September 20, 2010
July 9, 2018
Reaffirmed
January 8, 2018

4100.1: Recruitment and Selection: Certificated Staff

4100.1: Recruitment and Selection: Certificated Staff holly Tue, 07/02/2019 - 13:30

Applications will be accepted from candidates who have graduated, or who are preparing to graduate, from accredited colleges and universities.  The Human Resources Office will be responsible for disseminating information about the District and for obtaining and processing all application inquiries.  Applicants inquiring about positions in the District will be directed to the Human Resources Website.

Whenever necessary, representatives of the administrative staff will visit accredited colleges and universities to recruit outstanding prospective candidates.  The Human Resources Office may advertise vacant positions on the Millard Public School’s web page, through local newspapers, social media sites, college and university placement offices, and/or professional organizations.

Selection

The Human Resources Office reviews and screens applications.  When applicants' files are complete, screening and position interviews will be arranged as deemed necessary. Following position interviews, applicants will be notified of the status of their application.

Election of all certificated employees shall be by the action of the Board of Education upon the recommendation of the Superintendent.  No applicant shall be employed to teach unless he or she holds or will hold, at the beginning of the term of the contract, a valid Nebraska Certificate or permit issued by the Commissioner of Education legalizing him or her to teach the grade or subjects to which elected.  The contract for employment will be in writing.

Whenever practical, teachers will not be assigned to teach or coach their own children.


Such nomination and election of employees shall be subject to the provisions of the laws of the State of Nebraska.

Date of Adoption
August 21, 1979
Date of Revision
April 6, 1992
September 7, 1993
December 21, 1998
October 16, 2006
January 21, 2013
Reaffirmed
January 8, 2018
July 9, 2018

4100.2: Recruitment and Selection: Non-Certificated Staff

4100.2: Recruitment and Selection: Non-Certificated Staff holly Tue, 07/02/2019 - 13:34

Recruitment

Persons wishing employment with the District may apply on the District’s Human Resources web page.

Selection

The Human Resources Office reviews and screens applications and interviews are arranged as deemed necessary. Following position interviews, applicants will be notified of the status of their application.


Educational paraprofessionals (known in statute as teacher aides) may be employed for non-teaching duties if and when the District is satisfied that the paraprofessional has been specifically prepared for such duties, including the handling of emergency situations which might arise during the course of his or her work.

Date of Adoption
August 21, 1978
Date of Revision
April 6, 1992
December 21, 1998
October 16, 2006
January, 21 2013
Reaffirmed
January 8, 2018
July 9, 2018

4100.3: Employment Contracts

4100.3: Employment Contracts holly Tue, 07/02/2019 - 13:38

Every contract to which the District is a party shall contain a provision stating that the District will not discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, because of his or her race, color, religion, national origin, gender, marital status, disability, or age.

Employment contracts for certificated personnel will also contain:  1) a provision whereby the employed person affirms that he or she holds or will hold, at the beginning of the contract term, a valid certificate properly registered with the Human Resources Office; 2) a provision that he or she is not under contract with another school district in this state during any portion of the time contemplated by the contract; and 3)  a provision that there shall be no penalty for release from the contract.

Date of Adoption
April 6, 1992
Date of Revision
December 21, 1998
October 16, 2006
January 21, 2013
Reaffirmed
January 8, 2018
July 9, 2018

4105: District Induction Programs: MPS Induction Program - New Administrator Induction Program

4105: District Induction Programs: MPS Induction Program - New Administrator Induction Program holly Tue, 07/02/2019 - 13:41

The Superintendent shall create and maintain a comprehensive District Induction Program for all first through third year newly employed certificated or licensed staff members and first and second year administrators new to their position.

Date of Adoption
February 5, 2001
Date of Revision
October 7, 2002
March 15, 2010
April 4, 2016

4105.1: MPS Induction Program - Newly Employed Certificated or Licensed Staff

4105.1: MPS Induction Program - Newly Employed Certificated or Licensed Staff holly Tue, 07/02/2019 - 13:43

The purpose of the MPS Induction Program is to maximize staff potential and impact student achievement by cultivating relationships that foster personal growth and effectiveness in the District.

I. All first-year and newly employed certificated or licensed staff members (in their first three years of employment) will participate in the MPS Induction Program.

II. Definitions:

A. Staff members participating in the MPS Induction Program are newly employed certificated or licensed staff members.

B. A mentor will be defined as a certificated or licensed staff member who has been employed by the District for a minimum of three (3) years, who is not the first-year or newly employed staff member’s supervisor, or an administrator in the District, who is regularly employed by the District for the instruction of students, who has received mentor training, who has demonstrated the competencies necessary for successful teaching, and who assists a first-year or newly employed staff member toward mastery of teaching competencies. A mentor is assigned a mentee by his/her building principal, supervisor, or Leadership & Learning Department designee and is paid a stipend for providing mentoring services to a first-year or newly employed staff member. Participation is voluntary for the mentor.

C. A buddy will be defined as a certificated or licensed staff member who has not completed the mentor training, but has been identified by his/her building principal or supervisor as demonstrating the competencies necessary for successful teaching and is deemed appropriate to assist a first- year or newly employed staff member toward successful assimilation into the District and building culture. A buddy is assigned a newly employed staff member by his/her building principal, supervisor, or Leadership & Learning Department designee. A buddy is not eligible for a stipend.

D. A mentee will be defined as a first-year or newly employed certificated staff member who has been assigned a mentor.

E. A curriculum contact will be defined as a certificated or licensed staff member who has been identified as demonstrating the competencies necessary for successful teaching and is deemed appropriate to assist a first- year or newly employed staff member toward master of teaching competencies. A curriculum contact is assigned a PreK-12, first- year or newly employed staff member specialist only when that first-year or newly employed staff member specialist is the only specialist in his/her position in the building. A curriculum contact is assigned by the Leadership & Learning Department designee. A curriculum contact is paid a stipend when they are a trained district mentor.

F. A Peer Coaching partner will be defined as a certificated or licensed staff member who has been identified by his/her building principal or supervisor as demonstrating the competencies necessary for successful teaching and is deemed appropriate to participate in Peer Coaching as a partner to a certificated or licensed staff member who is in his/her second year of employment with the District.

III. The MPS Induction Program will include but not be limited to the following.

A. Year One: Assignment of a mentor, buddy, or curriculum contact as appropriate for each first-year or newly employed staff member. This assignment, along with supervision from the building principal, is intended to ensure support for each first-year or newly employed staff member, assistance toward the mastery of teaching competencies, and successful assimilation into the District and building culture. A mentor handbook outlining procedures, roles and responsibilities is provided to all mentors, mentees and administrators.

B. Year Two: Assignment of a Peer Coaching partner will be made for each certificated or licensed staff member in his/her second year of employment with the District. This assignment, along with supervision from the building principal, is intended to ensure that this certificated or licensed staff member gains increased understanding of the Indicators of Effective Teaching and Learning.

C. Year Three: Staff members in their third year of employment will participate in Extended Professional Experiences for certificated or licensed staff.

D. Information about the MPS Induction Program will be communicated on the Leadership & Learning website.

Date of Adoption
February 5, 2001
Date of Revision
October 7, 2002
March 19, 2007
March 15, 2010
April 4, 2016

4105.2: New Administrator Induction Program

4105.2: New Administrator Induction Program holly Tue, 07/02/2019 - 13:46

The purpose of the New Administrator Induction Program is to prepare administrators for their positions in Millard Public Schools. This will be accomplished through professional development aligned to their mutual commitments and job accountabilities.

I. All first-year and newly employed administrators (in their first two years of employment) will participate in the District’s New Administrator Induction Program.

II. The MPS Leadership Framework will serve as a resource to align the professional development, help new administrators self-assess and develop specific leadership skills, and improve staff performance and student achievement.

III. Definitions:

A. Administrators new to their administrative position will participate in the New
Administrator Induction Program.

B. A mentor will be defined as a current administrator who has been employed by the District for a minimum of three (3) years and who is not the supervisor of the new administrator.

C. A mentee will be defined as an administrator in his/her first year of an administrative position.

IV. Information about the New Administrator Induction Program will be communicated on the Leadership & Learning website.

Date of Adoption
April 4, 2016 (rewritten)

4110: Personnel Records

4110: Personnel Records holly Tue, 07/02/2019 - 13:48

The school district will maintain a personnel file on each employee.

Date of Adoption
1974
Date of Revision
November 16, 1987
Reaffirmed
December 7, 1998
April 4, 2005
April 16, 2018

4110.1: Personnel Records

4110.1: Personnel Records holly Tue, 07/02/2019 - 13:51

Each employee is required to provide requested information to the District within the timeline as required by the District. 

Prior to the District making a job offer each candidate must have placed on file in the Human Resources Office: 

1. Application for employment 

2. Waiver for release of employment and criminal history information 

Prior to completing his or her third (3rd) day of work, each employee must have the following item on file in the Human Resources Office: 

1. I‑9 Employment Eligibility Verification 

2. W‑4 Employee's Withholding Allowance Certificate 

3. Nebraska School Retirement System Form 

4. Health, Dental, Life, Section 125, 403(b), 457(b), payroll direct-deposit, and Long-term Disability enrollment forms 

5. Personal Information Form 

6. Valid Nebraska Teaching Certificate or Conditional Permit (certificated personnel only) 

Prior to the sixty-first (61st) calendar day following the employee's first day of work, each certificated employee must have the following items on file in the Human Resources Office: 

1. All current and complete college transcripts 

Failure to provide any of the above documents within the specified time limit may result in disciplinary action up to and including termination of employment. 

Date of Adoption
1974
Date of Revision
November 16, 1987
March 2, 1992
December 7, 1998
April 5, 2005
April 16, 2018

4110.2: Personnel Records Retention

4110.2: Personnel Records Retention holly Tue, 07/02/2019 - 13:54

I. Retention of Personnel Records. 

A. Standardized retention and filing guidelines shall be implemented by the District for the retention and retrieval of personnel records for each District employee and staff member in conformity with applicable state and federal law and the guidelines propounded by the Nebraska Secretary of State, Records Management Division and the District’s policies and rules. 

B. The Human Resources Office shall maintain the employment file of each employee and staff member of the District. The District shall take steps to ensure that the confidentiality and privacy of staff and personnel records are maintained as provided by state and federal law and the District’s policies and rules. 

C. The Associate Superintendent for Human Resources shall maintain the Employment History file for each District employee or staff member. 

D. The records maintained subject to this Rule may be destroyed immediately after electronic imaging of such records in compliance with the applicable guidelines propounded by the Secretary of State’s office, Records Management Division and applicable state and federal statutes. 

II. Transfer of Supervisory File 

A. Each employee’s annual cumulative evaluation shall be sent to the Human Resources Office for inclusion in the Employee History File. A copy shall be retained in the Supervisory File. 

B. When an employee transfers to another supervisor, the Supervisory File shall be forwarded to the new supervisor. 

C. Upon termination of employment, the Supervisory File shall be forwarded to the Human Resources Office for disposition. 

III. Guidelines for Maintenance and Retention of Personnel Records. 

A. Personnel records of the District shall be maintained for a minimum of three (3) years. 

B. Personnel records shall be stored electronically imaged annually or as often as practicable in accordance with procedures and guidelines established by the Nebraska Secretary of State. Once imaged and indexed, the original documents shall be destroyed. Electronic images and their indexes (or the original documents, if not filmed or imaged) shall be maintained for the minimum number of years listed below:

1. Employment History File: Fifty years following the date of termination of employment for employees in a defined benefit retirement plan. For all other employees, ten years following the date of termination of employment. 

2. INS Form I-9 (information to be kept separate from Employment History File): Five years after date of hire or one year after separation or termination, whichever is later.

3. Benefit Enrollment and employee’s insurance enrollment: Five years after termination of employment; Salary Deduction, five years after form is superseded or becomes obsolete.

4. First Report of Accident or Occupational Disease, Injury or Illness: Five years after end of year to which they relate; Medical Examinations and Reports of Employee Exposures to Toxic Substances or Blood Borne Pathogens: Thirty years after separation of employment. Worker’s Compensation Reports: Four years after date of report.

5. FMLA, Disability, and other leave of time off requests: Five years.

6. Grievances, reports submitted by employees of an alleged grievance: Three years after all actions and appeals or after no longer of reference value, whichever is later.

7. Complaints filed by employees or persons concerning decisions or actions of the District, including unfair or discriminatory employment practices or workplace harassment: One year for complaints by involuntarily terminated employees; Four years for disciplinary records related to workplace harassment Three years for complaints and no action was taken; Three years after action and appeals are complete and final for complaints resulting in action. 

8. Materials of those not hired: Four years after date of personnel action to which the record related.

Date of Adoption
May 17, 2004
Date of Revision
October 17, 2011
April 16, 2018

4115: Access to Personnel Files

4115: Access to Personnel Files holly Tue, 07/02/2019 - 13:57

Upon request, any employee shall have access to his/her personnel file, and shall have the right to attach a written response to any item in such file.  The employee may, in writing, authorize any other person to have access to such file, which authorization shall be honored by the District.  Such access and right to attach a written response shall not be granted with respect to any letters of recommendation solicited by the District which appear in the personnel file.

No other person except school officials engaged in their professional duties shall be granted access to such file and the contents thereof shall not be divulged in any manner to any unauthorized person.

The District shall adopt measures necessary to ensure that the confidentiality of said personnel files shall be maintained as required by applicable law.

Date of Adoption
June 5, 1978
Date of Revision
March 16, 1992
December 21, 1998
Reaffirmed
February 21, 2005
November 21, 2011
September 18, 2017

4115.1: Access to Personnel Files

4115.1: Access to Personnel Files holly Tue, 07/02/2019 - 13:59

Employees shall have access to their personnel file provided however, that a written request for access is made to the Human Resources Office.  An authorized representative of the employee shall also have access to the employee’s personnel file, provided, however, that the authorized representative shall have written authorization permitting him/her to have access to the personnel file and, provided further, that the District, its officers, and employees are relieved of any liability in the event that the authorized representative discloses the contents of the personnel file to any unauthorized source.

Within five working days of the receipt of the request for access, the Human Resources Office shall advise the person making the request of the time and place where he/she can have access to the personnel file.

During the regular work day and at a place selected by the Human Resources Office, the person making the request shall be permitted to examine all documents in the personnel file except those items which are prohibited by law from being disclosed.  A representative from the Human Resources Office shall be present during the examination.

If a person elects to attach a written response to any item in such file, he/she shall present it to the representative of the Human Resources Office who shall thereupon attach it to the file in a manner which prevents defacing, obliteration or damage to the contents of the personnel file.

Such access and right to attach a written response shall not be granted with respect to any letters of recommendation solicited by the District which appear in the personnel file.

No person shall be allowed to remove, copy or reproduce any material in his/her personnel file except and only to the extent that he/she is permitted by order of a court of competent jurisdiction, or is permitted to by law.

No other persons except school officials engaged in their professional duties shall be granted access to such file and the contents thereof shall not be divulged in any manner to any unauthorized person.

Date of Adoption
June 5, 1978
Date of Revision
April 6, 1992
December 21, 1998
February 21, 2005
November 21, 2011
Reaffirmed
September 18, 2017

4120: Personnel Lists

4120: Personnel Lists holly Tue, 07/02/2019 - 14:02

Personnel lists and any District staff directory will not be provided to any person or agent other than District personnel, without the permission of the Superintendent or designee.  Upon written request, the Superintendent or designee will provide salaries and names of employees by building.  Employee home addresses, cell and home phone numbers, District employment positions, and District employment email addresses, constitute personal information regarding District personnel and will not be disclosed.  Employee home addresses, cell and home phone numbers, District employment positions, and District employment email addresses, do not constitute routine directory information.

Date of Adoption
October 7, 1974
Date of Revision
September 23, 2002
September 4, 2012
Reaffirmed
February 17, 1997
December 7, 2009
September 16, 2019

4125: Certification

4125: Certification holly Tue, 07/02/2019 - 14:04

I. All persons holding the official title of (1) superintendent of schools, (2) principal or supervisor of an accredited school, or (3) supervisor of any special subject or subjects in which such persons actually supervise the work of other teachers in that subject or those subjects shall hold a Nebraska certificate to administer. 

II. Except as provided in Section III, each person employed to teach shall hold a valid Nebraska certificate or permit issued by the Commissioner of Education legalizing him or her to teach the grade or subjects to which elected. 

III. The District may employ persons who hold a valid certificate or permit to teach issued by another state as a substitute teacher for not more than ten (10) working days if the person begins the application process, on the first day of employment, for a Nebraska substitute teaching certificate and the issuance of such certificate is pending. 

IV. Persons not holding a valid Nebraska teaching certificate or permit issued by the Commissioner of Education may be employed to serve as aides to a teacher or teachers. Such teacher aides may not assume any teaching responsibilities. A teacher aide may be assigned duties which are non-teaching in nature if the aide has been specifically prepared for such duties, including the handling of emergency situations which might arise in the course of his or her work. 

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
August 16, 1993
December 17, 2001
June 1, 2009
September 19, 2016

4125.1: Certificate Registration, Renewal, or Change of Name

4125.1: Certificate Registration, Renewal, or Change of Name holly Tue, 07/02/2019 - 14:07

Registration

Each teacher or administrator shall register his or her certificate or permit with the District. The Superintendent or District administrator shall endorse on the certificate that it has been registered and the date of registration. No employment of a teacher or administrator shall be valid until the certificate is registered. Failure to register or maintain a certificate valid for the position for which employed shall result in loss of pay during the time the certificate is invalid.

Renewal

Upon the expiration of an administrator’s or teacher’s certificate, it is the administrator’s or teacher's responsibility to make application for its renewal. Renewal forms are available online through the Nebraska Department of Education.

Change of Name

If an administrator’s or teacher’s name should change by marriage, divorce, or by any other circumstance, it is the administrator’s or teacher’s responsibility to have the name changedon his or her certificate.

State Reporting

The District shall file with the Nebraska Department of Education an annual report which shall specify the names of all individuals employed by the District who are required by law to hold a certificate and such other information as the Commissioner of Education directs. The Superintendent or his/her designee shall promptly transmit to the Nebraska Department of Education the name of the teacher or administrator to be employed, together with the position to which employed, if the teacher or administrator is employed after the submission of the fall personnel report. The teacher or administrator shall not be reimbursed for any services to the District after the date of receipt of any notification by the Department of Education to the District that a teacher or administrator has not been issued a certificate or given evidence of application to the Nebraska Department of Education and qualification for a certificate of permit.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
July 26, 1999
December 17, 2001
June 1, 2009
September 19, 2016

4126: Job Qualification

4126: Job Qualification holly Tue, 07/02/2019 - 14:11

On the Superintendent’s recommendation, the Board of Education may employ a candidate who does not meet all of the required qualifications listed in the job description for the position; provided, however, that the candidate has satisfied all requirements imposed by law.  Such a candidate may be employed for a one year period, with the stipulation that all requirements will be met by the end of the period.  If the candidate fails to meet these requirements, the candidate’s employment with the District may be terminated unless renewed for additional one-year periods.  Nothing in this policy will conflict with any of the District’s policies or rules governing an employee’s grievance rights.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
January 22, 2001
June 3, 2019
Reaffirmed
August 11, 2008
December 15, 2014

4130: Examinations

4130: Examinations holly Tue, 07/02/2019 - 14:26

The Millard School District may make pre-employment inquiries into the ability of an applicant to perform job-related functions. 

Date of Adoption
September 5, 1978
Date of Revision
August 3, 1992
September 20, 1993
December 3, 2001
Reaffirmed
February 16, 2009
October 19, 2015

4130.1: Health Examinations

4130.1: Health Examinations holly Tue, 07/02/2019 - 14:29

The District may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, provided:

I. All entering employees in the same job category are subjected to such an examination regardless of disability;

II. Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that --


A. Supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

B. First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and

C. Government officials investigating compliance with the Americans with Disabilities Act shall be provided relevant information on request; and

III. The results of such examination are used only in accordance with the Americans with Disabilities Act.

The District shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.

Date of Adoption
September 20, 1993
Date of Revision
December 3, 2001
Reaffirmed
February 16, 2009
October 19, 2015

4130.2: Bus or Small Vehicle Drivers

4130.2: Bus or Small Vehicle Drivers holly Tue, 07/02/2019 - 14:34

Before the opening of a school term or before operating a school bus or small vehicle, persons operating a school bus or small vehicle shall each year submit himself or herself to (a) an examination to be conducted by a driver’s license examiner of the Department of Motor Vehicles to determine his or her qualifications to operate such bus or small vehicle; and (b) an examination by a licensed physician to determine whether or not he or she meets the physical and mental standards established pursuant to state law. The cost of such physical examination shall be paid by the District. The school bus or small vehicle operator shall furnish the Director of Transportation of the Millard School District and the Director of Motor Vehicles a written report of each such examination on standard forms prescribed by the State Department of Education, signed by the person conducting the same, showing that he or she is qualified to operate a school bus or small vehicle and that he or she meets the physical and mental standards. Such permit must be received by the Director of Transportation of the Millard School District prior to the school bus or small vehicle operator being permitted to transport students or staff. If the Director of Motor Vehicles issues the special school bus or small vehicle operator’s permit, the holder of such permit shall have it on his or her person at all times while operating a school bus or small vehicle.

Date of Adoption
September 20, 1993
Date of Revision
December 3, 2001
Reaffirmed
February 16, 2009
October 19, 2015

4135: Assignment, Reassignment and Transfer

4135: Assignment, Reassignment and Transfer holly Tue, 07/02/2019 - 14:37

The District shall develop procedures for the assignment, reassignment and transfer of its employees.

The assignment, reassignment and/or transfer of administrators shall be made by the Superintendent and approved by the Board.

Date of Adoption
October 7, 1974
Date of Revision
March 16, 1992
August 16, 1993
February 18, 2002
Reaffirmed
October 19, 2009
February 6, 2017

4135.1: Transfer, Change of Assignment, Job Posting

4135.1: Transfer, Change of Assignment, Job Posting holly Tue, 07/02/2019 - 14:40

The Human Resources Office will post available vacancies as and when they occur on the District web site. Vacancies will be advertised through electronic and print media as deemed necessary by the Human Resources Office. Each posting will include information concerning appropriate job descriptions, application forms, and application deadlines. Job posting may be suspended during the two weeks immediately preceding and one week immediately following the first student day of a new school year. Such suspension shall be for the purpose of facilitating the timely opening of school. 

Employees who wish to apply for a posted position must complete the designated application form and submit it to the Human Resources office within the specified time limit. Applications will be reviewed by the Human Resources office and interviews may be scheduled with the immediate supervisor and others as deemed appropriate by the Human Resources Office. Positions will not be filled prior to the conclusion of the period to which the posting applies. 

A Human Resources officer, in conjunction with the building administrators, shall determine how and which interviews shall be conducted and shall determine what transfers shall be or shall not be approved and recommended to the Superintendent. Each applicant shall be notified of the action taken. Each request shall be considered in terms of (a) qualifications of the applicants; (b) available vacancies; (c) number of transfer requests; (d) number of transfers which have to be made for administrative reasons; (e) balancing school staffs; (f) utilizing staff members to maximum efficiency; (g) retaining strength on each school's and/or department's staff; and (h) the best interests of the District. Transfers during the school year will be discouraged. 

Nothing in this Rule shall restrict a principal or supervisor from making internal transfers of comparable positions within his or her own school and/or department. Such transfers are not subject to posting. 

The Superintendent or his or her designee may assign, reassign and/or transfer any employee at any time. 

A certificated employee does not have a right to a specific assignment so long as such certificated employee is assigned to duties for which he or she is qualified by reason of certification, endorsement, or college preparation.

Date of Adoption
October 7, 1974
Date of Revision
August 21, 1978
April 6, 1992
August 16, 1993
February 18, 2002
October 19, 2009
Reaffirmed
February 6, 2017

4137: Job Sharing

4137: Job Sharing holly Tue, 07/02/2019 - 14:44

The Millard Public School District may consider job-sharing requests from employees who desire such an opportunity when such employment arrangement benefits the educational process of the District


The conditions and limitations for application and participation shall be set forth in Board Rule and will be administered by the Superintendent or designee.

Date of Adoption
February 21, 2000
Date of Revision
May 2, 2005
September 17, 2018

4137.1: Job Sharing - Teachers

4137.1: Job Sharing - Teachers holly Tue, 07/02/2019 - 14:45

Job sharing involves two certificated individuals sharing responsibilities of one full-time teaching position. Millard Public Schools may provide the option of job sharing when it is deemed to be beneficial to the education of students and the school district and shall be implemented as follows:

1. Job share applicants must be permanent certificated staff employed by the Millard Public Schools at the time the job sharing commences.

2. Job sharing applications are voluntary and self-nominated. Individuals interested in job sharing must submit a job share application to the building administrator not less than 90 days prior to the commencement of the job share. The building administrator shall meet with the members of the job-share team for the purpose of reviewing the proposed daily/weekly/annual work schedule and shall approve of such proposed schedule prior to submission to the Superintendent or Designee. The schedule must be in writing and must be attached to the application. After reviewing the application, the schedule and this rule with the applicants, the building administrator shall forward the application, along with a recommendation for approval or denial, to the Superintendent or designee for consideration and approval or denial. The decision to approve or deny any job share request shall be in the sole discretion of the Superintendent or Designee and the denial by the Superintendent or Designee of any such request for any reason shall not be an abuse of discretion and shall not be subject to a grievance or review.

3. Each job share employee shall receive compensation and benefits as a part-time employee in accordance with the applicable negotiated agreement and Board policy. A job-share teacher will receive credit for teaching experience pursuant to the negotiated agreement and applicable state law.

4. Each job share employee shall participate in all fall workshops, parent-teacher conferences and District staff development programs or meetings. At least one job share team member from each job share team shall attend all staff meetings and building staff development and such attendance shall be shared equally by each team member. No additional compensation will be provided for these duties.

5. In the event that one member of the job share team is unable or fails to report to work, pursuant to the approved schedule, the other job share teacher will substitute and perform the assigned duties for no additional compensation. Paid leave, including sick leave, bereavement leave, personal leave, or paid family medical leave, may not be used by the job share members during the term of the job share. All leaves will be unpaid during the term of the job share. The job share team shall, with the approval of the building Administrator, adjust the schedule to accommodate the scheduling needs of each of the job share members as necessary. It shall be the responsibility of the job share team to track the work days of any adjusted work schedule and to agree to an equitable time or assignment adjustment on or before the conclusion of the school year. In the event the job share team is unable or refuses to agree on an equitable time settlement, the job share team shall be dissolved and the Superintendent, or Designee, shall determine such equitable time settlement and such determination shall be final and binding on the job share team members. Job share teachers shall be credited for the accumulation of sick leave based upon the percentage of FTE of their job share for each year, and shall be permitted to accumulate such sick leave for future use; but the job share teachers shall not be entitled to use any paid sick leave during the term of the job share agreement.

6. Job share teams shall meet and confer with all interested parents before the school year/ semester regarding job sharing, schedules and division of duties and to address any questions or concerns of such parents. Interested parents are those whose children will be students of the job-share team.

7. Job sharing arrangements will be reviewed by the principal and the Superintendent or Designee a minimum of once each year; however, they may be reviewed more frequently should the need arise. A job share agreement shall not be deemed continuing and shall be limited to one school year and shall automatically terminate at the conclusion of the school year. Job share teams must request to continue the job share arrangement by reapplying each year as provided herein. Continuation of the Job Share shall be at the sole discretion of the Superintendent or Designee and such decision shall not be subject to a grievance or review.

8. Each job share employee’s contract will be amended to 0.5 FTE prior to the commencement of the contract period of the job sharing. Job sharing employees who wish to return to full-time positions shall notify the Superintendent or Designee in writing prior to February 1st and follow the School District’s procedures for applying for posted positions. A return to full-time employment (1.0 FTE) status is not guaranteed.

9. If one job sharing partner is removed, dismissed, resigns, or otherwise is separated from service, the remaining job-share teacher must:
a. assume the role on a full-time basis; or 

b. find another job-share partner (with approval of the District); or
c. apply for and be selected to fill another part-time position in the District (if available and approved by the District); or
d. resign.

10. The Superintendent or designee shall be responsible for reviewing, evaluating and recommending all guidelines that pertain to job sharing.

11. The Superintendent in his/her sole discretion may discontinue the use of any job-share team at any time and such decision shall not be an abuse of discretion and shall not be subject to grievance or review. In the event that the Superintendent discontinues the use of any job-share team, the job-share team members shall: a. accept either the part-time (0.5 FTE) or full-time (1.0 FTE) teaching assignment offered by the District; or
b. resign.

Date of Adoption
February 21, 2000
Date of Revision
May 2, 2005
Reaffirmed
September 17, 2018

4140: Responsibilities and Duties

4140: Responsibilities and Duties holly Tue, 07/02/2019 - 14:47

Employees are expected to maintain the highest professional standards, to fulfill all responsibilities assigned, and to follow procedures and regulations developed by the District in accordance with District Policies and Rules established by the Board of Education.

Date of Adoption
October 7, 1974
Date of Revision
February 17, 1997
February 18, 2002
February 21, 2005
January 23, 2012
September 5, 2017

4140.1: Responsibilities and Duties - Certificated

4140.1: Responsibilities and Duties - Certificated holly Tue, 07/02/2019 - 14:51

Knowledge of Policy and Rule. The employee is responsible to know and abide by all Policies and Rules of Millard Public Schools. The employee shall acknowledge, in writing, that he/she has received a Policy Document which outlines the major policies for the District and states employees are responsible for knowing all District Policies and Rules In the event such employee is unclear about the Policies, Rules, and/or procedures provided in the Policy Document, the employee shall seek an interpretation and clarification from his or her immediate supervisor and/or the Human Resource Office. 

Time Required 

Certificated employees shall perform assigned duties within the number of days as determined by the District and set forth in the applicable contract between the certificated employee and the District, including any extended or reduced days. 

The District reserves the right to require certificated employees to report to work outside the regularly scheduled contract days until all official work assigned to the employee has been completed. 

Extra Duty 

1. Certificated employees may be assigned extra responsibilities as deemed neces­sary by the District to carry out the programs of the Millard Public Schools. Extra responsibilities may include, but is not limited to, extra duty activity responsibilities and/or attending activities in a supervisory role. 

2. Certificated employees are encouraged to attend parent‑teacher organization 
meetings, and other school functions which affect their professional duties, building programs and the District. 

Dress 

Each certificated employee should consider it his/her responsibility to be dressed and groomed in a manner that reflects honor on the teaching profession and sets a good example for students. If, in the opinion of the employee’s direct supervisor, an employee's dress and grooming do not present a positive image, it will be the responsibility of that supervisor to encourage the employee to change his or her dress and grooming habits. 

Lesson Plans

Each teacher shall continuously maintain a complete set of current lesson plans. Plans shall be sufficiently complete so that they can easily be used by the teacher or a substitute teacher. 


Job Responsibilities 

An employee’s responsibilities and duties are contained in the job description provided to the employee. Each employee may be assigned additional responsibilities and duties as may be deemed necessary by the District. 

Evaluation Process 

Each employee is responsible for his/her successful participation in the District’s personnel evaluation process.

Date of Adoption
October 7, 1974
Date of Revision
November 7, 1986
July 20,1992
December 7, 1992
February 18, 2002
February 21, 2005
September 5, 2017

4140.2: Responsibilities and Duties- Non-Certificated

4140.2: Responsibilities and Duties- Non-Certificated holly Wed, 07/03/2019 - 13:35

I. Knowledge of Policy and Rule: The employee is responsible to know and abide by all Policies and Rules of Millard Public Schools. The employee shall acknowledge, in writing, that he or she has received a Policy Document which outlines the major policies for the District and states employees are responsible for knowing all District Policies and Rules In the event such employee is unclear about the Policies, Rules, and/or procedures provided in Policy Document, the employee shall seek an interpretation and clarification from his or her immediate supervisor and/or the Human Resource Office. 

II. Days Scheduled to be Worked: Each employee shall be informed of his or her projected work schedule. The District reserves the right to change the work schedule with respect to scheduled days, the hours of work, number of days worked, or to increase or decrease the extent of the work provided in the employee’s job description. An employee’s work schedule is not a guarantee of continued employment nor a contract of employment and is provided to the employee only for the purpose of informing the employee as to the days and hours the employee is to perform his or her duties. 

III. Job Responsibilities: An employee’s responsibilities and duties are contained in the job description provided to the employee. All employees may be assigned additional responsibilities and duties as may be deemed necessary by the District. 

IV. Hours of Work for Non-Exempt Employees: Each employee or other employees not exempt from the overtime provisions of the Fair Labor Standards Act shall be paid for each hour or fraction thereof the employee works. Each employee is to work those hours as requested by his or her supervisor and as approved by the Human Resource Office pursuant to the following rules: 

A. Hours worked are to be recorded accurately on time records issued by the District; 

B. Each employee who, with supervisor approval works more or less than his or her normal hours on any given day may be given an equal number of hours off or work an equal number of make-up hours on another day during the same work week if the “flexed time” is equal to or less than two hours per work day; 

C. If an employee, with supervisor approval, works less than his or her normal work hours on any given day, the employee will take appropriate leave if the time change is more than two hours in the given day; 

D. If an employee, with supervisor approval, works more than his or her normal work hours, the employee shall not take a corresponding equal number of hours off in the same work week, if the time off is more than two hours in any given day; 

E. Each employee required to work beyond forty hours in one week shall be compensated for such additional time at the rate of one and one‑half of his or her normal hourly rate; 

F. The District does not permit accumulation of “compensatory time” (vacation time) in lieu of overtime; 

G. Employee breaks (including, but not limited to, unpaid lunch breaks and paid breaks) shall not be taken during the first or last hour of the work day; 

H. Paid break times, when applicable, are as scheduled by the supervisor and may not be used to extend the employee’s lunch period; 

I. An employee is not to work more than the hours assigned; 

J. The District’s Human Resources Office may grant exceptions to Subsections B, C, D, G, and H of this Section when the needs of the District are best served through an exception. 

V. Dress: Employees are responsible for providing a positive professional image to students and the community. If, in the opinion of the employee's direct supervisor, an employee’s dress and grooming do not present a positive professional image, it will be the responsibility of that supervisor to encourage the employee to change his or her dress and grooming habits. 

VI. Job Responsibilities: An employee’s responsibilities and duties are contained in the job description provided to the employee. Employees may be assigned additional responsibilities and duties as may be deemed necessary by the District. 

VII. Evaluation Process: Each employee is responsible for his/her successful participation in the District’s personnel evaluation process.

Date of Adoption
July 20, 1992
Date of Revision
January 18, 1993
December 15, 1997
February 18, 2002
February 21, 2005
July 12, 2010
September 5, 2017

4141: School Day for Staff

4141: School Day for Staff holly Wed, 07/03/2019 - 13:42

Members of the professional staff shall be on duty before and after the regularly scheduled student school day long enough to plan and to carry out their individual professional responsibilities as determined by the Superintendent of schools and/or the building principals.

Date of Adoption
April 20, 1981
Date of Revision
December 21, 1998
Reaffirmed
February 7, 2005
January 9, 2012
November 5, 2018

4141.1: School Day for Staff

4141.1: School Day for Staff holly Wed, 07/03/2019 - 13:57

The specific hours of the school day for students and teachers of each school building will be established by the Superintendent. Teachers and other professional employees of the District may be required to be present and on duty when students are engaged in District or school curricular and extracurricular activities. Exceptions may also occur when their presence is required for particular District and/or building needs. 

When needed, teachers are expected to be available for any duties assigned by the Superintendent or designee during time periods which occur either before or after the normally scheduled work day. 
 

Date of Adoption
September 2, 1975
Date of Revision
December 21, 1998
February 7, 2005
November 5, 2018
Reaffirmed
January 9, 2012

4145: Political Activities: Public Office

4145: Political Activities: Public Office holly Wed, 07/03/2019 - 14:00

Unless specifically restricted by federal or state law, no employee shall be prohibited from participating in political activities except during the school day or when otherwise engaged in the performance of his or her official duties as an employee of the District. No employee shall use his or her employment and duties performed thereunder to promote or participate in political activities or public office activities, promote the political party of his or her choice, campaign for candidates for public office, campaign for and be elected to public office for themselves, or conduct duties as an official in a political party.

Date of Adoption
February 25, 1980
Date of Revision
July 19, 1993
January 21, 2002
December 4, 2006
October 7, 2013

4145.1: Political Activities - Public Office

4145.1: Political Activities - Public Office holly Wed, 07/03/2019 - 14:07

Personnel:

 

I. District employees shall make it clear that their political opinions, statements and activities represent their individual beliefs and that they do not represent any opinions or viewpoints of the District.

II. Employees shall not engage in political activities or perform political responsibilities during school hours or when performing their duties as a district employee.

A. For purposes of this Rule, political activities includes seeking election or appointment to public office, campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question, or engaging in activity on behalf of a political party, elected official, candidate for office, or campaign committee.

III. Employees engaged in political activities shall not use District resources, property, or funds at any time for such political activities.  Employees seeking or holding public office shall not seek advice or assistance for their campaign or public office activities from other District employees during school hours or when performing their duties as a District employee.  Employees shall not use the privileges gained through employment with the District to promote political candidates, public office holders, political issues, or partisan political activities.

IV. Employees planning to seek an elected office or to accept a political appointment should be aware of all federal and state statutes regarding conflicts of interest and requirements for the position and shall be solely responsible for compliance with such statutes and requirements.

V. Employees wishing to accept appointment to public office or seek election to public office which requires time away from or impact upon the performance of the employee’s duties from the employee’s District position shall abide by the following:

A. A written notice of intent to accept an appointment or to announce and campaign for public office shall be submitted to the Superintendent’s office.  The notice shall disclose the office the employee is seeking and the time commitment required and whether the employee is requesting a leave of absence.  Any requested leave related to an appointment to public office or to campaign for public office shall follow District Policies and Rules.

B. In the event the employee wishes to accept re-appointment or to seek re-election to public office, he or she must re-submit his or her written intent and request for leave under this Rule.

VI. Employees shall not interfere with the exercise of the political rights and responsibilities of students, colleagues, parents, school patrons, or Board members, and shall protect the political rights of all individuals.

Distribution of Political Materials:

VII. Employees and employee groups are prohibited from distributing political materials intended to promote a person, candidate, public office holder, ballot question or political party to students, parents or other District employees on District property during working hours.  All District communication systems including the District e-mail system may not be used to distribute such political materials.  Informational material prepared by the District that does not qualify, support or oppose a ballot question may be distributed through all District communication systems including the District e-mail system, newsletters and other school publications to school employees and the community.  Public records demonstrating the consequences of the passage or defeat of a ballot question affecting the District may be posted on District websites.

Classroom XE "Discussion of Politics"Discussion of Politics:

VIII. Political discussions in the classroom shall be allowed when the primary purpose is instructional as opposed to the advancement of a candidate, a public office holder, a ballot question, a political party, or a political belief.  Open forums, bipartisan discussions, or classroom discussions with candidates or public office holders will be deemed instructional, provided, however, that such discussions or presentations do not become partisan, one-sided, or result in the promotion of a particular political belief as opposed to providing the student with an opportunity to make up his or her own mind.  Political materials relevant to and a part of the political discussion may be displayed when the purpose of the display is instructional.

 XE "Board Members"Board Members:

 IX. No member of the Board shall be an employee of the District.

Date of Adoption
February 25, 1980
Date of Revision
July 19, 1993
January 21, 2002
December 4, 2006
October 7, 2013

4150: Freedom of Speech

4150: Freedom of Speech holly Wed, 07/03/2019 - 14:11

The District’s personnel have the constitutional right to freedom of speech. The Board recognizes that no freedom is absolute, and that at least three sources of potential limitation to freedom of speech should be considered by all personnel:

I. Legal

The District can restrict freedom of speech provided the restriction is within legal limits. As a general rule, personnel will not be disciplined for speaking as a citizen upon matters of public concern unless that person’s interest in such speech is outweighed by the District’s reasonable belief that the speech would interfere with the educational process, undermine school authority, or disrupt close working relationships.

II. Societal

Communities vary in what they will tolerate in classroom discussion. Limits of such tolerance change with time and place. Differences of opinion between teachers and community feelings may be more a matter for tolerance of another’s opinion than a matter for court adjudication.

III. Professional

Employees and their organizations are responsible for making decisions on what effect insisting on the exercise of free speech, or accepting some degree of regulation thereof, will have both on their role as employees and on their ultimate effectiveness as an employee within the District.

The Board requests that any differences of opinion about the exercise or abridgment of free speech within or among members of the Board and employees be examined by all parties concerned in the light of the above three sources of potential limitation.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
January 22, 2001
Reaffirmed
August 11, 2008
December 15, 2014

4153: Professional Boundaries and Staff Relationships with Students

4153: Professional Boundaries and Staff Relationships with Students holly Wed, 07/03/2019 - 14:15

Employees are prohibited from establishing or attempting to establish an inappropriate personal relationship with students. An inappropriate personal relationship between an employee and a student is defined as including, but is not limited to: dating; any touching of an intimate or sexual nature, sexual contact or sexual relations, any touching otherwise prohibited by law or objected to by the student; giving a gift having a sexual overtone, making comments of a sexual nature or reflecting sexual innuendo to or about a student; conduct considered to be “grooming” of such student, or any similar activity. 


Any employee who has knowledge or reasonably suspects that another employee may have engaged in prohibited conduct as defined by this policy shall immediately report this information to either the employee’s supervisor, the student’s principal or the Associate Superintendent for Human Resources. 

Date of Adoption
July 9, 2018

4153.1: Professional Boundaries and Staff Relationships with Students

4153.1: Professional Boundaries and Staff Relationships with Students holly Wed, 07/03/2019 - 14:17

All employees are expected to comply with the Professional Code of Conduct, and to observe and maintain professional boundaries between themselves and students. A violation of such professional boundaries will be regarded as a form of misconduct and may result in disciplinary action. 

All electronic communication with students will only occur through the District e-mail system or District approved communication systems. 

The following non-exclusive list of actions will be regarded as a violation of the professional boundaries and staff relationships with students that employees are expected to maintain with a student includes, but is not limited to: 

· Text-messaging students, unless the student is a child or family friend of the employee. 

· Any communication with students in an inappropriate, immoral or unethical manner. 

· Engaging in private social-networking communication with a student on a social networking site, unless the student is a child of the employee or family friend. Material that employees post on social networks that is publicly available to those in the school community should reflect the professional image applicable to the employee’s position and not impair the employees capacity to maintain the respect of students and parents or impair the employees ability to serve as a role model for students. 

· Engaging in sexual activity, a romantic relationship, or dating a student or a former student within one year of the student graduating or otherwise leaving the District. 

· Making any sexual advances – verbal, written, or physical – towards a student. 

· Showing sexually inappropriate materials or objects to a student. 

· Discussing with a student sexual topics that are not related to a specific curriculum. 

· Telling sexual or inappropriate jokes to a student. 

· Invading a student’s physical privacy (e.g., walking in on the student in a restroom), except as appropriate in relation to the child’s needs. 

· Being overly “touchy” with a specific student. 

· Addressing students or permitting students to address staff members with personalized terms of endearment, pet names, or otherwise in an overly familiar manner. 

· Allowing a specific student to get away with misconduct that is not tolerated from other students, except as appropriate for students with an IEP or 504 plan. 

· Discussing with the student the employee’s problems that would normally be discussed with adults (e.g., marital problems). 

· Giving a student a ride in the employee’s personal vehicle without express permission of the student’s parent/guardian and school administrator unless another adult is in the vehicle and except in circumstances that are appropriate, such as driving a babysitter home or driving the friend or teammate of the employee’s child home. If there is any question as to whether it is appropriate or not, the employee should notify the employee’s direct supervisor for direction. 

· Taking a student on an outing without obtaining prior express permission of the student’s parent and school administrator. 

· Inviting a student to the employee’s home without prior express permission of the student’s parent and school administrator 

· Going to the student’s home when the student’s parent or a proper chaperone is not present 

· Giving gifts of a personal nature to a specific student 

Reporting Violations 

Students and their parents/guardians are strongly encouraged to notify the principal (or other administrator) if they believe a teacher or other staff member may be engaging in conduct that violates this Rule. 

Staff members are required to promptly notify the principal (or other administrator) or the Associate Superintendent of Human Resources, if they become aware of a situation that may constitute a violation of this Rule. 

If a student contacts a staff member and they do not use the District e-mail system or designated communication system, the staff member must notify their immediate supervisor of the communication within 24 hours, unless circumstances warrant and immediate contact. The staff member is also responsible to ensure student is aware of and utilizes District approved communication systems.

Date of Adoption
July 9, 2018

4155: Code of Ethics

4155: Code of Ethics holly Wed, 07/03/2019 - 14:29

The Board recognizes, endorses and adopts the Standards of Ethical and Professional Performance as established by the Nebraska Department of Education.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
June 2, 2003
September 7, 2010
Reaffirmed
January 5, 1998
October 1, 2018

4155.1: Code of Ethics

4155.1: Code of Ethics holly Wed, 07/03/2019 - 14:34

Standards of Ethical and Professional Performance

The District Board hereby endorses and communicates to its staff the generally accepted minimal standards of professional practices adopted by the Nebraska State Board of Education.

I. Preamble 

The educator shall believe in the worth and dignity of human beings. Recognizing the supreme importance of the pursuit of truth, the devotion to excellence and the nurture of democratic citizenship, the educator shall regard as essential to these goals the protection of the freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator shall accept the responsibility to practice the profession to these ethical standards.

The educator shall recognize the magnitude of the responsibility he or she has accepted in choosing a career in education, and engages, individually and collectively with other educators, to judge his or her colleagues, and to be judged by them, in accordance with the provisions of this code of ethics.

The standards listed in this section are held to be generally accepted minimal standards for public school certificate holders in Nebraska with respect to ethical and professional conduct and are, therefore, declared to be the criteria of ethical and professional performance adopted pursuant to the provisions of Section 79-866 Neb. Rev. Stat. for holders of public school certificates.

II. Principle I Commitment as a Professional Educator:

Fundamental to the pursuit of high educational standards is the maintenance of a profession possessed of individuals with high skills, intellect, integrity, wisdom, and compassion. The educator shall exhibit good moral character, maintain high standards of performance and promote equality of opportunity.

In fulfillment of the educator's contractual and professional responsibilities, the educator:

A. Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.

B. Shall not discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, or age.

C. Shall not use coercive means, or promise or provide special treatment to students, colleagues, school patrons, or school board members in order to influence professional decisions.

D. Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.

E. Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage.

F. Shall not sexually harass students, parents or school patrons,employees, or board members.

G. Shall not have had revoked for cause a teaching certificate, administrative certificate, or any certificate enabling a person to engage in any of the activities for which a special services certificate is issued in Nebraska.

H. Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.

I. Shall report to the Commissioner and the District Superintendent any known violation of Principle I, letter G; Principle III, letter E; or Principle IV, letter B.

J. Shall seek no reprisal against any individual who has reported a violation of this code of ethics.

III. Principle II Commitment to the Student:

Mindful that a profession exists for the purpose of serving the best interests of the client, the educator shall practice the profession with genuine interest, concern, and consideration for the student. The educator shall work to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.

In fulfillment of the obligation to the student, the educator:

A. Shall permit the student to pursue reasonable independent scholastic effort, and shall permit the student access to varying points of view.

B. Shall not deliberately suppress or distort subject matter for which the educator is responsible.

C. Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety.

D. Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student.

E. Shall keep in confidence personally identifiable information that has been obtained in the course of professional service, unless disclosure serves professional purposes, or is required by law.

F. Shall not tutor for remuneration students assigned to his or her classes unless approved by the Millard Board of Education.

G. Shall not discipline students using corporal punishment.

IV. Principle III Commitment to the Public:

The magnitude of the responsibility inherent in the education process requires dedication to the principles of our democratic heritage. The educator bears particular responsibility for instilling an understanding of the confidence in the rule of law, a respect for individual freedom, and a responsibility to promote respect by the public for the integrity of the profession.

In fulfillment of the obligation to the public, the educator:

A. Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator's personal and institutional views.

B. Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities.

C. Shall neither offer nor accept gifts or favors that will impair professional judgment. 


D. Shall support the principle of due process and protect the political, citizenship, and natural rights of all individuals.

E. Shall not commit any act of moral turpitude, nor commit any felony under the laws of the United States or any state or territory, and shall not have a misdemeanor conviction involving abuse, neglect, or sexual misconduct as defined in Sections 003.11 through 003.14 of 92 NAC 21 (an offense under the laws of any jurisdiction, which, if committed in Nebraska, would constitute one of the following misdemeanors (with the applicable sections for the Revised Statutes of Nebraska in parenthesis):

1. Assault (third degree) (28-310)

2. Child Enticement (28-311)

3. Stalking (28-311.03)

4. Hazing (28-311.06)

5. Unlawful Intrusion (28-311.08)

6. Violating a Harassment Protection Order (28-311.09)

7. False Imprisonment (28-315)

8. Sexual Assault (third degree) (28-320)

9. Domestic Assault (28-323)

10. Child/Vulnerable Adult Contact with Methamphetamine (28-457)

11. Abandonment of Spouse or Child (28-705)

12. Child Abuse (28-707)

13. Contributing to the Delinquency of a Child (28-709)

14. Prostitution (28-801)

15. Keeping a Place of Prostitution (28-804)

16. Debauching a Minor (28-805)

17. Public Indecency (28-806)

18. Sale of Obscene Material to Minor (28-808)

19. Obscene Motion Picture Show, Admitting Minor (28-809)

20. Obscene Literature Distribution (28-813)

21. Sexually Explicit Conduct (28-813.01)

22. Resisting Arrest (28-904 (1)(a)), when the conviction involves use or threat of physical force or violence against a police officer

23. Indecency with an Animal (28-1010)

24. Intimidation by Phone Call (28-1310)

25. Violating a Protection Order (42-924) Other convictions related to such crimes including:

26. Attempt to Commit a Crime (28-201)

27. Criminal Conspiracy (28-202)

28. Accessory to a Felony (28-204)

29. Aiding, Abetting, Procuring, or Causing Another to Commit an Offense (28-206)

Convictions which have been set aside, nullified, expunged, or pardoned shall not be considered convictions for purposes of this Rule, unless the laws of the jurisdiction of the conviction would allow the conviction to be used as the basis for denial of a certificate to teach, administer, or provide special services in schools.

F. Shall, with reasonable diligence, attend to the duties of his or her professional position. 

V. Principle IV - Commitment to the Profession:

In belief that the quality of the services to the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to improve service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education. The educator shall believe that sound professional relationships with colleagues are built upon personal integrity, dignity, and mutual respect.

In fulfillment of the obligation to the profession, the educator:

A. Shall provide upon the request of an aggrieved party, a written statement of specific reasons for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.

B. Shall not misrepresent his or her professional qualifications, nor those of colleagues.

C. Shall practice the profession only with proper certification, and shall actively oppose the practice of the profession by persons known to be unqualified.

VI. Principle V Commitment to Professional Employment Practices:

The educator shall regard the employment agreement as a pledge to be executed both in spirit and in fact. The educator shall believe that sound personnel relationships with governing boards are built upon personal integrity, dignity, and mutual respect.

In fulfillment of the obligation to professional employment practices, the educator:

A. Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.

B. Shall not knowingly withhold information regarding a position from an applicant or employer, or misrepresent an assignment or conditions of employment.

C. Shall give prompt notice to the employer of any change in availability of service. 

D. Shall conduct professional business through designated procedures, when available, that have been approved by the employing agency.

E. Shall not assign to unqualified personnel, tasks for which an educator is responsible.

F. Shall permit no commercial or personal exploitation of his or her professional position.

G. Shall use time on duty and leave time for the purpose for which intended.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
January 5, 1998
May 3, 2004
September 7, 2010
Reaffirmed
June 2, 2003
October 1, 2018

4156: Copyright Compliance

4156: Copyright Compliance holly Wed, 07/03/2019 - 14:40

District personnel shall comply with the requirements of the Copyright Act, 17 U.S.C. § 101 et seq.

Under the direction of the superintendent, the administration shall establish and maintain procedures governing compliance with the Copyright Act.

Date of Adoption
July 15, 2002
Date of Revision
September 8, 2015
June 3, 2019

4156.1: Copyright Compliance-Accountability for Compliance

4156.1: Copyright Compliance-Accountability for Compliance holly Wed, 07/03/2019 - 14:44

District personnel will comply with District's copyright policies, rules, procedures, and have the following responsibilities regarding compliance with the requirements of the Copyright Act: 

I. Educational Services

A. Comply with District copyright policies, rules, and procedures in the development and implementation of the curriculum.

II. Department of Library Services

A. Support the implementation of and compliance with District copyright policies, rules, and procedures.

B. Archive all written copyright permissions for the District.

III. Building Administration

A. Know and understand the District's copyright policies, rules, and procedures.

B. Ensure compliance with the District's copyright policies, rules, and procedures.

IV. Teaching Staff

A. Know and understand the District's copyright policies, rules, and procedures.

B. Abide by the District's copyright policies, rules, and procedures.

V. Teacher Librarians 

A. Know and understand the District's copyright policies, rules, and procedures.

B. Provide accurate and timely information on the District's copyright policies, rules, and procedures.

VI. Secretaries and Paraprofessionals

A. Monitor and seek clarification regarding copyright matters.

B. Comply with the District's copyright policies, rules, and procedures.

Date of Adoption
July 15, 2002
Date of Revision
September 8, 2015
June 3, 2019

4160: Evaluation

4160: Evaluation holly Tue, 07/09/2019 - 10:38

All personnel shall be continuously evaluated by the appropriate supervisors to encourage improvement of the total school program.

The purpose of Millard Public Schools evaluation is three-fold:  1) accountability; 2) professional growth; and 3) school improvement.


The Millard Public School District shall provide procedures for the evaluation of staff:  said evaluation shall serve as a basis for the improvement of performance and continued employment in the Millard School District.  The procedures shall provide for a source of information for sound decision making as well as for instructional coaching for staff development and for continual growth of all employees.  The procedures shall provide not only for the identification and improvement of staff skills and abilities that enhance the learning process, but also for the orderly dismissal of those who do not meet the standards of the District.

Date of Adoption
January 2, 1979
Date of Revision
August 3, 1992
December 21, 1998
July 21, 2003
March 2, 2015
Reaffirmed
June 1, 2009
May 17, 2010
February 4, 2019

4160.1: Evaluation - Certificated Staff

4160.1: Evaluation - Certificated Staff holly Tue, 07/09/2019 - 11:11

I. All certificated personnel shall be evaluated in accordance with the District’s written procedures on appraisal forms provided by the District as follows:

A. Probationary certificated employees shall be evaluated at least once each semester in accordance with the procedures provided by law.

B. Permanent certificated employees shall be evaluated at least once every school year.

II. The District will obtain approval of its teacher evaluation policies and procedures from the Nebraska Department of Education as a requirement to legally operate as an accredited school district in Nebraska in accordance with Title 92, Nebraska Administrative Code, Chapter 10. In the event the District changes its policies or procedures for teacher evaluation, it shall re-submit the revised policies and procedures to the Nebraska Department of Education for approval. The policies and procedures submitted for the approval of the Nebraska Department of Education shall be in writing, shall be approved by the Millard Board of Education, and shall include the following:

A. A policy containing a statement of the purpose of teacher evaluation in the District.

B. A teacher evaluation procedure, which shall:

1. Contain specific criteria upon which teachers are to be evaluated. Evaluation instruments shall be designed primarily for the improvement of instruction and shall include, at a minimum: (1) instructional performance, (2) classroom organization and management, (3) professional conduct, and (4) personal conduct. Specific standards for measurement in each of these four areas shall be tied to the instructional goals of the District.

2. Describe the process to be used for evaluation, including the duration and frequency of the observations and the formal evaluations for probationary and permanent certificated teachers.

3. Provide for documenting the evaluation.

4. Communicate results of the evaluation annually, in writing, to those being evaluated.

5. Provide for written communication (commonly referred to as a growth plan) to the evaluated teacher on all noted deficiencies, specific means for the correction of the noted deficiencies, and an adequate timeline for the implementing the concrete suggestions for improvement.

6. Provide for the teacher to offer a written response to the evaluation.

7. Communicate the evaluation procedure annually, in writing, to those being evaluated.

8. Describe the District’s plan for training evaluators.

III. All evaluators shall possess a valid Nebraska Administrative Certificate and shall be trained to use the evaluation system employed in the District.

Date of Adoption
January 2, 1979
Date of Revision
November 21, 1983
August 3, 1992
September 7, 1993
December 21, 1998
July 21, 2003
Reaffirmed
June 1, 2009
May 17, 2010
March 2, 2015
February 4, 2019

4160.2: Evaluation - Non-Certificated Staff

4160.2: Evaluation - Non-Certificated Staff holly Tue, 07/09/2019 - 11:17

All non-certificated personnel shall be evaluated annually in accordance with written procedures and on appraisal forms provided by the Human Resources Office. The procedures shall contain:

1) specific criteria upon which each employee is to be evaluated, 2) provide opportunity for self-appraisal and, 3) provide for the employee to offer a written response to the evaluation.

Date of Adoption
January 2, 1979
Date of Revision
November 21, 1983
August 3, 1992
July 21, 2003
February 4, 2019
Reaffirmed
December 21, 1998
June 1, 2009
May 17, 2010

4160.3: Evaluation - Administrative Staff

4160.3: Evaluation - Administrative Staff holly Tue, 07/09/2019 - 11:21

I. All administrators shall be evaluated in accordance with the District’s written procedures as follows:

A. Probationary certificated administrators shall be evaluated at least once each semester. 

B. Non-certificated administrators shall be evaluated at least once every school year. 

C. Permanent certificated administrators shall be evaluated at least once every school year.

II. The District will obtain approval of its administrator evaluation policies and procedures from the Nebraska Department of Education as a requirement to legally operate as an accredited school district in Nebraska in accordance with Title 92, Nebraska Administrative Code, Chapter 10. In the event the District changes its policies or procedures for administrator evaluation, it shall re-submit the revised policies and procedures to the Nebraska Department of Education for approval. The policies and procedures submitted for the approval of the Nebraska Department of Education shall be in writing, shall be approved by the Millard Board of Education, and shall include the following:

A. A policy containing a statement of the purpose of the administrator evaluation in the District and may: 

1. Contain specific criteria upon which administrators are to be evaluated. Evaluation instruments shall be designed to incorporate (1) Mutual Commitments and Key Performance Action Plans and (2) Leadership Dimensions.

2. Describe the process to be used for evaluation, including the duration and frequency of the observations.

3. Provide for documenting the evaluation.

4. Communicate results of the evaluation annually, in writing, to those being evaluated.

5. Provide for written communication (commonly referred to as a growth plan) to the evaluated administrator on all noted deficiencies, specific means for the correction of the noted deficiencies, and an adequate timeline for the implementing the concrete suggestions for improvement.

6. Provide for the administrator to offer a written response to the evaluation. 

7. Communicate the evaluation procedure annually, in writing, to those being evaluated.

8. Describe the District’s plan for training evaluators.

III. All evaluators shall possess a valid Nebraska Administrative Certificate and shall be trained to use the evaluation system employed in the District.

Date of Adoption
March 4, 2013
Date of Revision
May 4, 2015
Reaffirmed
February 4, 2019

4163: Remedial Action

4163: Remedial Action holly Tue, 07/09/2019 - 11:43

The superintendent or designee may take remedial action with regard to an employee’s performance or conduct which is deemed reasonably necessary. Such action shall be in accordance with district policies, rules, and procedures, and with state and federal laws and regulations.

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3, 2007
October 20, 2014

4163.1: Remedial Action-Certificated Staff

4163.1: Remedial Action-Certificated Staff holly Tue, 07/09/2019 - 11:49

The Superintendent or designee may take remedial action with regard to a certificated employee's performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes. Remedial actions may include, but are not limited to, non-disciplinary actions such as counseling, verbal discussions, written summaries of verbal discussions, written clarifications or expectations, and additional training.

Remedial actions may also include disciplinary actions authorized by Nebraska law such as oral or written reprimands and suspension without pay (not to exceed thirty working days).

Remedial actions may or may not be applied progressively depending upon the nature of the employee’s performance or conduct. Prior to any written reprimand, the certificated employee shall be advised of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. The certificated employee may proceed under the applicable grievance procedure which provides for review for such action.

Prior to suspension without pay, the certificated employee shall be advised in writing of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. Within seven calendar days of receipt of such notice the certificated employee may make a written request to the secretary of the school board or the Superintendent or Superintendent's designee for formal due process hearing under Nebraska law. If such a request is not delivered within such time, the action of the Superintendent or the Superintendent's designee shall become final.


Nothing in this rule shall prevent an employee’s suspension with pay.

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3, 2007
October 20, 2014

4163.2: Remedial Action Non-Certificated Staff

4163.2: Remedial Action Non-Certificated Staff holly Tue, 07/09/2019 - 11:52

The superintendent or designee may take remedial action with regard to an employee's performance or conduct which is deemed reasonably necessary. Remedial actions may include, but are not limited to, non-disciplinary actions such as verbal discussions, written summaries of verbal discussions, written clarifications or expectations, and additional training.

Remedial actions may also include disciplinary actions authorized by Nebraska law including oral and written reprimands, suspension without pay and termination of employment.  

Remedial actions may or may not be applied progressively depending upon the nature of the employee’s performance or conduct. Prior to taking any disciplinary action, the non-certificated employee shall be advised of the alleged reasons for the proposed action and provided the opportunity to present the non-certificated employee’s version of the facts. Any disciplinary action may be grieved by the employee under the applicable grievance procedure.


Nothing in this rule shall prevent an employee's suspension with pay.

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3,2007
October 20, 2014

4163.3: Remedial Action Investigation/Procedure

4163.3: Remedial Action Investigation/Procedure holly Tue, 07/09/2019 - 13:08

 


 

I. All District personnel shall conduct themselves in such a manner so as to promote the educational responsibilities and purposes of the District in respecting the rights of students, District personnel, parents, third party businesses, service providers, or contractors and any other persons related to the District in any other capacity. 

II. When conduct of District personnel fails to meet District standards, violates students’ rights or adversely reflects upon the District in the community, the conduct shall be reported to the Superintendent or designee. 

III. When a complaint, charge or allegation of inappropriate conduct by District personnel is received by any District personnel, from any source, the procedure shall be as follows: 

A. The Superintendent shall be notified of the complaint, charge, or allegation of inappropriate conduct together with the information available. 

B. The Superintendent or designee immediately shall initiate and conduct such investigation of the complaint, charge, allegations or related matters deemed reasonable. 

C. Such investigation may be conducted by District officials or by designated third parties and will be conducted so as not to interfere with any concurrent or related investigation by any law enforcement or administrative agency. The proper law enforcement agency will be contacted immediately when there is a reasonable suspicion that a violation of a state or federal criminal law may have been committed and, if requested by the law enforcement authorities, the conduct of any further investigation by the District shall be suspended until the law enforcement authorities conclude their own investigation. 

D. During the pendency of any investigation performed by the District, the Superintendent or designee may temporarily suspend, transfer, remove, or reassign the person in question when the Superintendent determines it to be in the best interests of the District, including but not limited to the safety of the students, personnel and other people associated with or related to the District, would best be served by the temporary suspension, transfer, removal or reassignment of the personnel in question. 

E. Any such temporary suspension, transfer, removal, or reassignment may or may not result in the loss of any compensation or benefits or in the change of any job classification. Such temporary suspension, transfer, or reassignment shall not exceed thirty (30) days unless extended by mutual agreement of the District and personnel. 

F. Unless prohibited by specific direction of law enforcement authorities involved, any personnel who is the subject of any investigation shall be notified and advised of the complaint, charge or allegation reported to the District, and will be afforded the opportunity to respond to all charges or allegations of unprofessional or inappropriate conduct. Such initial notification shall be given within a reasonable period of time, but is not necessarily required to be given before the commencement of any investigation. 

G. Upon completion of such investigation, the Superintendent or his or her designee will take appropriate action. 

IV. Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 4001.2. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 5010.2.

Date of Adoption
June 5, 2000
Date of Revision
December 3, 2007
September 20, 2010
October 20, 2014
July 9, 2018

4165: Resignation/Separation

4165: Resignation/Separation holly Tue, 07/09/2019 - 13:19

The District shall establish procedures for the resignation, separation, termination, cancellation, and dismissal of employees. Termination and/or cancellation of employment will be in accordance with District procedures, state statutes and regulations, and federal statutes and regulations.

Date of Adoption
October 7, 1974
Date of Revision
March 20, 1989
August 3, 1992
August 16, 1993
November 15, 1999
June 4, 2007
September 16, 2019
Reaffirmed
October 7, 2013

4165.1: Resignation/Separation - Non-Certificated Staff

4165.1: Resignation/Separation - Non-Certificated Staff holly Tue, 07/09/2019 - 14:21

I. Non-certificated employees who wish to resign should notify the Human Resources Office in writing. A minimum notice of two weeks is requested. Resignations are effective upon acceptance by the Superintendent or his/her designee, except that a resignation which requires a release from an employment contract is not effective until approved by the Board. Employees are discouraged from resigning during the school year due to the potential adverse effect upon students and the educational process.

II. Procedures for the dismissal of non-certificated employees are governed by Board Policies & Rules, or any applicable contractual or collective bargaining agreement provisions. The District reserves the right to dismiss a noncertificated employee with or without cause subject to applicable contractual or collective bargaining agreement provisions.

Date of Adoption
October 7, 1974​
Date of Revision
March 20, 1989
August 3, 1992
November 15, 1999
June 4, 2007
October 7, 2013
September 16, 2019

4165.2: Certificated Staff - Contract Cancellation, Amendment, Renewal, Non-renewal

4165.2: Certificated Staff - Contract Cancellation, Amendment, Renewal, Non-renewal holly Tue, 07/09/2019 - 14:29

Employment contracts between the District and administrators or teachers shall be deemed renewed from year to year and shall be amended, canceled, not renewed or terminated as specified below.

I. Renewal of Employment Contracts

A. Each certificated staff member shall be notified of an offer for renewal of his or her contract on or before April 15 of each year as provided by law. Upon receipt of such notice, each certificated staff member shall notify the District Human Resources Office, in writing, or electronic acknowledgement, of the acceptance of the offer to continue the contract of employment for the ensuing school year. Failure to provide written acceptance of the offer of continued employment on or before the date designated shall be considered as a rejection of the offer of continued employment for the ensuing school year and shall operate as a request for resignation.

B. Release from an employment contract after May 1 for the ensuing school year or during the school year may depend upon the availability of a suitable replacement and/or approval by the Board. Employees are discouraged from resigning during the school year due to the potential adverse effect upon students and the educational process.

II. Cancellation or Amendment of Contracts During the School Year

A. Contracts of any certificated employee, including probationary teachers, permanent (tenured) teachers, and administrators, may be canceled or amended by a majority of the members of the Board during the school year for any of the reasons provided by law which include:

1. Revocation or suspension of a certificate by the State Board of Education of any employee whose duties require a certificate.

2. Breach of a material provision of the teacher’s or administrator’s contract.

3. For any reasons set forth in the employment contract.

4. Incompetency, neglect of duty, unprofessional conduct, insubordination, immorality or physical or mental incapacity.

B. The following procedure shall be followed when it is determined that it is appropriate to consider cancellation of the employment contract during the school year:

1. Written notice shall be given to the employee that the contract may be canceled and grounds for the cancellation.

2. Within seven (7) calendar days of receipt of the notice, the certificated employee may make a written request in writing for a hearing to the secretary of the Board, Superintendent or Superintendent’s designee.

3. Prior to any requested hearing under this Rule, the notice of possible cancellation or amendment and the reasons therefor are deemed a confidential employment matter subject to Nebraska law and shall not be disclosed to the public or news media.

4. During the pendency of a decision, a certificated employee may be suspended from duty with pay.

5. A formal due process hearing as set forth in Section IV(C) of this Rule.

III. Probationary Certificated Employees, Probationary Period, Contract Amendment or Non-renewal


A. During the first three years of full-time employment with the District or the parttime equivalent, a certificated employee shall be considered a probationary employee. His/her contract shall be deemed renewed and remain in full force and effect unless amended or not renewed as provided by law. The Board may determine to amend or not renew the contract for any reason it deems sufficient as provided by law, but such nonrenewal shall not be for constitutionally or statutory impermissible reasons. If the Board, Superintendent or Superintendent's designee determines it is appropriate to consider the amendment or nonrenewal of a probationary certificated employee's contract for the ensuing school year, the following procedure shall be followed:

1. Written notice shall be given to the employee on or before April 15 that the school Board will consider amendment or non-renewal of the employee’s contract for the ensuing school year.

2. Upon request, the reasons for the proposed amendment or the nonrenewal shall be provided in writing.

3. Within seven(7) calendar days after receipt of the written notice, the probationary employee may make a written request for a hearing to the secretary of the Board, Superintendent or Superintendent’s designee.

4. Prior to any requested hearing under the Rule, the notice of possible amendment or non-renewal and any reasons therefor shall be considered a confidential employment matter as provided in Nebraska law and shall not be disclosed to the public or news media.

5. An informal hearing as set forth in Section III (B) of this Rule shall be held before the Board within thirty (30) days of the date of the request thereof unless otherwise agreed to by the parties in writing.

6. If a hearing is not requested, the Board shall make a final determination. At any time prior to a hearing or final determination, the probationary employee may submit a letter of resignation which shall be accepted by the Board.

7. Unless otherwise agreed upon by the parties, final action by the Board must be taken on or before May 15.

B. The procedure for an informal hearing is as follows:

1. Notice, in writing, of the date, time and place of hearing shall be given five (5) days prior to the date of the hearing.

2. The probationary employee, Superintendent, or his or her representative, shall have an opportunity to discuss and explain his or her position regarding continued employment, to present information, and to ask questions of those appearing on behalf of the District. 

3. The hearing shall be held in closed session, if requested by the probationary employee and upon affirmative vote by a majority of the Board members present and voting.

4. The formal action of the Board to amend or non-renew shall be taken in open session. Formal action shall be taken by a roll call vote. 

IV. Permanent Certificated Employees, Contract Amendment or Termination


A. A certificated employee who has completed the probationary period is a permanent certificated employee. His/her contract shall be deemed continuing and shall be renewed and remain in full force and effect unless amended or terminated as provided by law. The contract of a permanent certificated employee shall be amended or terminated for any of the following reasons by majority vote of the Board:

1. Just cause as defined by law.

2. Reduction in force as provided by law or change of leave of absence policies.

3. Failure upon written request of the District by the employee to accept employment for the ensuing school year within the time designated in the request, but not prior to March 15 of each year.

4. Revocation, cancellation, suspension or termination of a certificate by the State Board of Education for an employee whose duties require a certificate.

B. The procedure to be followed when it is determined that it is appropriate to consider the amendment or termination of the contract, is as follows:

1. Written notification that the contract may be amended or terminated, shall be provided on or before April 15.

2. A hearing may be requested in writing to the secretary of the Board, Superintendent or Superintendent's designee within seven (7) calendar days of receipt of written notice.

3. A formal hearing as set forth in Section IV (C) of this Rule shall be held before the Board within thirty (30) days of the date of the request thereof unless otherwise agreed to by the parties in writing.

4. If no request is made, a final determination may be made by the Board.

5. The employee shall be advised at least five (5) days prior to the date of the hearing of the date, time and place, all of which shall be in writing.

6. The parties may extend the time for hearings or final determination by mutual agreement in writing.

7. Final action by the Board must be taken on or before May 15, unless such time is extended by mutual agreement in writing.

8. If a hearing is requested, it shall be a formal due process hearing as set forth in Section IV (C) of this Rule.

C. The procedure for a formal due process hearing is as follows:

1. At least five (5) days prior to the hearing the employee shall be notified in writing of the basis for the proposed termination or amendment of the employee's contract.

2. Upon request, the employee shall be notified at least five (5) days prior to the hearing of witnesses to be called to testify against the employee.

3. Upon request, the employee shall have the opportunity at least five (5) days prior to the hearing to examine any documents that will be presented at the hearing.

4. The employee has the right to be represented.

5. The employee shall have an opportunity to cross-examine all witnesses and to examine all documents.

6. The employee shall have an opportunity to present evidence material to the issues.

7. Upon request of the employee or his or her representative and the affirmative vote of a majority of the Board members, the hearing shall be conducted in a close session. Formal action of the Board shall be taken in open session.

8. The decision to amend, cancel or non-renew of the Board shall be by roll call vote of a majority of members at the meeting based solely upon the evidence produced at the hearing. The majority shall reduce its findings and determinations to writing and provide a written copy to the employee.

9. After the opportunity for a hearing has been provided, except in the case of a reduction in force, and just cause has been shown, sanctions other than termination or amendment may be imposed by the Board as agreed upon by the parties.

10. The Board shall have the power to subpoena and compel the attendance of witnesses for purposes of testifying at the hearing and for the taking of depositions and to issue subpoenas for the production of documents.

Date of Adoption
August 23, 1982
Date of Revision
August 3, 1992
November 15, 1999
June 4, 2007
October 7, 2013
September 16, 2019

4165.3: Resignation Notification Incentive

4165.3: Resignation Notification Incentive holly Tue, 07/09/2019 - 14:32

The District may offer a financial incentive for an employee planning on resigning or retiring to give advanced notification to the District.

I. The primary purpose of the incentive is to encourage eligible employees who are considering separation or retirement to accelerate their decision. Objectives include, but are not limited to, the following:

A. To offer a financial incentive for District employees to provide advanced notification to the District.

B. To provide the District the opportunity to make job offers to highly qualified candidates when the candidate pool is at its best.

C. To provide the District additional time to develop a quality candidate pool where one does not already exist.

D. To increase the District's competitiveness for highly qualified candidates in critical needs areas.

II. All regular full-time and part-time exempt employees, as specified in Section IV of this Rule, working 50% or more are eligible for the incentive. Employees on extended leave of absence without pay are eligible. The following conditions also apply:


A. Acceptance of an employee's resignation notification incentive application will be considered a voluntary resignation and termination of the employee’s employment and contract rights with the District at the conclusion of the school year. Any future re-employment by the District is at the sole discretion of the District.

B. An eligible employee must complete the school year before separation commences.

C. An employee receiving long-term disability benefits is not eligible.

D. An employee is not eligible for the incentive if his or her employment is terminated by the District.

E. Payment will be made on or before the employee's final payroll.

F. In the event the number of applications exceeds the expectations of the District, the District may deny all applications, provided, however, the applications were not first approved by the Board.

III. Application Process

A. The District will notify employees of the availability of the incentive and the deadline for application.

B. Employees will be given at least 30 days from the date of District notification to submit the Resignation Notification Incentive application. The written application must be submitted to the Human Resources Office on or before the date specified by the Superintendent or his/her designee.

C. The request shall set forth that the employee resigns his or her position, effective at the end of the school year, provided, however, that it is subject to the acceptance and approval of the employee’s request by the Superintendent and the Board.

D. Employees applying for both the resignation notification incentive and voluntary separation program may withdraw an approved application in the event the other application is denied.

IV. The District will offer an additional financial incentive of a $500 stipend for teachers, school nurses, exempt professional/technical employees, and administrators.

Date of Adoption
November 6, 2006
Date of Revision
October 7, 2013
September 16, 2019

4170: Reduction in Force - Certificated Staff

4170: Reduction in Force - Certificated Staff holly Tue, 07/09/2019 - 14:39

This policy, in compliance with statutory requirements, covers all certificated employees of the District whose employment contracts are subject to statutes applicable to the tenure, employment rights and procedures for amendment and termination of contracts for certificated employees. 

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 or 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 termination of employment, an amendment to the employee's contract reducing the employee from full‑time to part‑time status or an amendment to the contract of a part‑time employee further reducing that employee's percentage of employment. 

The following procedures will apply to staff reduction: 

1. There will be no reduction of a permanent or tenured employee while a probationary employee is retained to render a service for which such permanent employee is qualified by reasons of certification and endorsement to perform or, in cases where certification is not applicable, by reason of college credits in the teaching area. 

2. Before any reduction in force occurs, the School Board and the Superintendent and the Superintendent’s staff shall present competent evidence demonstrating that a change in circumstances has occurred necessitating a reduction in force. The alleged change in circumstances must be specifically related to the teacher or teachers to be reduced in force and based upon evidence produced at the hearing required by statute after which the Board shall specifically find that there are no other vacancies on the staff for which the employee or employees to be reduced are qualified by endorsement or by professional training to perform. 

3. Any termination of any employee because of reduction in force shall be a dismissal with honor and, upon request, employee shall be provided a letter to that effect. 

4. Any employee having been terminated or percentage of employment reduced because of reduction in force shall have preferred rights to re‑employment for a period of twenty-four months commencing at the end of the contract year and the employee shall be recalled on the basis of length of service to the school to any position for which he or she is qualified by endorsement or college preparation to teach. 

5. An employee, upon re-employment, shall retain all the benefits that accrued to such employee prior to termination provided, however, such leave of absence shall not be considered as a year of employment by the District. An employee under contract to another educational institution may waive recall. Such waiver shall not deprive the employee of his or her right to subsequent recall. 

6. Any employee who is to be terminated or percentage of time of employment reduced under a reduction in force shall have the right to a hearing as provided by aw prior to such termination being affected. 

7. In the event that the provisions of this policy would place the District in noncompliance with any federal or state law or regulation requiring affirmative action employment practices, the District may vary from these provisions as necessary to comply with such law or regulation.

Date of Adoption
December 4, 1978
Date of Revision
August 3, 1992
October 21, 2002
December 7, 2009
Reaffirmed
January 23, 2017

4170.1: Reduction in Force - Certificated Staff

4170.1: Reduction in Force - Certificated Staff holly Tue, 07/09/2019 - 14:46

In all instances, permanent employees will not be reduced while a probationary employee is retained to render a service which such permanent employee is qualified by reason of certification and endorsement to perform or where certification is not applicable by reason of college credits in the teaching area. All reduction decisions based upon certification and endorsement will be based upon each employee's certificate on file in the Human Resource Office as of February 1 of the year of the proposed reduction. Staff reduction determinations will be made in the following sequence and each step will be implemented before initiating the next procedure.

I. Persons to be released first shall be those holding a temporary or provisional certificate or license.

II. Following the completion of Step 1, persons selected for vacancies during the school year, those filling a leave of absence and part‑time probationary employee shall be released.

III. Probationary employees rendering a service which a permanent certificated employee is qualified by reason of certification and endorsement to perform or where certification is not applicable by reason of college credits in the teaching area shall be released.


IV. Personnel with permanent certificated status shall be reduced based upon the following considerations:

A. The date permanent certificated status was attained.

B. In the event two or more employees attained permanent certificated status on the same date, the date of the signing of the contract by the Board of Education will take precedence.

C. In the event the length of service and date of signing is the same, the next priority will be given to the date the contract was offered by the office of the Superintendent.

D. Staff members to be retained must be retained in the endorsed area unless assigned otherwise by the District because no other qualified personnel are available.

E. 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 District.

V. Individuals who are terminated or percentage of employment reduced because of a reduction in force shall be automatically placed on a list for recall in order of length of service, as provided by law, for a period of two years, commencing at the end of the contract year.

A. When vacancies occur, individuals on the recall list shall be given first priority for re‑employment to any position for which he or she is qualified by endorsement or college preparation to teach on the basis of length of service to the District. Employees desiring to be selected shall advise the Human Resources Office of any change in name, address or telephone number.

B. Notification of a vacancy shall be made in writing by certified or registered mail to the last known address of the persons involved and if no written response is received to that corres­ pondence within twenty calendar days of date of mailing, then an attempt shall be made to reach the individual by telephone each day for a period of five calendar days. After the fifth day, and if no written response is received, the next person whose name appears on the recall list will be contacted.

C. For the purpose of establishing length of service only, individuals re‑employed from the recall list shall be given credit for the years employed by the District.

D. In case of termination, the affected individual may continue health insurance at his or her own expense in accordance with the provisions of COBRA.

E. In the event of re‑employment, the individual will be placed upon the salary schedule or ranges in the same position that he/she would have been had he/she not been terminated, excepting that the period of time while the employee was not employed will not be recognized for vertical movement on the schedule.

F. An employee under contract to another educational institution may waive recall but such waiver shall not deprive the employee of his or her right to a subsequent recall.

Date of Adoption
December 4, 1978
Date of Revision
September 7, 1982
August 3, 1992
October 21, 2002
December 7, 2009
January 23, 2017

4171: Reduction in Force - Non-Certificated Staff

4171: Reduction in Force - Non-Certificated Staff holly Tue, 07/09/2019 - 14:49

Reduction in force is defined to be a reduction of the total number of non-certificated staff employed by the District in one or more employee groups.  

In the event the District reduces the total number of non-certificated staff employed in an employee group, the selection of employees to be reduced shall be based on factors deemed relevant by the District including, but not limited to experience in the type of work required by the position in question and completion of required training.  

The provisions of this policy apply to those non-certificated employees who are not covered by a Reduction in Force provision within a written collective bargaining agreement.

Date of Adoption
August 3, 1992
Date of Revision
October 21, 2002
December 7, 2009
September 5, 2017

4172: Use of Tobacco and E-Cigarette Type Products

4172: Use of Tobacco and E-Cigarette Type Products holly Tue, 07/09/2019 - 14:52

No tobacco products or e-cigarette type products may be used by employees in facilities, vehicles, or equipment or on the grounds owned, leased, or operated by the Millard Public Schools, or when performing their duties as a District employee.

Date of Adoption
September 6, 1988
Date of Revision
December 20, 1993
January 17, 1994
November 5, 2001
April 19, 2004
April 21, 2014
June 3, 2019
Reaffirmed
October 17, 2011

4172.1: Use of Tobacco and E-Cigarette Type Products

4172.1: Use of Tobacco and E-Cigarette Type Products holly Tue, 07/09/2019 - 14:57

Appropriate signs will be placed at the entrances of all buildings, facilities, and spectator areas advising all persons who enter of the District policy prohibiting smoking and the use of tobacco products and e-cigarette type products on District property.

Any violation of the District policy by employees shall be reported to the appropriate supervisor.  The first violation will result in a verbal reprimand. Additional violations will result in written reprimands or more serious consequences up to and including termination of employment.

Date of Adoption
November 7, 1988
Date of Revision
December 20, 1993
January 17, 1994
November 5, 2001
April 19, 2004
April 21, 2014
June 3, 2019
Reaffirmed
October 17, 2011

4173: Drug-Free Workplace

4173: Drug-Free Workplace holly Tue, 07/09/2019 - 15:01

The District will provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 and it’s implementing regulations.

The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance by a District employee is prohibited. The District shall establish a drug-free awareness program and shall notify employees that they are required to abide by the drug-free workplace policy of the District, and that any violation of this Policy will result in action against such employee up to and including termination.

The District shall make a continuing good faith effort to maintain a drug-free workplace through implementation of its drug-free workplace policy.

Date of Adoption
December 18, 1989
Date of Revision
February 5, 2007
November 18, 2013
Reaffirmed
December 7, 1998
June 3, 2019

4173.1: Drug-Free Workplace

4173.1: Drug-Free Workplace holly Tue, 07/09/2019 - 15:07

In order to implement the drug-free workplace policy of the District, the District shall implement the following rules:

I. The District shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the District's workplace and specifying the actions that will be taken against employees for violation of such prohibition.

II. The District shall establish a drug-free awareness program to inform employees about:

A. The dangers of drug abuse;

B. The District's policy of maintaining a drug-free workplace;

C. Any available drug counseling, rehabilitation, and employee assistance programs; and

D. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

III. The District shall provide each employee with a copy of the statement set forth in Section I.

IV. The District shall notify each employee in the statement required by Section I that as a condition of employment, the employee will:

A. Abide by the terms of the statement; and


B. Notify the District of any criminal drug statute conviction for a violation occurring in the workplace no later than one business day after such conviction.

V. The District shall notify any federal or state agency for whom grant money is received within ten days after receiving notice under Section IV(B) from an employee or otherwise receiving actual notice of such conviction.

VI. The District shall take one of the following actions within thirty days of receiving notice under Section IV (B), with respect to any employee who is convicted:

A. Take appropriate personnel action against such an employee, up to and including termination; or


B. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

VII. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the above rules.

Date of Adoption
December 18, 1989
Date of Revision
November 18, 2013
Reaffirmed
December 7, 1998
February 5, 2007
June 3, 2019

4173.2: Drug-Free Workplace: Alcohol

4173.2: Drug-Free Workplace: Alcohol holly Tue, 07/09/2019 - 15:10

I. The purpose of this Rule is to establish standards of conduct for employees as to the use and possession of alcohol while in the course of their employment or in the discharge of their duties and eliminate the unlawful use or distribution of alcohol on District property. This Rule also applies to acts or any conduct which is illegal under federal, state, or local law. All District employees are covered by this Rule. Violation of this Rule shall result in disciplinary action up to and including termination of employment.

II. This Rule shall be administered in accordance with and subject to all applicable District grievance policies and procedures contained either in collective bargaining agreements or policies and rules of the District, and pursuant to all constitutional rights, state and federal, to which employees are entitled.

III. The name of any employee violating this Rule shall not be released to the public unless the employee requests an open hearing with the Board; provided, however, that the Superintendent may notify law enforcement authorities of any suspected violation of criminal statutes or ordinances. 


IV. The following definitions shall apply for purposes of the Rule:

A. Alcohol or alcoholic beverage shall mean any substance subject to the jurisdiction of the Nebraska Liquor Control Commission and those beverages and alcoholic liquors defined in the Nebraska Liquor Control Act, Neb. Rev. Stat. § 53-103.

B. Distribution shall mean any delivery, sale, transfer, handling, transmitting, administering, giving, or otherwise making available, alcohol or alcoholic beverages.

C. “Intoxication” and/or “Under the influence” shall mean for the purposes of this Rule, that the employee is impaired and/or affected by an alcoholic substance, or the combination of a drug and alcohol, in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior or to obvious impairment of physical or mental ability such as slurred speech or difficulty in maintaining balance. A determination of influence can be established by professional opinion, a scientifically valid test and, in some cases, by a lay person’s opinion.

D. Possession shall mean on the employee’s person, in the employee’s personal belongings, including any beverage containers, or under the employee’s reasonable control. A District employee shall be deemed in possession of alcohol, if he or she has alcohol on his or her person, or under his or her control.

E. Employee Assistance Program (E.A.P.) shall mean an Employee Assistance Program provided by the District for the benefit of its employees.

V. The following conduct is prohibited:

A. Reporting to work, performing job duties or conducting any District business while intoxicated or otherwise under the influence of alcohol is strictly prohibited and shall subject the District employee to immediate discipline actions as hereinafter provided. Conduct of an employee giving rise to a reasonable suspicion that the employee is under the influence shall be reported to the employee’s immediate supervisor or the Human Resources Department.

B. The possession, consumption, or use of alcohol, while on District property, while
performing job duties, or while in the course of the employee’s employment, at a District- sponsored student event, or at a student activity in which the District or school districts participate, is strictly prohibited and shall subject the District employee to immediate discipline actions as hereinafter provided.

C. The Distribution of alcohol to minors is strictly prohibited and shall be subject to immediate discipline actions as hereinafter provided.

VI. In cases of suspected violations of this Rule, the following actions and procedures shall be implemented:

A. Any employee suspected of being in violation of this Rule shall be interviewed by his or her immediate supervisor or administrator as soon as possible to determine whether the employee is in violation of this Rule or any provisions of this Rule. If necessary, the immediate supervisor or administrator may summon a second supervisor or administrator to be present at the interview and to assist in the determination. If the supervisor or administrator determines that there is a reasonable suspicion that the employee may be in violation of any provision of this Rule, the supervisor or administrator shall immediately refer the employee to the Assistant Superintendent of Human Resources, or designee, for further investigation. The Assistant Superintendent of Human Resources or designee may interview the suspected employee prior to the immediate supervisor if circumstances warrant.

B. If, upon further investigation, the Assistant Superintendent of Human Resources or designee, has a reasonable suspicion that the employee has violated this Rule, he/she shall suspend the employee with pay from his or her duties and, if the employee is suspected of being under the influence of alcohol, may direct that the employee be tested for alcohol. Employees are required to submit to alcohol testing upon direction from the Assistant Superintendent of Human Resources or designee. The employee shall be advised of the required alcohol testing by the Assistant Superintendent of Human Resources or designee.

C. The results of the alcohol test may be used to provide the employee an opportunity to exonerate himself/herself. If the employee tests negative for alcohol, the employee will not be subject to disciplinary measures related to violation of the District’s alcohol policy and shall be returned to duty. If a test of an employee’s body fluid and/or breath positively detects the presence of alcohol, the results may be confirmed in accordance with Neb. Rev. Stat. § 48- 1903 prior to being used against an employee in any disciplinary or administrative action.

D. Breath test devices will only be administered by personnel who are properly trained. Breath test devices will be tested for accuracy and calibrated as necessary pursuant to the Nebraska Department of Motor Vehicles guidelines.

E. Any employee who is subject to disciplinary action under this Rule shall, within a reasonable time, be provided a written statement setting forth the specific reasons for such disciplinary action. The written statement shall contain a written acknowledgment of receipt signed by the employee. Should the employee refuse to sign the acknowledgement of receipt, the refusal shall be so noted on the receipt by the supervisor or administrator.

F. The Assistant Superintendent of Human Resources or designee shall undertake such additional investigation as may be necessary, and shall provide the employee with such written statement within a reasonable time specifically stating:

1. What additional action, other than being suspended from duties, if any, will be taken in accordance with this Rule; and 

2. The date and/or the conditions under which the employee may return to his or her regular duties, if applicable; and

3. The employee’s due process rights and time limits to appeal by reference to the District’s grievance procedures or, if applicable, the provision of the collective bargaining agreement.

VII. At all times, each District employee shall make every reasonable effort to ensure that any employee who, in the course of their employment or in the discharge of duties, is under the influence of alcohol does not operate a motor vehicle. Should an employee refuse to cooperate and attempt to operate a motor vehicle when such employee is intoxicated and/or under the influence of alcohol, law enforcement officials shall be immediately notified and the employee shall be terminated from employment.

VIII. District employees who violate this Rule shall be subject to the following penalties:

A. Reporting to work under the influence of alcohol.

1. First offense: Employee will be issued a written reprimand, will be subject to a minimum suspension of five (5) days without pay, and a maximum of
termination of employment. Mandatory referral to E.A.P. in the event the employee is not terminated.

2. Second offense: Employee shall be terminated from employment.

B. Use of alcohol or beverages containing alcohol while on District property, or while in the course of the employee’s employment or in the discharge of his or her duties thereunder, at a District-sponsored student event, or at a student activity in which the District or other school districts participate.

1. First offense: Employee will be issued a written reprimand, will be subject to a minimum suspension of five (5) days without pay, and a maximum of
termination of employment. Mandatory referral to E.A.P. in the event the employee is not terminated.

2. Second offense: Employee shall be terminated from employment.

C. Employee is convicted of distribution of alcohol or beverages containing alcohol to minors.

1. First offense: Employee shall be terminated from employment.

D. Refusal to undergo further testing based on a reasonable suspicion of intoxication and/or performance of duties under the influence of alcohol.

1. First offense: Employee shall be terminated from employment.

IX. Employees of the District shall fully comply with and successfully complete the treatment directed by District’s E.A.P. when the employee is being disciplined for violation of this Rule. Failure to do so shall result in termination of employment.

X. The Superintendent or designee may impose a lesser or alternative penalty than those provided for herein if the Superintendent or designee deems that a lesser or alternative disposition is in the best interests of the District and the employee.

XI. If a District employee is convicted of any crime related to the distribution or otherwise making alcohol available to minors, the employee shall be terminated from employment. An employee convicted of any crime relating to the possession, use, or distribution of alcohol must notify the Assistant Superintendent of Human Resources or designee no later than one business day after the conviction. Failure to timely notify may be grounds for disciplinary action, up to and including termination of employment.

XII. The District will use the following counseling and education services:


A. Employees are encouraged to participate in the District’s substance abuse awareness programs. Additionally, employees are encouraged to voluntarily utilize the E.A.P. services provided by the District in seeking assistance with alcohol problems. An employee’s private use of these services on the employee’s own initiative will not jeopardize job security or promotional opportunity. When such use is private and voluntary, no identifying report of any kind will be made by the E.A.P. to the District unless the employee so chooses.

B. Any employee who is disciplined for alcohol use and not terminated shall be referred to the District’s E.A.P. for assessment, counseling, treatment and rehabilitation. This shall be a management referral and, as such, the employee shall be required to execute the necessary releases so that the E.A.P. may inform the District whether such employee is in compliance with directed treatment.

C. The District will provide training for its administrators and supervisors to recognize typical symptoms of alcohol use and abuse.

Date of Adoption
December 18, 1989
Date of Revision
July 2, 1990
November 5, 1990
December 7, 1998
February 5, 2007
November 18, 2013
Reaffirmed
June 3, 2019

4173.3: Drug-Free Workplace: Drugs

4173.3: Drug-Free Workplace: Drugs holly Tue, 07/09/2019 - 15:14

I. The purpose of this Rule is to establish standards of conduct for employees as to the use and possession of illegal drugs while in the course of their employment or in the discharge of their duties and eliminate the unlawful use or distribution of illegal drugs, or the misuse of prescription drugs, on District property. This Rule also applies to acts or any conduct which is illegal under federal, state, or local law. All District employees are covered by this Rule. Violation of this Rule shall result in disciplinary action up to and including termination of employment.

II. This Rule shall be administered in accordance with and subject to all applicable District grievance policies and procedures contained either in collective bargaining agreements or policies and rules of the District, and pursuant to all constitutional rights, state and federal, to which employees are entitled.

III. The name of any employee violating this Rule shall not be released to the public unless the employee requests an open hearing with the Board; provided, however, that the Superintendent may notify law enforcement authorities of any suspected violation of criminal statutes or ordinances.

IV. The following definitions shall apply for purposes of this Rule:

A. Illegal drugs shall mean all controlled substances as defined in Neb. Rev. Stat. §§ 28-401, 28-404, 28-405 and 28-419 including but not limited to “uppers”, “downers”, barbiturates, marijuana, amphetamines, LSD, heroin, hashish, hallucinogens, cocaine, anabolic steroids, and any metabolite or conjugated form thereof, and any other substance, except legal non-prescription drugs or legal beverages, which alters the mood or behavior and which is not taken for medical purposes under a prescription by a licensed physician.

B. Distribution shall mean any delivery, sale, transfer, handling, transmitting, administering, giving, or otherwise making available, illegal drugs.

C. Drug paraphernalia shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, or otherwise introducing illegal drugs into the human body, as defined in Neb. Rev. Stat. § 28-439.

D. “Look-alike” drugs shall mean any substance which is believed to be or represented to others to be an illegal drug, or possessed with the belief or understanding that the substance is an illegal drug.

E. “Intoxication” and/or “Under the influence” shall mean for the purposes of this Rule that the employee is impaired and/or affected by an illegal drug, or the combination of an illegal drug and alcohol, in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior or to obvious impairment of physical or mental ability such as slurred speech or difficulty in maintaining balance. A determination of influence can be established by professional opinion, a scientifically valid test or by a lay person’s opinion.

F. Possession shall mean on the employee’s person, in the employee’s personal belongings, or under the employee’s reasonable control. A District employee shall be deemed in possession of illegal drugs, look-alike drugs, or drug paraphernalia if he or she has illegal drugs, look-alike drugs, or drug paraphernalia on his or her person, or under his or her control.

G. Employee Assistance Program (E.A.P.) shall mean an Employee Assistance Program provided by the District for the benefit of its employees.

V. The following conduct is prohibited.

A. Reporting to work, performing job duties or conducting any District business while under the influence of any illegal drug is strictly prohibited and shall subject the District employee to immediate discipline actions as hereinafter provided. Conduct of an employee giving rise to a reasonable suspicion that employee is under the influence shall be reported to the employee’s immediate supervisor or Human Resources.


B. The possession, use or distribution of any illegal drug or “look-alike” drug while on District property, performing job duties, or while in the course of the employees’ employment, at a District-sponsored student event, or at a student activity in which the District or other school districts participate, is strictly prohibited and shall subject the District employee to immediate discipline actions as hereinafter provided.

VI. In cases of suspected violations of this Rule, the following actions and procedures shall be implemented.

A. Any employee suspected of being in violation of this Rule shall be interviewed by his or her immediate supervisor or an administrator as soon as possible to determine whether the employee is in violation of this Rule. If necessary, the immediate supervisor or administrator may summon a second supervisor or administrator to be present at the interview and to assist in the determination. If the supervisor or administrator determines that there is a reasonable suspicion that the employee may be in violation of any provision of this Rule, the supervisor or administrator shall immediately refer the employee to the Assistant Superintendent of Human Resources or designee for further investigation.

B. If, upon further investigation, the Assistant Superintendent of Human Resources or designee has a reasonable suspicion that the employee has violated this Rule, he/she shall immediately suspend the employee with pay from his or her duties, and if the employee is being suspected of being under the influence of illegal drugs, may direct that the employee be tested for illegal drugs. Employees are required to submit to drug testing upon directive from the Assistant Superintendent of Human Resources or designee. The employee shall be advised of the required drug testing by the Assistant Superintendent of Human Resources, or designee, and be transported to a location for the administration of such required test.

C. The results of the drug test may be used to provide the employee an opportunity to exonerate himself/herself. If the employee tests negative for drugs, the employee will not be subject to disciplinary measures related to violation of the District’s drug policy and may be returned to duty. If a test of an employee positively detects the presence of illegal drugs, the results shall be confirmed in accordance with Neb. Rev. Stat. § 48-1903 prior to being used against an employee in any disciplinary or administrative action.

D. An employee who refuses to undergo testing based upon reasonable suspicion that the employee is intoxicated and/or under the influence of illegal drugs shall be subject to immediate disciplinary actions up to and including termination of employment and such refusal may be offered in evidence in any grievance proceeding and/or termination hearing.

E. Any employee who is subject to disciplinary action under this Rule shall, within a reasonable time, be provided a written statement setting forth the reasons for such disciplinary action. The written statement shall contain an acknowledgment of receipt signed by the employee. Should the employee refuse to sign the acknowledgment of receipt, the refusal shall be so noted on the receipt by the supervisor or administrator.

F. The Assistant Superintendent of Human Resources or designee shall undertake such additional investigation as may be necessary, and shall provide the employee with such written statement within a reasonable time specifically stating:

1. What additional action, other than being suspended from duties, if any, will be taken in accordance with this Rule; and

2. The date and/or the conditions under which the employee may return to his or her regular duties, if applicable; and


3. The employee’s due process rights and time limits to appeal by reference to the District’s grievance procedures or, if applicable, the provision of the collective bargaining agreement.

VII. At all times, each District employee shall make every reasonable effort to ensure that any employee who, in the course of their employment or in the discharge of duties, is under the influence of illegal drugs, does not operate a motor vehicle. Should an employee refuse to cooperate and attempt to operate a motor vehicle when such employee is under the influence of illegal drugs, law enforcement officials shall be immediately notified and the employee shall be subject to immediate disciplinary action up to and including termination of employment.

VIII. District employees who violate this Rule shall be subject to the following penalties.

A. Reporting to work under the influence of illegal drugs.

1. First offense: Employee will be issued a written reprimand, will be subject a minimum suspension of twenty days without pay, and a maximum of termination of employment. Mandatory referral to E.A.P. in the event the employee is not terminated.

2. Second offense: Employee shall be terminated from employment.

B. Illegal possession, use or distribution of illegal drugs, look-alike drugs or drug paraphernalia while on District property, or while in the course of the employee’s employment or in the discharge of his or her duties thereunder, at a district- sponsored student event, or at a student activity in which the District or other school districts participate.

1. First offense: Employee shall be terminated from employment.

C. Refusal to undergo further testing based on a reasonable suspicion of intoxication and/or under the influence of illegal drugs.

1. First offense: Employee shall be subject to immediate disciplinary action up to and including termination of employment and such refusal may be offered in evidence in any grievance proceeding and/or termination hearing.

IX. Employees of the District shall fully comply with and successfully complete the treatment directed by the District’s E.A.P. when the employee is being disciplined for violation of this Rule. Failure to do so shall result in termination of employment.

X. The Superintendent or designee may impose a lesser or alternative penalty than those provided for herein if the Superintendent or designee deems that a lesser or alternative disposition is in the best interests of the District and the employee.

XI. Any employee convicted of violating a criminal drug statute must notify the Assistant Superintendent of Human Resources or designee no later than one business day after the conviction. Failure to timely notify is grounds for termination of employment.

XII. The District will utilize the following counseling and education services:


A. Employees are encouraged to participate in the District’s substance abuse 
programs. Additionally, employees are encouraged to voluntarily utilize the E.A.P. services provided by the District in seeking assistance with substance abuse problems. An employee’s private use of these services on the employee’s own initiative will not jeopardize job security or promotional opportunity. When such use is private and voluntary, no identifying report of any kind will be made by the E.A.P. to the District unless the employee so chooses.

B. Any employee who is disciplined for drug use and not terminated shall be referred to the District’s E.A.P. for assessment, counseling, treatment and rehabilitation. This shall be a management referral and, as such, the employee shall be required to execute the necessary releases so that the E.A.P. may inform the District whether such employee is in compliance with directed treatment. 

C. The District will provide training for its administrators and supervisors to recognize typical symptoms of drug use and abuse.

Date of Adoption
February 5, 2007
Date of Revision
December 2, 2013
Reaffirmed
June 3, 2019

4205: Substitute Teachers

4205: Substitute Teachers holly Tue, 07/09/2019 - 15:21

The District shall employ substitute teachers as needed in the absence of regular teachers.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
December 21, 1998
October 16, 2006
Reaffirmed
September 16, 2013
September 16, 2019

4205.1: Substitute Teachers

4205.1: Substitute Teachers holly Tue, 07/09/2019 - 15:24

I. Substitute teachers are appointed on a temporary basis and continue as needs require. They do not come under the provisions of the Nebraska teacher tenure law. In accordance with state law and Nebraska Department of Education regulations, substitute teachers shall hold a valid Nebraska Teaching Certificate or Local Option Substitute Certificate prior to being assigned duties requiring such certification. The Board will set rates of compensation for substitute teachers. 

II. There are two classifications of substitute teachers: 

A. Daily substitute teachers are appointed to serve on a per diem basis for short, indefinite periods in meeting unforeseen and emergency situations. Service for fifteen or fewer consecutive days in any one substitute position is classified as a daily substitute. 

B. A substitute teacher who is appointed to serve for more than fifteen consecutive days in a given position for a definite, but limited, period is classified as a long-term substitute teacher. 

III. Substitute teachers employed less than ninety consecutive days in a given position do not qualify for fringe benefits provided by the District including, but not limited to: paid sick leave, life, dental and long-term disability insurance. Substitute teachers may become eligible for health insurance benefits under provisions of the Patient Protection and Affordable Care Act. 

IV. Substitute teachers are entitled access to the staff professional library. Substitute teachers may participate in classes the District offers for professional growth. 

V. All substitute teachers are required to assume duties as the principal may direct, and are subject to the same rules and regulations which govern other teachers. All arrangements for substitute teachers must be made through the office of substitute teacher placement. Teachers and principals should follow the procedures developed by the administration in arranging for substitute teachers.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
March 7, 1994
December 21, 1998
October 16, 2006
September 16, 2013
January 8, 2018
Reaffirmed
September 16, 2019

4210: Student Teachers and Practicum Students

4210: Student Teachers and Practicum Students holly Tue, 07/09/2019 - 15:31

The District, in cooperation with colleges and universities, shall establish a student teacher/practicum student program for students who are preparing to enter the teaching profession. The program shall provide an opportunity for student teachers to receive training in the District provided that such training does not impede or interfere with the satisfactory progress of the students.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
September 23, 2002
November 2, 2009
Reaffirmed
May 1, 2017

4210.1: Student Teachers and Practicum Students

4210.1: Student Teachers and Practicum Students holly Tue, 07/09/2019 - 15:34

A. The Superintendent or designee will assign student teachers or practicum students to teachers of the District who have been selected to participate in the student teacher/student practicum program. 

B. The Superintendent or designee will determine student teacher and practicum student assignments in cooperation with college officials, based on the availability of student teachers and the number of teachers participating in the program. 

C. Any teacher who is assigned a student teacher or practicum student shall assign to the student teacher or practicum student responsibilities and duties that will provide adequate preparation for teaching. 

D. The administration of this program in individual buildings is the responsibility of the building principal. 

E. The Superintendent or designee shall establish written guidelines for the student teacher/practicum student program which shall include the duties of the student teachers, the duties and responsibilities of the District's teachers participating in the program, the duties and responsibilities of the sponsoring colleges and universities, and the relationship between and among the administration, sponsoring colleges and student teachers. 

F. A student teacher or practicum student under the supervision of a certificated teacher, principal, or other administrator shall have the protection of the laws accorded the certificated teacher, principal, or other administrator and shall, while acting as such student teacher or practicum student, comply with all rules and regulations of the District and observe all duties assigned certificated teachers.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
September 23, 2002
November 2, 2009
Reaffirmed
May 1, 2017

4215: Summer School and Adult Education Teachers

4215: Summer School and Adult Education Teachers holly Tue, 07/09/2019 - 15:36

Teachers under contract with the District will be given first consideration for positions in summer school and adult education programs. Teachers in these programs will receive remuneration for their services in addition to regular salaries.

Date of Adoption
October 7, 1974
Date of Revision
June 2, 2003
September 7, 2010
Reaffirmed
February 17, 1997
September 18, 2017

4300: Professional Growth/Staff Development

4300: Professional Growth/Staff Development holly Tue, 07/09/2019 - 15:38

The Superintendent or designee shall create and maintain a comprehensive District staff development program for all employees.

Date of Adoption
October 7, 1974
Date of Revision
December 1, 1997
June 2, 2003
June 2, 2008
December 19, 2011
Reaffirmed
December 7, 2015

4300.1: Professional Growth

4300.1: Professional Growth holly Tue, 07/09/2019 - 15:40

Rules and Regulations for Purposes of Continued Employment 

Professional Growth Period for Permanent Certificated Employees 

Nebraska state law allows the District to amend or terminate the contract of a permanent certificated employee for failing to give evidence of professional growth as required by Neb. Rev. Stat. §79-830. 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, or in the alternative, such other professional growth activities as are approved by the Board. Each permanent certificated employee’s six-year period will commence on September 1 of the year coinciding with permanent certification status and on September 1 every six years thereafter. 

Professional Growth Activities for Permanent Certificated Employees 

Professional growth activities in connection with Neb. Rev. Stat. §79-830 shall consist of the professional work approved by the Board. The conditions and limitations pertaining to the performance and acceptance of such activities are subject to review and change by resolution of the Board of Education. Credit for engaging in a newly approved activity shall be allowed only for work done after the date of approval of the activity unless the Board provides otherwise. Where allowed by law, credit granted for any type of activity may be limited for each individual during the individual's professional growth period. This is done in order to encourage a variety of professional growth activities for each individual. 

Approval of Professional Growth Credit 

Except for professional growth courses and activities used to meet the requirements of Nebraska State Law, each staff development activity sponsored by the District or to be undertaken by an employee for purposes of salary advancement must be approved by the Superintendent or the Superintendent’s designee. 

Appeal 

Staff members may appeal decisions under this Rule to the Executive Director for Human Resources.

Date of Adoption
October 7, 1974
Date of Revision
February 20, 1984
July 2, 1990
September 7, 1993
November 18, 1996
June 5, 2000
June 2, 2008
December 19, 2011
December 7, 2015

4300.2: Staff Development

4300.2: Staff Development holly Tue, 07/09/2019 - 15:47

The purpose of staff development is to maximize staff potential, to impact student achievement, and to improve the operations of the District.  Comprehensive staff development includes both training and professional development.  

Definitions:  

Training is a learning experience to acquire specific skills (job target) or to meet legal requirements.   

Professional development is a continual and comprehensive learning experience to help staff improve their effectiveness as professionals.

Delivery Models

Training 

Delivery models will include but not be limited to face to face workshops or an on-line learning management system.  Comprehensive staff development will ensure staff members are offered training opportunities to improve job performance and workplace engagement.

Professional Development

Job-embedded professional development is included but not limited to professional learning communities for teachers in the District.  Professional development will also be offered for all staff in a variety of delivery methods including but not limited to, internally and externally offered face to face and on-line courses, workshops, institutes, networks, coaching and conferences through individual, small group or large group settings.

Content:

Comprehensive staff development will support the District strategic plan and building site plans in a systemic manner.

Comprehensive staff development will support the effective implementation of the Millard Instructional Model and Select Staff Indicators to support the growth of all educators.

Comprehensive staff development will support the effective implementation of the Millard Leadership Framework to support the growth of all supervisors, administrators and teacher leaders through continual leadership development.

Comprehensive staff development will respond to the requirements in law and other local, state and federal mandates.  

Planning:

Comprehensive staff development will use student and staff data and a collaborative method in planning, creating, and providing short term and long term professional development and training.  Input and support will be gathered from representatives of all stakeholders.

Accountability:

It is the responsibility of the District to provide staff development opportunities in the form of training and professional development that assist employees in carrying out the responsibilities of their jobs.  It is the responsibility of all employees to be continuously engaged in their professional growth and apply their learnings to improve their job performance.  It is the responsibility of each supervisor to ensure and promote staff development so that all staff members engage in continuous improvement.

Evaluation:  

The comprehensive staff development program will be continuously evaluated in order to determine the greatest possible educational benefits are being achieved.

Date of Adoption
December 19, 2011
Date of Revision
December 7, 2015

4310: Publication or Creation of Educational Materials

4310: Publication or Creation of Educational Materials holly Tue, 07/09/2019 - 15:49

Staff members are encouraged to contribute professional articles and professional news items to local, state and national agencies. As a matter of professional ethics and courtesy, a copy of all professional articles which refer to the Millard Public Schools should be sent to the Superintendent’s office.

Date of Adoption
October 7, 1974
Date of Revision
September 20, 1993
November 5, 2001
Reaffirmed
November 17, 2008
March 21, 2016

4315: Non-School Employment

4315: Non-School Employment holly Tue, 07/09/2019 - 15:51
 

Personnel of the schools may receive compensation for outside activities as long as these activities do not interfere with the proper discharge of their assigned duties.

Date of Adoption
October 7, 1974
Date of Revision
November 17, 1997
February 16, 2009
January 4, 2016
Reaffirmed
December 3, 2001

4315.1: Non-School Employment

4315.1: Non-School Employment holly Tue, 07/09/2019 - 15:53

I.When a staff member is employed outside school hours, it shall be understood that this employment can in no way interfere with the duties for which the employee is employed by the District. 

II.No employee shall use his or her position to solicit business from students or parents nor should any employee conduct personal business during school time or while performing duties for which he or she is employed by the District. No employee shall use District supplies, equipment or facilities to conduct personal business.

Date of Adoption
October 7, 1974
Date of Revision
August 2, 1993
December 3, 2001
January 4, 2016
Reaffirmed
February 16, 2009

4315.2: Tutoring

4315.2: Tutoring holly Tue, 07/09/2019 - 15:56

I. A teacher may not arrange to tutor during the school year for payment of a fee or other compensation for any child enrolled in his or her class. 

II. Teachers who accept outside tutoring engagements must make their own arrangements with the parents or guardians for fees, if any, to be charged. 

III. No tutoring for which a teacher receives a fee or other compensation will be allowed in a school building. 

IV. No District supplies, equipment or materials shall be used by teachers in their outside tutoring engagements.

Date of Adoption
August 2, 1993
Date of Revision
December 3, 2001
January 4, 2016
Reaffirmed
February 16, 2009

4315.3: Consultant Work

4315.3: Consultant Work holly Tue, 07/09/2019 - 15:57

Stipends received by a staff member for services rendered outside the District and during normal working hours will be paid over to the District, unless the staff member performs such service during an authorized leave as approved by the Office of the Superintendent.

Date of Adoption
November 6, 1995
Date of Revision
December 3, 2001
January 4, 2016
Reaffirmed
February 16, 2009

4320: Soliciting by Agents Prohibited

4320: Soliciting by Agents Prohibited holly Wed, 07/10/2019 - 08:44

Unless approved by the Board of Education, peddlers, agents, salespeople, and/or representatives of any commercial enterprise, theatrical production, or play are prohibited from calling upon, securing contracts with, or soliciting orders and business from any classroom teacher or other District employee while the classroom teacher or other District employee is actively engaged in the pursuit of his or her work. Materials from peddlers, agents, salespeople, and/or representatives of any commercial enterprise, theatrical production, or play shall not be accepted for distribution to classroom teachers or other District employees.

Date of Adoption
October 7, 1974
Date of Revision
March 4, 1991
September 23, 2002
January 11, 2010
Reaffirmed
January 23, 2017

4325: Grievances

4325: Grievances holly Wed, 07/10/2019 - 08:54


 

The Superintendent or his/her designee shall establish grievance procedures for employees. Grievance procedures in a collective bargaining agreement shall take precedence over policy and rule.

Date of Adoption
October 7, 1974
Date of Revision
March 18, 2002
September 20, 2010
Reaffirmed
November 17, 1997
December 21, 2009
July 9, 2018

4325.1: Grievance Procedure

4325.1: Grievance Procedure holly Wed, 07/10/2019 - 09:01

I. Any employee who has a grievance not otherwise covered by a grievance procedure included within a collective bargaining agreement or other specific grievance procedure shall use the procedure set forth in this Rule. The District shall consider the grievance abandoned and moot if the grievant fails to comply with the requirements and time limitations set forth in this Rule. 

II. The purpose of a grievance procedure is to resolve, as quickly as possible, problems which may arise concerning conditions of employment of District personnel. Nothing in this procedure will be construed as limiting the right of any employee having a grievance to discuss the matter informally with the employee’s administrator or immediate supervisor. Employees are encouraged to discuss a contemplated grievance informally with his or her administrator or immediate supervisor prior to filing a grievance. 

III. At any stage of the grievance procedure, a grievant may select another person or an employee organization to assist the grievant with the grievance and to appear with and as a representative of the grievant at any step in the grievance procedure. No reprisals of any kind shall be taken against any employee who utilizes the District’s grievance procedure or any other personnel participating in the grievance procedure. 

IV. This grievance procedure shall not apply to a certificated employee’s suspension without pay, or a proposed non-renewal, cancellation, termination, reduction in force, or amendment of a certificated employee’s contract all of which shall be administered in accordance with Nebraska Law and shall be specifically exempt from this grievance procedure. 

V. Information relating to an individually identifiable student or employee will only be disclosed to the person or persons filing the complaint or grievance, his or her designated representative or to other designated persons, provided such disclosure is allowed by law and in accordance with District policies and rules. 

VI. The time limits in these procedures are for the purpose of insuring prompt action. If an employee does not pursue the next step of a procedure within the time period specified, it shall constitute an abandonment of the grievance. If an investigating administrator does not respond within the time period specified, the employee may proceed to the next level of the grievance procedure. Nothing in this Rule shall prohibit the Associate Superintendent of Human Resources and the employee from jointly agreeing in writing to extend time lines set forth in this Rule. 

VII. Procedure 

A. Step 1: An employee shall, within ten (10) working days after the occurrence of the event or condition which is the subject of the grievance or the last of a series of events and conditions which constitute the grievance, make an appointment with and meet and discuss the matter with his/her immediate supervisor. In the event that the immediate supervisor is the subject of the grievance, the employee shall, within the same ten (10) working day time limitation, proceed to Step 2 of the procedure. Every effort will be made to resolve the grievance informally at this level. The immediate supervisor shall give the employee an oral response within ten (10) working days of such meeting. Due to the importance of resolving the grievance at this level, the meeting with the supervisor is important and essential, and the failure of the employee to attend such a meeting will constitute an abandonment of the grievance. 

B. Step 2: If the employee is not satisfied with the resolution of the grievance at Step 1, he or she may formalize the grievance by filing a formal written grievance with the Associate Superintendent of Human Resources within five (5) working days after the supervisor’s oral response at Step 1. 

1. The written grievance must be signed, contain a complete statement of the facts constituting the grievance, and state the relief sought and why the response at Step 1 was not acceptable. 

2. The Associate Superintendent of Human Resources will notify the supervisor that he or she has received such a formal written grievance and will forward the formal written grievance to the supervisor. The supervisor shall, within five (5) working days of receipt of the formal grievance, create a written response and forward the written response to the employee and to the Associate Superintendent of Human Resources. 

3. Upon receipt of the formal written grievance and the supervisor's written response, the Associate Superintendent of Human Resources shall investigate the grievance. As part of the investigation, the Associate Superintendent of Human Resources may meet with the employee and undertake such investigation as the Associate Superintendent of Human Resources deems appropriate. The Associate Superintendent of Human Resources may, in his or her discretion, designate another District administrator, other than any previously involved supervisor, or administrator, to conduct the investigation and grievance resolution when appropriate. 

4. The Associate Superintendent of Human Resources or his/her designee shall complete a written report and provide the employee with a copy of such written report within ten (10) working days of receiving the formal written grievance and the supervisor’s written response. Such written report shall summarize the facts, the determinations made, and, to the extent permissible, any corrective actions to be implemented. 

C. Step 3: If the employee is not satisfied with the resolution of the grievance at Step 2, he/she may appeal to the District's Superintendent by filing a formal written appeal with the Superintendent within five (5) working days after receipt of the written report by the Associate Superintendent of Human Resources. 

1. The written appeal must be signed, contain a complete statement of the facts constituting the grievance and appeal, state the relief sought, and the reason the previous resolution was not acceptable. 

2. Upon receipt of the formal written appeal, the Superintendent may, if he/she deems it necessary, investigate the grievance appeal. As part of any such investigation, The Superintendent may, in his or her sole discretion, designate another District administrator, other than any previously involved administrators, to conduct the investigation and grievance appeal resolution when appropriate. 

3. The Superintendent or designee shall complete a written decision and provide the grievant employee with a copy of such written decision within ten (10) working days of receiving the formal Step 3 written appeal. Such decision shall summarize the facts, the determinations made, and, to the extent permissible, any corrective actions to be implemented. The Superintendent's decision and any action taken shall be final. 

D. Definitions: 

1. "Grievance” shall mean a claim based upon an event or condition which concerns the terms and conditions of employment. Employee complaints regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 4001.2. 

2. "Grievant” shall mean the employee or employees claiming a grievance. 

3. "Interested party” shall mean any employee or group of employees who may be directly and materially affected by the decision of the grievance. 

4. “Working days” shall mean: (i) days when school is in session for students during the school year; and (ii) all weekdays when school is in recess for summer vacation, excluding any national holidays. 

Date of Adoption
October 7, 1974
Date of Revision
May 20, 1985
November 17, 1986
August 16, 1993
March 18, 2002
December 21, 2009
September 20, 2010
July 2, 2012
July 9, 2018

4326: Part-Time Certificated Employees

4326: Part-Time Certificated Employees holly Wed, 07/10/2019 - 09:11

The Board will employ part-time certificated employees as it deems necessary. 

Date of Adoption
October 7, 1974
Date of Revision
September 7, 1982
August 16, 1993
November 19, 2001
Reaffirmed
November 17, 2008
March 21, 2016

4326.1: Part-Time Certificated Employees

4326.1: Part-Time Certificated Employees holly Wed, 07/10/2019 - 09:13

The following Rules shall apply to part-time certificated employees:

  1. Part-time certificated employees are employed on a regular basis but working less than entire school days and weeks during an entire semester.
  2. Part-time certificated employees shall be compensated on the salary schedule according to the proportion of time they are assigned.
Date of Adoption
October 7, 1974
Date of Revision
September 7, 1982
November 16, 1987
July 10, 1989
August 16, 1993
November 19, 2001
Reaffirmed
November 17, 2008
March 21, 2016

4400: Salary Recommendations

4400: Salary Recommendations holly Wed, 07/10/2019 - 09:20

The District shall develop annual salary recommendations for all personnel to be reviewed by the Board of Education.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
January 22, 2001
November 2, 2015
Reaffirmed
November 17, 2008

4400.1: Salary Recommendations and Payroll Dates

4400.1: Salary Recommendations and Payroll Dates holly Wed, 07/10/2019 - 09:24

Each staff member will be notified of his/her salary or wage amount with each payroll.

Each employee will be paid according to the factors related to his/her position and/or any applicable collective bargaining agreement.

In individual situations, the Superintendent may decide that no salary increase be given, or that a salary increase be granted in addition to that listed on the salary schedule, provided the salary determination is in compliance with any applicable collective bargaining agreement.


Each employee compensated by the hour shall be paid bi-weekly (every other week); each salaried employee shall be paid monthly. Payroll schedules will be developed by the Superintendent or designee.

Date of Adoption
October 7, 1974
Date of Revision
November 17, 1986
August 16, 1993
January 22, 2001
November 2, 2015
Reaffirmed
November 17, 2008

4400.2: Salary Recommendations - Teacher and Nurse Placements

4400.2: Salary Recommendations - Teacher and Nurse Placements holly Wed, 07/10/2019 - 09:28

The following Rules apply to certificated employees who are paid according to the Teacher's or Nurse’s Negotiated Agreement:

I. Teachers and nurses employed 90 consecutive full days or more in the same position shall be compensated on the salary schedule according to the proportion of time they are assigned, and the District shall provide fringe benefits stipulated in the collective bargaining agreement. 

II. Employment for 90 days shall not include those days during which the teacher or nurse serves as a substitute for a regular employee who is on a temporary paid or unpaid leave of absence.

Date of Adoption
August 7, 1978
Date of Revision
May 6, 1985
August 16, 1993
July 1, 1996
August 4, 1997
March 15, 1999
March 20, 2000
January 22, 2001
February 4, 2002
June 3, 2002
May 16, 2005
November 2, 2015
Reaffirmed
November 17, 2008

4405: Payroll Deductions

4405: Payroll Deductions holly Wed, 07/10/2019 - 09:37

Payroll deductions will be allowed for the following: health insurance premiums, dental insurance premiums, vision insurance premiums, life insurance premiums, long-term disability insurance premiums, 403(b) contributions, 457(b) contributions, Section 125 Plan contributions, Health Savings Account contributions, United Way of the Midlands contributions, Millard Public Schools Foundation contributions, professional dues and/or Union dues, United States Savings Bonds, and any other payroll deduction allowed by law and policy. Any income to be deferred under this Policy shall not exceed the total compensation to be paid the employee.

Nothing in this Policy shall conflict with any collective bargaining agreements or individual contracts between the District and its personnel.  All authorizations for deductions shall be in writing.

Date of Adoption
August 18, 1980
Date of Revision
September 20, 1982
March 4, 1991
August 2, 1993
January 18, 1999
March 7, 2005
November 6, 2017
Reaffirmed
December 19, 2011

4405.1: Payroll Deduction - Health, Dental, Life & Long-term Disability & Section 125

4405.1: Payroll Deduction - Health, Dental, Life & Long-term Disability & Section 125 holly Wed, 07/10/2019 - 09:42

The District provides eligible employees with the opportunity to participate in group health, dental, vision, life and long-term disability insurance programs, Health Savings Accounts, and Section 125 flexible spending accounts according to collective bargaining agreements between the District and the organizations representing each employee group, or as provided for by salary, wage and benefit plans adopted by the Board for employees not covered by a collective bargaining agreement.

When full premiums are not paid by the District, the employee shall pay his or her share of the premiums through payroll deduction in order to be eligible for the benefit.

Date of Adoption
September 4, 1984
Date of Revision
February 3, 1992
January 18, 1999
March 7, 2005
November 6, 2017
Reaffirmed
December 19, 2011

4405.2: Payroll Deductions - U.S. Savings Bonds

4405.2: Payroll Deductions - U.S. Savings Bonds holly Wed, 07/10/2019 - 09:45

Employees may participate in payroll deductions for the purchase of United States Savings Bonds.  Enrollment forms are available from the district payroll office.

Date of Adoption
February 3, 1992
Date of Revision
January 18, 1999
March 7, 2005
Reaffirmed
December 19, 2011
November 6, 2017

4405.3: Payroll Deductions - 403(b) Tax Sheltered Annuities and Custodial Accounts

4405.3: Payroll Deductions - 403(b) Tax Sheltered Annuities and Custodial Accounts holly Wed, 07/10/2019 - 09:49

I. Employees desiring to participate in a 403(b) tax-sheltered annuity or custodial account program shall have: 

A. Selected a sponsoring company from the list of companies approved by the District; 

B. Completed the sponsoring company's required forms; 

C. Completed the District's salary reduction agreement available through the payroll office, at least 15 days prior to the scheduled payroll start date; and 

D. Have the sponsoring company file a Hold Harmless Agreement with the District (unless an executed Hold Harmless Agreement is already on file with the District). 

II. The District shall have available a list of companies through which employees currently have tax-sheltered annuities or custodial accounts. The District will not select nor recommend nor provide any advice to employees with respect to an annuity contract or custodial account in which the employees' contributions are invested. 

III. An employee who desires to contribute more than the maximum elective deferral shall provide the District such information as is needed to ensure that the amounts contributed in excess of the maximum will qualify under the Internal Revenue Service rules. 

IV. The employee and the sponsoring company are responsible for determining that the salary reduction amount does not exceed the limits as set forth in applicable law. The employee must agree to indemnify and hold the District harmless against any and all actions, claims and demands whatsoever that may arise from the purchase of annuities or custodial accounts for employees in amounts in excess of contribution limits as defined under applicable law. 

V. The employee must agree that the District shall have no liability whatsoever for any and all losses suffered by the employee with regard to his or her selection of the annuity and/or custodial account, its terms, the financial condition, operation of, administration of, or benefits provided by the company providing the annuity and/or custodial account. The sponsoring companies shall be responsible for monitoring compliance with all applicable statutes and regulations, and the District assumes no responsibility therefor. 

VI. The District shall adopt: (a) a Plan Document to satisfy the requirements of section 403(b) of the Internal Revenue code of 1986, as amended, as a defined contribution tax-deferred annuity plan of a governmental entity; and (b) an Investment Policy regarding the selection and de-selection of funding vehicles and investment providers (vendors).

Date of Adoption
August 21, 1978
Date of Revision
February 3, 1992
June 15, 1998
March 7, 2005
December 15, 2008
December 19, 2011
November 6, 2017

4405.4: Payroll Deductions - United Way of the Midlands

4405.4: Payroll Deductions - United Way of the Midlands holly Wed, 07/10/2019 - 09:52

Payroll deductions for the United Way of the Midlands campaign are allowed. The employee's contribution must total at least $8 to qualify for payroll deduction. Payroll reduction agreements are due in the payroll office 15 days prior to the first deduction. 

Date of Adoption
October 7, 1974
Date of Revision
February 3, 1992
January 18, 1999
March 7, 2005
October 5, 2009
Reaffirmed
December 19, 2011
November 6, 2017

4405.5: Payroll Deductions - Professional or Union Dues

4405.5: Payroll Deductions - Professional or Union Dues holly Wed, 07/10/2019 - 10:00

Payroll deduction agreements for professional or union dues are due in the payroll office 15 days prior to the first deduction. The authorization form for the employee shall include a notice to the employee of the employee's right to refuse authorization. The authorization may also authorize the professional organization or union to certify annually the amount to be deducted from the employee's wages.

Date of Adoption
October 7, 1974
Date of Revision
February 3, 1992
January 18, 1999
March 7, 2005
December 19, 2011
Reaffirmed
November 6, 2017

4405.6: Payroll Deductions - Governmental 457(b) Deferred Compensation Plan

4405.6: Payroll Deductions - Governmental 457(b) Deferred Compensation Plan holly Wed, 07/10/2019 - 10:03

I. Employees desiring to participate in a governmental 457(b) deferred compensation plan shall have:

a. Selected a sponsoring company from the list of companies approved by the District;

b. Completed the sponsoring company's required forms;

c. Completed the District's salary reduction agreement available through the payroll office, at least 15 days prior to the scheduled payroll start date; and

d. Have the sponsoring company file a Hold Harmless Agreement with the District (unless an executed Hold Harmless Agreement is already on file with the District).

II. The District shall have available a list of companies through which employees currently have governmental 457(b) deferred compensation plans. The District will not select nor recommend nor provide any advice to employees with respect to a deferred compensation plan in which the employees' contributions are invested. 

III. An employee who desires to contribute more than the maximum elective deferral shall provide the District such information as is needed to ensure that the amounts contributed in excess of the maximum will qualify under the Internal Revenue Service rules.

IV. The employee and the sponsoring company are responsible for determining that the salary reduction amount does not exceed the limits as set forth in applicable law. The employee must agree to indemnify and hold the District harmless against any and all actions, claims and demands whatsoever that may arise from the governmental 457(b) deferred compensation plans for employees in amounts in excess of contribution limits as defined under applicable law. 

V. The employee must agree that the District shall have no liability whatsoever for any and all losses suffered by the employee with regard to his or her participation in and/or selection of the 457(b) deferred compensation plan, its terms, the financial condition, operation of, administration of, or benefits provided by the company providing the 457(b) deferred compensation plan. The sponsoring companies shall be responsible for monitoring compliance with all applicable statutes and regulations, and the District assumes no responsibility therefor.

VI. The District shall adopt: (a) a Basic Plan Document to satisfy the requirements of section 457 of the Internal Revenue code of 1986, as amended, and shall provide for and govern participation in the plan, contributions and limitations on contributions, time and method of payment of benefits, plan administrator duties, participant administration requirements, and amendments, termination and transfers; and (b) an Investment Policy regarding the selection and de-selection of funding vehicles and investment providers (vendors).

Date of Adoption
September 2, 1980
Date of Revision
November 17, 1997
March 7, 2005
December 19, 2011
November 6, 2017-Re-numbered from 4406.8

4405.7: Payroll Deductions - Millard Public Schools Foundation

4405.7: Payroll Deductions - Millard Public Schools Foundation holly Wed, 07/10/2019 - 10:09

Payroll deductions for contributions to the Millard Public Schools Foundation are allowed. The employee's contribution must total at least $8 to qualify for payroll deduction. Written authorization must be submitted to the payroll office 15 days prior to the first deduction.

Date of Adoption
March 4, 1991
Date of Revision
January 18, 1999
March 7, 2005
October 5, 2009
December 19, 2011
Reaffirmed
November 6, 2017

4410: Employee Identification Badge

4410: Employee Identification Badge holly Wed, 07/10/2019 - 10:14

Each eligible employee of the District will be issued a photo identification badge.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
March 4, 2002
November 2, 2009
Reaffirmed
April 5, 2005
January 23, 2017

4410.1: Employee Identification Badge

4410.1: Employee Identification Badge holly Wed, 07/10/2019 - 10:20

Each non-student employee of the District will be issued a photo identification badge. Each employee must wear the badge in a clearly visible location on the employee’s clothing while on duty or on district property. Identification badges are district property and must not be altered in any way. The District will provide free replacement for damaged badges or change of name. In the event the identification badge is lost or stolen, the loss or theft shall be immediately reported to the employee’s principal or supervisor. The employee will be issued a badge to replace the one lost or stolen and the employee shall pay the cost of the replacement badge at the time it is issued. 

The employee shall not give or permit a third party to use the badge. If the employee gives or permits a third party to use the badge, it will be confiscated and must be reclaimed by the employee from his/her supervisor. The badge shall be used only by the person whose name and photo appears on the badge. In the event the employee ceases employment with the District, any and all identification badges in the possession of the employee will be surrendered to the employee’s immediate supervisor on the last day the employee performs duties on district premises. The supervisor will forward the badge to Human Resources.

Admittance to Activities

The badge will admit the employee and one guest to district school-sponsored activities.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
March 4, 2002
November 2, 2009
Reaffirmed
April 5, 2005
January 23, 2017

4510: Leaves of Absence

4510: Leaves of Absence holly Wed, 07/10/2019 - 10:24

Leaves of absence may be granted with or without loss of pay provided, however, that such shall be in accordance with the federal and state laws. Any rights of the employer are specifically reserved by the District.


All leaves granted in accordance with this policy and its applicable rules shall be reported to the Board annually.

Date of Adoption
October 7, 1974
Date of Revision
January 10, 1983
September 20, 1993
March 17, 2003
Reaffirmed
February 21, 2011
November 6, 2017

4510.01: Illness, Injury, Disability

4510.01: Illness, Injury, Disability holly Wed, 07/10/2019 - 10:27

I. Rules.

The following provisions shall apply to usage of leave for illness, injury, and/or disability (hereinafter "sick leave”) by eligible employees:

A. Eligible employees may be required to file a doctor's statement certifying to the need for the absence when using leave for illness, injury, or disability.

B. An eligible employee who has been absent due to illness, injury or disability shall report the absence and set forth the reason he or she is entitled to sick leave. Absences shall be reported through the building principal or immediate supervisor. 

C. When an eligible employee becomes aware of circumstances which may require an extended absence, such employee shall notify his/her immediate supervisor. Circumstances that would require such notice include but are not limited to: pregnancy, extended illness, personal injury, anticipated surgery, hospitalization and/or disability preventing the performance of the employee’s job. The eligible employee may be required to furnish a written statement from his/her physician confirming the condition and providing an opinion as to the employee's physical and/or mental ability to continue employment. If applicable, the physician shall advise the District of the scheduled date of surgery, the expected delivery date for pregnancy, and/or the date the employee should discontinue work.

D. The Superintendent or his/her designee may make a continuing request for medical evidence demonstrating the continued need for sick leave and may also request a physician’s opinion as to the anticipated date that the eligible employee will be able to return to work.

E. Except as provided by the Family Medical Leave Act, eligible employees may use accumulated personal illness leave in the event there is illness in the immediate family; however, the maximum number of days per school year that can be used for this purpose is ten (10). The Superintendent or his/her designee may waive this maximum number for extenuating circumstances.

F. The District may limit any of the above provisions if an eligible employee has abused the District’s provisions governing leaves of absence.

II. On-the-job Injury

Employees sustaining an injury arising out of and in the course of his/her employment with the District shall immediately notify the building principal and/or his/her immediate supervisor and shall obtain and complete a worker’s compensation accident report form. The form should be sent to the Human Resources office within twenty-four (24) hours of the injury. The employee must also complete the Choice of Doctor form (Form 50) made available by the employee’s supervisor or Human Resources Department. Failure to complete and return the fully completed Form 50 within a reasonable period of time, not to exceed 30-days from the date of injury, provides the District the right to select a physician to treat the employee in accordance with Neb. Rev. Stat. § 48-120.

III. Definitions:

A. "Eligible employee” shall mean an employee who has not exhausted his/her paid sick leave provided for by the applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement.

B. "Extended period of absence” shall mean an absence of three (3) or more consecutive work days.

C. "Immediate family” shall mean the employee's spouse, parents, children, grandchildren, brothers, sisters, grandparents, mother‑in‑law, father‑in‑law, sisters‑in‑law, brothers‑in‑law, sons‑in‑law, daughters‑in‑law, spouse’s grandparents, or any relative who is a permanent resident in the employee's home or for whom the employee has specific legal responsibility.

Date of Adoption
October 7, 1974
Date of Revision
July 5, 1983
April 15, 1989
September 7, 1993
September 9, 1996
July 27, 1998
March 17, 2003
February 21, 2011
November 6, 2017

4510.02: Long Term Disability - Group Income Protection Plan

4510.02: Long Term Disability - Group Income Protection Plan holly Wed, 07/10/2019 - 10:36

I. Procedure 

Employees who qualify for long term disability under the District's Group Income Protection Plan (hereinafter “the Plan”) shall be considered to be separated from employment under the Plan upon initial receipt of benefits under the Plan. In order to receive benefits under the Plan, the following procedures shall be followed: 

A. The employee or his/her designee shall submit a written application for Long Term Disability benefits on the form approved by the Plan’s insurance provider. The Plan’s insurance provider shall review the request and the insurance provider shall determine if the employee is eligible for benefits under the terms of the Plan. The employee’s written application must establish and certify that the employee is unable to do the essential functions of the employee’s job with or without reasonable accommodations. 

B. Upon approval of benefits under the Plan by the Plan’s insurance provider, the employee shall submit a written resignation to the Superintendent or his/her designee as a condition of receiving benefits. The employee’s written resignation must establish and certify that the employee is unable to do the essential functions of the employee’s job with or without reasonable accommodations. 

C. In the event the former employee is able to return to his/her job with or without reasonable accommodation within one (1) year of initial receipt of benefits, the former employee shall be entitled for re-employment by the District. To be eligible for preferred re-employment under this provision, application must be submitted by the former employee within one (1) year of the date benefits were first received under the Plan. 

1. If a former employee returns to employment within one (1) year of initial receipt of Plan benefits, the District will attempt to re-employ the employee in an available position comparable to the position held prior to the employee’s resignation for which the employee is qualified by virtue of certification and licensure. 

2. In the event long-term disability benefits exceed one (1) year, the former employee will not be entitled to preferred re-employment, but the former employee may apply for future employment with the District as an applicant without any preferred right of employment. 

D. In the event an employee applies for benefits under the Plan, but benefits are denied by the Plan’s insurance provider, the employee may request leave under Board Rule 4510.5 (Extended Leave Without Pay) and/or Board Rule 4510.6 (Family and Medical Leave Act) as applicable. 

II. Salary and Benefits 

During the period of separation of employment, the former employee will not be paid a salary nor will he/she be advanced on any salary schedule. Health insurance coverage provided to the former employee by the District immediately prior to the leave of absence may be continued during such leave at the former employee’s expense in accordance with the provisions of COBRA and the health insurance plan. This Rule shall apply to all persons who are or have been receiving benefits under the Plan.

Date of Adoption
October 3, 1988
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2010
June 3, 2013
November 6, 2017

4510.03: Business and Emergency Leave

4510.03: Business and Emergency Leave holly Wed, 07/10/2019 - 10:39

I. Paid leave may be granted to eligible employees for personal business obligations or unforeseen emergencies (hereinafter "B/E leave”) which cannot be scheduled on non-duty days or at a time other than during working hours. 

II. Requests for B/E leave shall be reviewed by the employee’s immediate supervisor. Approval of B/E leave shall be at the sole discretion of the District and will be based upon the following factors: 

A. The particular date the leave is requested, 

B. The number of requests for the date requested, 

C. The availability of a substitute (if needed), and 

D. Any other factors deemed relevant by the District. 

III. Sufficient Grounds for B/E Leave: 

A. Examples of situations for which B/E leave may be granted are: 

1. Legal matters which cannot be arranged at a time other than during working hours. 

2. To attend the funeral of a friend or non-immediate family member. 

3. Doctor or dental appointments for employee or immediate family members which cannot be scheduled at a time other than during working hours. 

4. Employee’s college requirements including, but not limited to, meeting with an advisor, taking tests and other District approved course requirements which cannot be scheduled at a time other than during working hours. 

5. Closing on the sale or purchase of employee’s personal primary residence. 

6. Moving to or from a house which cannot be scheduled at a time other than working hours. 

7. Weddings and/or graduations of the employee, of a family member (including a non-immediate family member), of a friend, or when the employee’s children participate. 

(Note: Employees are limited to paid leave for the day of the graduation or wedding; however, a second B/E day will be allowed for travel if the ceremony is more than 200 miles away.) 

8. Attending a competition where the employee is the spouse of an employee‑participant or the parent of a student‑participant. 

9. Observation of major religious holiday as approved by the Human Resources Office. 

10. District approved course-work. 

11. Serious illness of a friend or family member (including non-immediate family members). 

B. Examples of Insufficient Grounds for B/E Leave: 

1. Accompanying a spouse on a business trip or vacation. 

2. Applying or interviewing for a position outside the District. 

3. Entertaining, shopping and/or running errands. 

4. Closing on the sale or purchase of rental, business, or secondary property. 

5. Looking for housing. 

6. Personal recreational activities, (e.g. hunting, fishing, hobbies, family or personal 
vacations and family business trips.) 

C. Leave without pay may be granted for any of the above grounds if approved by the Superintendent or his/her designee. 

IV. Definitions: 

A. "Eligible employees” shall mean employees who have not exhausted their paid leave (i.e. paid sick leave) provided for by the applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement. Use of B/E leave shall reduce the paid leave allocation of the employee. 

B. "Immediate family” shall mean employee’s spouse, parents, children, grandchildren, brothers, sisters, grandparents, mother‑in‑law, father‑in‑law, brother‑in‑law, sister‑in‑law, son‑in‑law, daughter‑in‑law, spouse’s grandparents or any other relative who is a permanent resident in the employee’s home or for whom the employee has specific legal responsibility. 

C. “Working hours” shall mean the regularly scheduled hours of work assigned to an employee as determined by the Superintendent or designee and in accordance with applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement.

Date of Adoption
October 7, 1974
Date of Revision
August 6, 1979
July 10, 1989
September 7, 1993
June 16, 1997
July 27, 1998
March 17, 2003
February 21, 2011
September 6, 2011
November 6, 2017

4510.04: Leave Without Pay

4510.04: Leave Without Pay holly Wed, 07/10/2019 - 10:43

I. Requests for leave without pay will be considered on an individual basis. Factors for determination will include the following:

A. The amount of leave time requested, 

B. The frequency of the employee’s request for leave without pay, 

C. The availability of a substitute (if necessary), 

D. The effect of the employee taking leave would have on the educational process or District operation, and 

E. Any other factors deemed relevant by the District. 

Requests for an extension of leave without pay after a medical leave has expired will also be considered on an individual basis. The District discourages the use of leave without pay for vacations and/or spousal business trips.

II. Procedure. Initial approval or denial will be made by the employee’s immediate supervisor. The supervisor’s recommendation will be submitted to the Human Resources Office for final determination.

III. Benefits and Salary Schedule. If an employee elects to take leave without pay for a period exceeding ten (10) working days, the unpaid leave period shall also be leave without paid benefits.

IV. Violation of District Determination. If a request for leave is denied and the employee takes unauthorized leave or the employee takes more leave than the amount authorized by the District, the employee’s actions shall constitute neglect of duty, insubordination, and conduct which interferes substantially with the continued performance of the employee’s duties as set forth in 79-824(4) and the District may take any discipline as authorized by policy.

Date of Adoption
July 21, 1980
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017

4510.05: Extended Leave Without Pay

4510.05: Extended Leave Without Pay holly Wed, 07/10/2019 - 10:47

I. Extended leave without pay is leave for one or more semesters or, in the case of leave under the Family and Medical Leave Act (FMLA), for a period of time exceeding FMLA entitlement. Such leave may be granted for the following: continuing one’s education, personal or immediate family health reasons, or to stay at home with one’s children. At the sole discretion of the District, such leave may also be granted for other personal reasons depending upon the circumstances. Such leave will not be granted if the purpose of the requested leave or the reason necessitating the leave request is to seek or obtain other employment, if the employee intends to work for another employer during the leave, or to move from the Omaha area regardless of the reason for such move. 

II. Procedures and Conditions. After a minimum of three (3) years of employment with the District, an extended leave without pay may be granted. The following procedure must be followed: 


A. A request for an extended leave of absence without pay must be submitted in writing to the Human Resources Office. Such request is not automatically recommended to the Board for its approval. If the request is for one full semester or more, the request must receive formal approval from the Board of Education after approval from the Human Resources Office. 

B. Leaves may be granted for up to one school year. Any extended leave of absence without pay that exceeds one full semester shall be considered one school year. To continue leave beyond one school year, the employee must reapply. A leave beyond one school year will only be granted in extreme circumstances. 

C. A request for leave to continue one’s education must be submitted at least one semester prior to the requested leave and must include the name of the institution, the course of study and the number of semester credit hours to be completed. The course of study must meet the approval of the District. A minimum of nine (9) credit hours must be earned for each semester of leave. 

D. A leave of absence agreement must be accepted by the employee requesting the leave prior to the request being submitted to the Board for approval. 

E. When an employee wishes to return from extended leave without pay, the employee shall report this intention in writing to the Human Resources Office by the following: 

(1) on or before February 1 when the employee intends to return at the beginning of the following school year; or 

(2) at least one month prior to return when the requested leave expires during the middle of a school year. If no such notice is received by the applicable deadline, the employee’s inaction will be considered a resignation. The District shall not be responsible for reminding an employee of this requirement. 

III. Salary and Benefits. During the extended leave without pay, the employee will not receive salary or credit for years of service with the District. Health insurance coverage provided to the employee by the District immediately prior to the leave of absence may be continued during such leave at the employee’s expense in accordance with the provisions of COBRA and the health insurance plan. 

IV. Return to Employment. The District does not guarantee that an employee on extended leave without pay will return to the same building location or to the position held prior to the leave of absence. Reasonable efforts will be made to place the employee in the same or comparable position upon returning to employment. An employee returning from leave must verify the leave was for the purpose requested.

Date of Adoption
April 16, 1979
Date of Revision
September 7, 1993
March 17, 2003
April 4, 2005
February 21, 2011
July 2, 2012

4510.06: Leaves of Absence - Family Medical Leave Act (FMLA)

4510.06: Leaves of Absence - Family Medical Leave Act (FMLA) holly Wed, 07/10/2019 - 10:49

I. Entitlement to Unpaid Leave under the FMLA. 

A. Eligibility for Family/Medical Leave. Any employee with 12 months or more of service who worked 1,250 hours or more in the immediately preceding 12 months is eligible for a Family Leave and Medical Leave Act (FMLA). An eligible employee shall be entitled to a total of 12 work weeks of leave during any 12-month period for one or more of the following reasons: 

1. The birth of a son or daughter of an employee and in order to care for such son or daughter; 


2. The placement of a son or daughter with an employee for adoption or foster care; 


3. To care for a spouse, son, daughter, or parent of an employee if such spouse, son, daughter, or parent has a serious health condition; 


4. A serious health condition that makes an employee unable to perform the functions of the position of such employee;


5. A qualifying exigency arising out of employee’s spouse, son, daughter or parent being on covered active duty or who has been notified of an impending call or order to covered active duty; and/or 


6. An employee’s cumulative absences under this policy may not exceed 12 weeks in any 12 month period. The 12-month period shall be measured backward from the date the employee uses the FMLA leave. If employee’s spouse also works for the District, their combined FMLA leave for any purpose other than their own serious health condition or that of a child or spouse shall be limited to 12 weeks in a 12-month period, except as hereinafter provided. 

B. Military Family Leave under the Family and Medical Leave Act. An eligible employee shall be entitled to FMLA leave for any qualifying exigencies arising from the foreign deployment of the employee’s spouse, son, daughter or parent with the Armed Forced or to care for a serviceman with a serious injury or illness if the employee is the servicemember’s spouse, son, daughter, parent or next of kin as follows: 

1.Thirty (30) days during the time the deployment order is in effect for a spouse or parent of the employee as set forth in the Nebraska Family Military Leave Act; 


2. A total of 12 work weeks of leave during any 12-month period because of any qualifying exigency arising out of the fact that a spouse, son, daughter or parent is on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces; or 


3. A total of 26 work weeks of leave during any 12-month period to care for a covered servicemember who is a spouse, son, daughter, parent, or next of kin, when the covered servicemember is: 

i. A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status or on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty, or existed before the beginning of the servicemember’s active duty and was aggravated by service in the line of duty in the Armed Forces, and which may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank, or rating. 

ii. A veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, for a qualifying injury or illness, as defined by the Secretary of Labor, that was incurred by the member in the line of duty on active duty in the Armed Forces, or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that manifested itself before or after the member became a veteran. 

C. Expiration of Entitlement for Child Birth or Adoption Leave. The entitlement to leave for child birth or adoption leave shall expire at the end of the 12-month period beginning on the date of such birth or placement. 

D. Combined Leave Total. An eligible employee shall be limited to a combined total of 26 work weeks of leave for any FMLA-qualifying reasons during the single 12-month period. 

E. Paid and Unpaid Leave. If the District provides paid leave for a lesser period of time, the additional weeks of leave necessary to attain the days or work weeks of leave required under this Rule will be provided without compensation. 

1. The District shall require the employee to substitute any of the employee’s available paid leave for any part of the time period for such leave. 

2. No extensions beyond the required periods of leave for any given 12-month period will be allowed without prior District approval. However, if an employee uses paid leave under circumstances that are determined by the District not to qualify as FMLA leave, the leave will not count against the weeks of FMLA leave to which the employee is entitled. 

3. If any of the above provisions are subject to a collective bargaining agreement, and provided that such provisions do not impose additional limitations or violate state or federal law, the provisions of the collective bargaining agreement shall prevail. 

F. Intermittent or Reduced Leave. 

1. Immediate Family or Employee Health or Servicemember Family Leave for Instructional Personnel. Subject to the following paragraphs, in any case in which an eligible District employee, employed principally in an instructional capacity for the District, requests leave for immediate family, employee health, or servicemember family leave that is foreseeable based on planned medical treatment, and the employee would be on leave for greater than 20% of the total number of working days in the period during which the leave would extend, the District may require that such employee elect either: 

a. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or 

b. To transfer temporarily to an available alternative position offered by the District for which the employee is qualified and that: 

i. Has equivalent pay and benefits; and 

ii. Better accommodates recurring periods of leave than the employee’s regular employment position. 

2.Immediate Family or Employee Health or Servicemember Family Leave for Non-Instructional Personnel. Leave for immediate family, employee health, or servicemember family leave may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph shall not result in a reduction of the total leave to which the employee is entitled beyond the amount of leave actually taken. If an employee requests intermittent leave, or leave on a reduced leave schedule under this section that is foreseeable based on planned medical treatment, the District can require such employee to transfer temporarily to an available alternative position offered by the District for which the employee is qualified and that: 

a. Has equivalent pay and benefits; and 

b. Better accommodates recurring periods of leave than the employee’s regular employment position. 

G. Birth or Adoption Leave. Birth or adoption leave shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the District agree otherwise. 

II. Employee’s Notice Requirement for Births or Adoptions. In any case in which the necessity for leave for child birth or adoption leave is foreseeable based on an expected birth or placement, the employee shall provide the District Human Resources Office with not less than 30 days’ notice before the date the leave is to begin of the employee’s intention to take leave, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as soon as is practicable. 

III. Requirement for Health Leave or Servicemember Family Leave. 


A. In any case in which the necessity for leave for immediate family, employee health, or servicemember family leave is foreseeable based on planned medical treatment, the employee: 

1. Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, parent, or next of kin of the employee, as appropriate; and 

2. Shall provide the District Human Resources Office with not less than 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave under such subparagraph, except that if the date of such treatment requires leave to begin in less than 30 days, the employee shall provide such notice as soon as is practicable. 

B. In any case in which the necessity for leave for an impending family member’s call to covered active duty is foreseeable, whether because the spouse, or a son, daughter, or parent of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty in the Armed Forces, the employee shall provide such notice to the District as is reasonable and practicable. 

IV. Certification for Serious Health Condition Leave. The District shall require that a request for leave for immediate family or employee health be supported by a medical certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, as appropriate, which sets forth the information required by 29 C.F.R. § 825.306(a). 

A. Clarification and Authentication. The District may contact the health care provider for purposes of clarification and authentication of the medical certification, whether an initial certification or recertification, after the employee has been given the opportunity to cure deficiencies and as provided in 29 C.F.R. § 825.307(a). It is the employee’s responsibility to provide the District with a complete and sufficient medical certification and to clarify the medical certification if necessary. 

B. Second Opinion. In any case in which the District has reason to doubt the validity of the medical certification, the District may require, at the expense of the District, that the eligible employee obtain the opinion of a second health care provider designated or approved by the District concerning any information certified above for such leave. A health care provider so designated by the District shall not be employed on a regular basis by the District. 

C. Resolution of Conflicting Opinions. In any case in which the second opinion described above differs from the opinion of the original certification provided under this Rule, the District may require, at the expense of the District, that the employee obtain the opinion of a third health care provider designated or approved jointly by the District and the employee concerning the information so certified under this Rule. The opinion of the third health care provider concerning the information certified under this Rule shall be considered to be final and shall be binding on the District and the employee. 

D. Recertifications. The District may require that the eligible employee obtain recertification no more often than every thirty days in accordance with 29 C.F.R. § 825.308. 

V. Certification for Qualifying Exigency and Military Caregiver Leave. 

The District shall require that for a request for qualifying exigency or military caregiver leave, the employee provide a copy of the documentation issued by the military or a health care provider certification, and the applicable Department of Labor forms or another District form containing the same basic information. 

VI. Spouses Employed by the District. In any case in which a husband and wife are both eligible for leave under this Rule are both employed by the District, the aggregate number of work weeks to which both may be entitled will be limited as follows: 

A. To 12 work weeks during any 12-month period for child birth and bonding with the newborn child, or adoption and bonding with the newly placed child, or immediate family health leave. 

B. To 26 work weeks during any single 12-month period for the care of a servicemember with a serious injury or illness referred to as “military caregiver leave”, if each spouse is a parent, spouse, son or daughter or next of kind of the servicemember. 

Eligible spouses who are both employed by the District are each entitled to up to 12 work weeks of FMLA in a 12-month period without regard to the amount of FMLA leave their spouse uses for the following FMLA qualifying reasons: 

A. The care of a spouse or son or daughter with a serious health condition; 

B. A serious health condition that makes the employee unable to perform the essential functions of his or her job; and 

C. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty.” 

VII. Employment and Benefits Protection. 

A. Restoration to Position. Except as otherwise provided, any eligible employee who takes leave under this Rule for the intended purpose of the leave shall be entitled, on return from such leave: 

1. To be restored by the District to the position of employment held by the employee when the leave commenced; or 

2. To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. For purposes of determinations relating to restoration to an equivalent position, such determination shall be made on the basis of established District board policies and practices and collective bargaining agreements. 

B. Employment Benefits. The taking of leave shall not result in the loss of any employment benefits accrued prior to the date on which the leave commenced. 

C. Limitations. Nothing in this section shall be construed to entitle any restored employee to: 

1. The accrual of any seniority or employment benefits during any period of leave; or 

2. Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. 

D. Periodic Reporting. The District may require an employee on child birth or adoption, immediate family, or employee health leave to report periodically on the status and intention of the employee to return to work. 

VIII. Maintenance of Employee Benefits. 

A. Coverage. Except as provided in the next succeeding paragraph, during any period that an eligible employee takes leave under this Rule, the District shall maintain coverage under the applicable benefit plan(s), including health, dental, and vision, for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. 

B. Failure to Return from Leave. The District may recover the premium that the District paid for maintaining coverage for the employee under such applicable benefit plan(s) during any period of unpaid leave if: 

1. The employee fails to return from leave under this Rule after the period of leave to which the employee is entitled has expired; and 

2. The employee fails to return to work for a reason other than: 

i. The continuation, recurrence, or onset of a serious health condition that entitles the employee to immediate family or employee health leave, or servicemember family leave; or 

ii. Other circumstances beyond the control of the employee. 

C. Certification. For a claim made under preceding paragraph VIII. B.2., the District may require a timely certification by the treating health care provider on a form provided by the District to be submitted to the District Human Resources Office. 

IX. Rules Applicable to Periods near the Conclusion of an Academic Term. The following rules shall apply with respect to periods of leave near the conclusion of the District’s academic term in the case of any eligible employee employed principally in an instructional capacity by the District: 

A. Leave More than Five Weeks Prior to the End of Term. If the eligible employee begins leave under this Rule more than five weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the term, if: 

1. The leave is of at least three weeks duration; and 

2. The return to employment would occur during the three-week period before the end of such term. 

B. Leave Less than Five Weeks Prior to the End of Term. If the eligible employee begins immediate family, employee health, child birth or adoption or servicemember family leave during the period that commences less than five weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of such term, if: 

1. The leave is of greater than two weeks duration; and 

2. The return to employment would occur during the two-week period before the end of such term. 

C. Leave Less than Three Weeks Prior to the End of Term. If the eligible employee begins immediate family, employee health, child birth or adoption or servicemember family leave during the period that commences less than three weeks prior to the end of the academic term and the duration of the leave is greater than five working days, the District may require the employee to continue to take leave until the end of such term. 

X. Definitions. 

A. Academic Term shall mean either of the two school semesters. 

B. Covered Active Duty shall mean in the case of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country, and in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in 10 U.S.C. § 101(a)(13)(B). 

C. Covered Servicemember shall mean a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. 

D. Eligible Employee shall mean an employee who has been employed by the District for at least 12 months and for at least 1250 hours of service with the District during the previous 12-month period. 

E. Employment Benefits shall mean all benefits provided or made available to District employees, regardless of whether such benefits are provided by a District practice or written policy or through an employee benefit plan. 

F. Health Care Provider shall mean a doctor of medicine or osteopathy who is authorized to practice medicine or surgery, as appropriate, by the State in which the doctor practices or any other person determined by the Secretary of Labor to be capable of providing health care services. 

G. Instructional Employees shall mean those whose principal function is to teach and instruct students in a class, small group, or on an individual basis. This term includes not only teachers, but also athletic coaches, driving instructors, and special education assistants. This term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees. 

H. Next of Kin of a Covered Servicemember shall mean the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. 

I. Parent shall mean a biological, adoptive, step or foster father or mother of an employee or an individual who stood in loco parentis (i.e., in the place of a parent) to an employee when the employee was a son or daughter. This term does not include parents-in-law. 

J. Reduced Leave Schedule shall mean a leave schedule that reduces the usual number of hours per workweek, or hours per work day, of an employee. 

K. Serious Health Condition shall mean an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. 

L. Serious Injury or Illness shall mean for members of the Armed Forces, including members of the National Guard or Reserves, an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces, or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that may render the member medially unfit to perform the duties of their office, grade, rank, or rating, and shall mean for veterans who were members of the Armed Forces, including the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, a qualified injury or illness, as defined by the Secretary of Labor, that was incurred by the veteran in the line of duty on active duty in the Armed Forces, or existed before the beginning of the veteran’s active service and was aggravated by service in the line of duty on active duty in the Armed Forces, and that manifested itself before or after the member became a veteran. 

M. Son or Daughter shall mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or who is 18 years of age or older and incapable of self-care because of a mental or physical disability. 

N. Spouse shall mean husband or wife as defined or recognized under State law for the purposes of marriage in the State where the employee resides. 

O. Twelve-Month Period shall mean, for purposes of child birth or adoption, immediate family or employee health or impending family member call to covered active duty leave, the twelve-months constituting the school year which begins August 1 and ends July 31. For purposes of service member family leave, the term Twelve-Month Period shall mean the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends twelve months after that date. 

P. Veteran shall mean the same meaning given the term in 38 U.S.C. § 101.

Date of Adoption
September 7, 1993
Date of Revision
September 9, 1996
August 11, 2008
May 18, 2009
February 21, 2011
November 6, 2017

4510.07: Perpetually Infectious Diseases

4510.07: Perpetually Infectious Diseases holly Wed, 07/10/2019 - 10:54
 


 

I. Is the policy of the District that there shall be no discrimination against an employee because of disability. This policy shall apply to a disability which may arise from a perpetually infectious disease; provided, however, that due consideration must be given to the specific facts of each case and the possibility of harm to others.

II. In all instances where an employee has a perpetually infectious disease, the employee's condition and identity will remain confidential unless the employee has consented to the release of such information. 

III. The provisions of Rule 4510.1 shall apply to eligible employees, as defined therein, with a perpetually infectious disease. In addition to the conditions set forth therein for use of sick leave days, such may also be used by persons with a perpetually infectious disease, if warranted to avoid opportunistic infections.

IV. "Perpetually infectious diseases" are those diseases which are carried throughout life by the infected person and have the potential to be transmitted to other individuals and include but are not limited to: AIDS, ARC, CMV (as defined below), Tuberculosis, Hepatitis, and Herpes.


A. Acquired Immune Deficiency Syndrome (AIDS) infected with human T lumphotropic virus type III/lumphadenophy associated virus (HTLV III/LAV). Persons infected with this virus are unable to fight off a variety of infections and rare illnesses. Symptoms include repeated infections that result in persistent diarrhea, swollen glands, fatigue, fevers or persistent cough which the body is unable to fight off, eventually resulting in a life threatening illness such as pneumonia or uncommon skin cancer. The disease is transmitted through blood to blood contact or intimate sexual contact.

B. AIDS Related Complex (ARC) a medical condition in which the body has repeated infections and is unable to protect itself from certain tumors and/or infections. Symptoms similar to AIDS are present but there has been no life threatening illness. This condition may progress to AIDS although the symptoms may be the result of other diseases. The disease is transmitted through blood to blood contact or intimate sexual contact.

C. Ctyomegalovirus (CMV) common virus which is harmless to most persons. At greatest risk are fetuses and persons receiving medications which suppress their natural immunity to infections. It is transmitted by close person to person contact, body secretions and blood.

V. The following procedures shall be followed with respect to an employee who is suspected of having or has a perpetually infectious disease.

A. Any employee who has or suspects that he/she has a perpetually infectious disease shall advise the Superintendent or Superintendent’s designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to take precautions to protect others from the disease.

B. The Superintendent or Superintendent’s designee may require an employee to provide current medical information or to submit to a medical evaluation if he has a reasonable suspicion that an employee has a perpetually infectious disease.

C. If an employee has been diagnosed with a perpetually infectious disease, determination of whether the employee should be permitted to continue to be employed in his/her capacity will be made by a review of each individual case by a team (hereinafter "Team") established by the Superintendent or Superintendent’s designee. The Team shall meet within seven (7) working days of the diagnosis and make a determination within ten (10) working days of the Team meeting.

D. The Team will consider the following factors in arriving at its recommendation as to the propriety of the employee's continued employment in his/her current capacity:

1. The employee's work place and interaction with other persons;

2. The physical condition of the employee;

3. Whether the employee's condition substantially interferes with his/her ability to perform essential job functions with reasonable accommodation; and

4. Whether the employee poses a substantial possibility of harm to others.

E. Upon diagnosis and prior to a decision by the Team, the Superintendent may remove the employee from the work place if he determines that the employee's presence in the work place poses a health threat.

F. Based upon the information available to the Team, it may recommend:

1. Continued employment in his/her current capacity;

2. Reassignment;

3. Leave of absence;

4. Reduction in amount of employment;

5. Termination;

6. Such other reasonable accommodations as may permit the employee to perform essential job functions; or

7. Any combination of the above.

G. Based upon the Team's recommendation, the Superintendent or the Superintendent’s designee shall take appropriate action. If the employee's employment status will be affected appropriate due process procedures as required by law shall be followed.

 

Date of Adoption
September 6, 1988
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
Reaffirmed
November 6, 2017

4510.08: Family Death Leave

4510.08: Family Death Leave holly Wed, 07/10/2019 - 10:58

I. Eligible employees shall be granted not more than four (4) work days of paid leave immediately following the death of an immediate family member. Such leave covers each death in the immediate family.

II. An eligible employee who is required to travel a minimum of four hundred miles (400) one way to attend the funeral of an immediate family member will be granted an additional day of leave. The Superintendent or his designee may grant additional days in extenuating circumstances.

III. Use of family death leave shall reduce the paid personal leave allocation of the employee.

IV. Definitions:


A. "Immediate family member” shall mean the employee's spouse, parents, children, brothers, sisters, grandchildren, grandparents, mother-in-law, father- in-law, sisters-in-law, brothers-in-law, sons-in-law, daughters-in-law, spouse’s grandparents, or any relative who is a permanent resident in the employee's home or for whom the employee has specific legal responsibility.

B. "Eligible employee” shall mean an employee who has not exhausted his/her paid leave provided for by the applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement. Use of Family Death leave shall reduce the paid personal leave allocation of the employee.

Date of Adoption
July 10, 1989
Date of Revision
September 7, 1993
July 27, 1998
March 17, 2003
February 21, 2011
Reaffirmed
November 6, 2017

4510.09: Professional Leave

4510.09: Professional Leave holly Wed, 07/10/2019 - 11:02

I. Employees of the District may request paid professional leave for the purpose of attending local, state and national professional meetings or conferences. Paid professional leave may be granted if the District determines that the attendance at such meeting or conference will directly benefit the District. 

II. Requests by an employee for professional leave and related expenses will be submitted to the employee’s immediate supervisor and/or the person responsible for the budget from which expenses, if allowed, will be paid. The request should be submitted with sufficient time to make appropriate arrangements and to secure a substitute where necessary. Reimbursements of expenses will be provided in accordance with procedures provided by the Business Office. 

III. Professional leave is defined as time away from one’s normal work assignment to participate in work-related activities. These activities include, but are not limited to, professional meetings, staff development, curriculum writing, or supervision at student competition. 

IV. Professional leave may be provided by departments for District purposes. When professional leave is initiated by the District, staff supervisors will be notified and substitutes will be scheduled where necessary. 

V. Employee’s attending professional meetings during contract time and at District expense may be required to submit a written report or develop a presentation which allows them to share information received at the meetings with other District personnel. 

Approved professional leave shall not result in the use of paid personal leave of the employee. 

Date of Adoption
October 7, 1974
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017

4510.10: Association Leave

4510.10: Association Leave holly Wed, 07/10/2019 - 11:05

I. The membership of the teachers' organization recognized by the Board of Education will be granted a maximum aggregate total of eighteen (18) excused absences during a single school year to attend professional meetings of the teachers' association or other association obligations. 

II. The cost of these days will be shared equally by the District and the teachers’ association. The association will pay half the cost of a substitute teacher for any days its member employees are absent for association leave. 

III. Requests for association leave shall be reviewed by the association president and by the employee’s immediate supervi­sor before being submitted to the Human Resources Office for consideration. The request for association leave shall state how the release time will be used by the member employee. 

Date of Adoption
March 3, 1980
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017

4510.11: Sabbatical Leave

4510.11: Sabbatical Leave holly Wed, 07/10/2019 - 11:11

I. A certificated staff member who meets the criteria set forth below may apply for a sabbatical leave for up to one year. The sabbatical must involve professional growth of the individual in a scholarly program, approved by the Superintendent or his/her designee, and must be in the interest of improved education in the District. 

II. Criteria for employee eligibility: 


A. Employed full‑time as a certificated employee by the District for at least seven (7) consecutive years immediately preceding the request for the sabbatical leave; 

B. Hold a Masters Degree from an approved institution; 

C. No previous sabbatical has been taken; and 

D. Must complete at least twelve (12) graduate level semester credit hours during each semester of leave. Such hours shall be in a program of study leading to the completion of a PhD, EdD or EdS in Curriculum and Instruction or School Administration. 

III. If leave is granted, the employee shall be subject to the following conditions: 

A. The employee shall accept a written agreement with the Board of Education which shall provide that at the end of the sabbatical leave, he or she will return immediately to the employment of the District for a minimum of three (3) years; provided, however, that if the sabbatical leave is for less than a full year, the employee shall agree to return to the District's employ for three (3) semesters. The employee shall further agree to reimburse the District as set forth herein in the event he/she does not fulfill this provision. 

B. The employee will be paid one‑half of his/her salary and insurance benefits during the time he/she is on sabbatical leave, provided however, that the certificated staff member receiving such insurance benefits agrees to pay and does pay the remaining one‑half of the total premium, and all employee Health Insurance Premium contributions. 

C. Credit will be given toward salary advancement, insurance benefits and seniority as if the employee had remained a full time employee of the District. 

D. The employee cannot be guaranteed that he/she will return to the position held prior to the sabbatical leave, but an effort will be made to place the employee in a comparable position. 

IV. If the employee does not fulfill the employment requirements following his/her sabbatical as set forth above, or fails to complete the sabbatical requirements, the employee shall reimburse the District at the time he/she ceases employment according to the following schedule: 

                                                                                               Amount Employee Must

    Length of Sabbatical        Return to Employment                 Reimburse District      
      ALL                                  Does Not Complete                  Full salary received

                                              Sabbatical Requirements

      1 Year                              Does Not Return to Work          Full salary received

      1 Year                              Completes 1 Year                      2/3 salary received

      1 Year                              Completes 2 Years                    1/3 salary received

       1 Year                              Completes 3 Years                    No Reimbursement Required

      Less than 1 Year              Does not return                         Full salary received

      Less than 1 Year              Completes 1 Semester             2/3 salary received

      Less than 1 Year              Completes 2 Semesters           1/3 salary received

      Less than 1 Year              Completes 3 Semesters           No Reimbursement Required


The employee is also responsible to reimburse the District for all costs of any benefits provided by the District in the same proportion as any repayment of salary from the above-table. 

V. Application for sabbatical leave for the ensuing school year must be submitted to the Superintendent prior to January 1. 

VI. Up to thirty (30) months of sabbatical leave may be granted by the District during any school year. If there are more than thirty (30) months of sabbatical leave requested in a school year, leaves will be granted to the staff members whose leaves would most benefit the District as determined by the Superintendent or his/her designee. If a decision cannot be made based upon benefit to the District, then the staff members with the longest full‑time continuous service to the District will be given preference. 

Date of Adoption
March 21, 1988
Date of Revision
September 7, 1993
May 4, 1998
March 17, 2003
February 21, 2011
November 6, 2017

4510.12: Jury Duty, Election Boards - Subpoenas

4510.12: Jury Duty, Election Boards - Subpoenas holly Wed, 07/10/2019 - 11:14

I. Any employee who is summoned to serve on jury or election board duty, or who is subpoenaed on behalf of the District within the scope of the employee’s work duties, shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty, as a result of his or her absence from work (including shift work) due to such service provided the employee submits a copy of the summons, notice, or subpoena in advance, to the Human Resources Office. 

II. The District may reduce the pay of an employee who is absent for jury or election board duty by an amount equal to any compensation, other than expenses, paid by the court for jury or election duty, or for the employee’s appearance pursuant to a subpoena. 

Date of Adoption
October 7, 1974
Date of Revision
August 2, 1993
August 16, 1993
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017

4510.13: Inclement Weather

4510.13: Inclement Weather holly Wed, 07/10/2019 - 11:17

The Superintendent or his/her designee shall establish, publish and distribute attendance requirements for employees of the District regarding periods of inclement weather. The requirements and procedures shall provide for the precedence, applicability of and effect upon other leave and attendance rules in the event of inclement weather.

Date of Adoption
November 19, 1984
Date of Revision
September 7, 1993
March 17, 2003
Reaffirmed
February 21, 2011
November 6, 2017

4510.14: Uniform Service Leave (Military Leave of Absence)

4510.14: Uniform Service Leave (Military Leave of Absence) holly Wed, 07/10/2019 - 11:19

I. Leave of absence will be granted to employees of the District who are absent from employment by reason of service in the uniformed services as provided by law.

II. Eligibility. The following employees are eligible for service leave:


A. Employees who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve are entitled to a leave of absence, without loss of pay, on all days during which they are employed under the orders or authorization of competent authority in the active service of the State of Nebraska or of the United States. Employees who normally work or are normally scheduled to work one hundred twenty (120) hours or more in three (3) consecutive weeks shall receive a military leave of absence of one hundred twenty (120) hours each calendar year. Members who normally work or are normally scheduled to work less than one hundred twenty (120) hours in three (3) consecutive weeks shall receive a military leave of absence each calendar year equal to the number of hours they normally work or normally would be scheduled to work whichever is greater, in three consecutive weeks. Such military leave of absence may be taken in hourly increments and shall be in addition to the regular annual leave of the persons named in this Rule.

B. If the Governor declares that a state of emergency exists, any persons named above who are ordered to active service of the state shall receive a state of emergency leave of absence until such person is released from active service by competent authority. During a state of emergency leave of absence, the affected employee shall receive his/her normal salary or compensation minus the state active duty base pay he or she receives in active service of State.

III. Return to Employment. Upon an honorable discharge from active service, such employee shall be entitled to a return to the same or comparable position as provided by law; provided, however, that the employee is still qualified to perform the duties of the employee’s former position, and the employee makes a timely application to return to employment as follows:

A. Service of 1 to 30 days. The employee must report to his or her employer not later than the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight (8) hours after a period allowing for the safe transportation of the person from the place of that service to the person’s residence. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible.

B. Fitness Exam. The time limit for reporting back to work for a person who is absent from work in order to take a fitness-for-service examination is the same as the one above for persons who are absent for 1 to 30 days.

C. Service of 31 to 180 days. In the case of a person whose period of service in the uniformed services was for more than 30 days but less than 181 days, an application for re-employment must be submitted to the District no later than 14 days after completion of the person’s service. If submission of a timely application is impossible or unreasonable through no fault of the person, the application must be submitted the next first full calendar day when submission of such application becomes possible.

D. Service of 181 days or more. In the case of a person whose period of service in the uniformed services was for more than 180 days, an application for re-employment must be submitted to the District no later than 90 days after the completion of the person’s service.

E. If such employee is not qualified to perform the duties of such position upon the employee’s return by reason of a disability sustained during the training or service but is qualified to perform the duties of any other positions, the employee shall be restored to such other positions, the duties of which the employee is qualified to perform, as will provide the employee with the same seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of the employee’s case. Such person shall not be discharged without justifiable cause within one (1) year after reinstatement.

F. Any such employee submitting an application for re-employment shall, upon request, provide the District documentation to establish that the person’s application is timely and that the person is entitled to the benefits under this Rule.

IV. Preservation of Benefits. Absence for any of the reasons stated above shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of the employee’s employment normally to be anticipated in the employee’s particular position.

V. Re-Employment. A person whose military service lasted 1 to 90 days shall be promptly re-employed:


A. In the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify their person; or in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position the person would have held after reasonable efforts by the employer to qualify the person.

B. If the employee cannot become qualified for either position described above, even after reasonable employer efforts, the person is to be re- employed in a position that is the nearest approximation to the positions described above which the person is able to perform, with full seniority.

C. A person whose military service lasted 91 or more days shall be promptly re-employed in the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify the person; or, in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of the position the person would have held after reasonable efforts by the employer to qualify the person. If the employee cannot become qualified for either position, then in any other position of lesser status and pay, but that most nearly approximates the above positions (in that order) that the employee is qualified to perform with full seniority.

VI. Definitions.

A. The term “service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

B. The term “uniformed services” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.
 

Date of Adoption
January 10, 1983
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
Reaffirmed
November 6, 2017

4510.15: Pre-Retirement Seminars

4510.15: Pre-Retirement Seminars holly Wed, 07/10/2019 - 11:21

I. Any employee who participates in the Nebraska School Employees Retirement System and is at least fifty (50) years of age or over may attend one pre‑retirement seminar per fiscal year, sponsored by The Nebraska School Employees Retirement System, while employed by the District. The employee is responsible for paying his or her own seminar expenses. 

II. Attendance at this seminar is voluntary. An employee who is qualified and registered to attend a seminar can do so without loss of pay. Each employee may attend the seminar no more than twice without loss of pay. A qualified employee may choose to attend the seminar more than twice, but such leave shall be without pay and shall be at the discretion of the Superintendent. 

III. An employee desiring to attend a seminar must submit the proper request form to the Office of the Superintendent and receive approval to attend prior to his or her attendance. An employee who attends must verify his or her attendance with the Office of the Superintendent. The Superintendent reserves the right to limit attendance at any one seminar based upon the ability of the District to deliver the educational program. If attendance is limited, preference will be given to those employees who are nearest retirement.

Date of Adoption
October 5, 1987
Date of Revision
September 7, 1993
November 17, 1997
February 21, 2011
November 6, 2017
Reaffirmed
March 17, 2003

4511: Voluntary Separation Program

4511: Voluntary Separation Program holly Wed, 07/10/2019 - 11:23

The District may offer a voluntary separation program for full time certificated employees and non-certificated administrative employees.

Date of Adoption
September 6, 1983
Date of Revision
September 20, 1993
Reaffirmed
October 20, 2003
October 18, 2010
July 10, 2017

4511.1: Voluntary Separation Program

4511.1: Voluntary Separation Program holly Wed, 07/10/2019 - 11:27

The District may offer a Voluntary Separation Program (hereinafter "Program”) for certificated employees and non-certificated administrative employees.  Upon written application and approval of the Superintendent of Schools and the Board, eligible employees may participate in the Program.  The Program may be reviewed annually for possible modification.  Modification shall not affect persons who have already begun receiving payments under the Program.

Purpose of the Program

The major purpose of the Program is to encourage eligible employees who are considering separation or retirement to accelerate their plans.  Program objectives include but are not limited to the following:    

I. To offer financial incentives, which will assist long-term Millard Public Schools employees considering separation or retirement. 

II. To reduce District costs by replacing maximum salary employees with lesser salary employees. 

III. To provide a better balance of employee experience. 

IV. To reduce or eliminate the possibility of certificated employee layoffs. 

V. To provide the District the opportunity to select and retain the highest quality staff by establishing February 15 as the application deadline.

Program Eligibility Requirements and Provisions

I. Administrators, Teachers, and Nurses must be at least age fifty-five (55) and, must have twenty (20) or more years of credited service in the Millard Public Schools as a certificated employee or non-certificated administrator. 

Conditions and Limitations

I. The employee’s application for the Voluntary Separation Program shall constitute a voluntary resignation and termination of the employee’s continuing contract at such time the application is accepted and approved. Employees participating in the Program cannot return to full-time or part-time regular employment in the District at a later date. The District in its sole discretion may consider temporary (“on call”) substitute employment and/or consultant service. II. Any eligible employee electing to participate in the Program shall be required to complete the school year before retirement commences, unless this requirement is waived by the Board. 

III. Employees receiving long-term disability benefits are not eligible to participate in this Program. 

IV. An employee is not eligible to participate in the Program if his or her employment is terminated by the District. 

V. An employee shall not be eligible for benefits under this Program if the employee has been on a total of more than a one (1) year leave of absence within the five (5) most recent years of employment prior to voluntary separation.

Definitions 

I. Years of credited service shall mean: 

a. Any school year in which an employee is paid by the District for at least 135 days of full-time work as a certificated employee or non-certificated administrator; or, 

b. Any two (2) school years in which the employee is paid for the equivalent of at least 135 days of part-time work each year as a certificated employee or non-certificated administrator; or, 

c. Any two (2) school years in which the employee is paid for the equivalent of at least 67.5 days of full-time work each year as a certificated employee or non-certificated administrator. 

d. Years of employment as a substitute shall not be counted toward years of service under this plan. 

II. Age shall mean an employee’s age on June 1 of any given school year. 

III. Year of Plan Eligibility is determined by the school year when the employee is first eligible to participate. When an employee first meets the qualifications described in the eligibility section above, the employee is in his or her 1st year of eligibility. The following school year is the employee’s 2nd year of eligibility; this pattern continues until the employee elects to participate or until the final year when the employee is no longer eligible to participate. 


Application Process 

I. Eligible employees desiring to take advantage of the Program may do so by submitting a written request to Human Resources. The written request must be submitted by February 15 of the elected year of separation on a form provided by Human Resources. The request shall set forth that the employee resigns his or her position, effective at the end of the school-year, upon tender, provided, however, and subject to the acceptance and approval of the employee’s request by the Superintendent and the Board. 

II. The Human Resource Department shall review the employee’s record to determine eligibility for the Program and make a recommendation to the Superintendent and the Board regarding the request. The Board shall act upon the request by April 15. The action of the Board of Education shall be final, and any employee electing to participate in the Program relinquishes all employment rights in the District. 


Benefit Table 

An eligible administrator, teacher, or nurse who has been approved by the Board for participation in the Program shall receive a total benefits equal to the amounts indicated in the table below. The total benefit shall be divided into equal monthly payments as indicated in the table below.

 

Year of Plan Eligibility

Total Benefit

Number of Equal

Monthly Payments

 

 

 

1

$35,000

24

2

$35,000

24

3

$35,000

24

4

$35,000

24

5

$35,000

24

 

Eligibility Ends

 

 

Payment of Benefits

I. Monthly payments will begin in August following the date of separation. Payments may be made through a Post-Retirement 403(b) plan as established by the District or through direct payments to the employee. 

II. If the employee dies after the Board of Education has approved the employee’s application to participate in the Voluntary Separation Program and before all payments have been made, the beneficiary shall receive the remaining payments as established. The District reserves the right to accelerate the remaining payments to a beneficiary in the form of a single lump sum payment. 

III. The District shall withhold from any amount payable or to be paid under this Program all federal, state or other taxes as shall be required pursuant to any law or government regulation or ruling, and any other amounts required by law or court order. 


Health, Dental and Life Insurance 

Following separation, Program participants may be eligible to continue their health, dental and other insurance coverages; provided, however, the employee pays the premiums and follows the rules set forth by the underwriter and complies with the provisions of COBRA or other applicable law.

Date of Adoption
September 6, 1983
Date of Revision
November 17, 1986
September 20, 1993
June 15, 1998
October 20, 2003
March 6, 2006
July 2, 2012
July 10, 2017
Reaffirmed
October 18, 2010

4520: Vacations

4520: Vacations holly Wed, 07/10/2019 - 11:30

The District may provide paid vacations for twelve-month employees. Vacation requests must be approved by the employee’s immediate supervisor.

Date of Adoption
May 5, 1980
Date of Revision
August 16, 1993
November 19, 2001
Reaffirmed
November 17, 2008
March 21, 2016

4600: Staff Memorials

4600: Staff Memorials holly Wed, 07/10/2019 - 11:34

The District will provide family and friends opportunities to express their grief upon the death of a staff member who was employed by the district at the time of his/her death. Such opportunities shall be in accordance with District rules and procedures.

Date of Adoption
January 23, 1995
Date of Revision
February 17, 2003
June 4, 2012
Reaffirmed
November 5, 2018

4600.1: Staff Memorials

4600.1: Staff Memorials holly Wed, 07/10/2019 - 11:36

Guidelines for Staff Memorials

Memorials will be for staff members who were employed by the District at the time of their death. 


Yearbook Guidelines:

A deceased staff member's picture, if available, will be included with the pictures of other staff for the year covered by the yearbook. The picture will be framed in black. The words "In Memory Of," the staff member's name, and years of birth and death will be included within the frame. If the death occurs after the December yearbook publication date, the framed picture and wording will be included at the end of the index of the yearbook. If there is a staff death during the summer, the staff member's picture will appear in the next year's yearbook.

Purchased advertisements in memory of a staff member's death will not be allowed in yearbooks.

Student Newspaper Guidelines:

Memorial pictures or articles about the deceased may be published. Letters to the editor of tribute to the deceased or of sympathy to family and/or friends may also be published. Letters must be signed and are subject to editing, after consultation with the author(s). Staff editorials may be published, at the discretion of the editorial staff and with the approval of the newspaper sponsor.

Plaques with Brass Engraving Plates:

Each school will display a plaque with brass engraving plates to recognize staff members who have died. Each plaque will be no larger than nine inches by twelve inches. The top of the plaque will be engraved with the words, "In Memory." Individual plates will include the staff member's legal name and dates of birth and death. Individual plates will be removed after ten years and offered to the staff member's spouse or nearest relative.

Other Memorials:

Other staff memorials may be established if there is no cost to the school and with the consent of the deceased staff member's spouse or nearest relative. Appropriate memorials include:

1. A memorial scholarship administered by the Millard Public Schools Foundation.

2. Plantings on school grounds (trees, shrubs, perennials). The type and placement of the planting will be approved by the school principal and comply with District Policy and Rules associated with Special Projects. Such plantings may be accompanied by a moveable granite ground marker no larger than twelve by six inches. The engraving on the marker will be limited to the staff member's legal name, dates of birth and death, and the words, "In Memory Of,” or, "Planted In Memory Of." The marker will be moved, when necessary, as the planting grows, and will be removed after ten years and offered to the spouse or nearest relative.

3. Purchase of library books, artistic pictures, CD ROMs, schools supplies and equipment, with the approval of the school principal. Donated books may include a bookplate, and pictures and equipment may include an engraved plate no larger than two by six inches. Wording on the plates will be limited to, "Donated In Memory Of," or, "In Memory Of," and the staff member's legal name and dates of birth and death. Any engraved plate will be removed at the end of ten years and offered to the spouse or nearest relative.

4. Monetary funds designated to a particular school activity or department. The use of funds will be approved by the principal.

Removal guidelines:

Not acceptable are memorials that:

1. May alter the conduct of a regular school instructional day.

2. Alter school activities or the school activities schedule.

3. Require the retirement or discontinued use of school property.

4. Infringe on the separation of church and state.

5. Require the use of public funds for purchase or development.

6. Involve the naming of any facility or portion thereof after the deceased without the consent of the Board of Education.

Any memorial plaque, pictures, or name plates in existence at the time these guidelines are adopted, whether in compliance with these guidelines or not, will be removed ten years after the death of the staff member involved and offered to the spouse or nearest relative unless exempt under the living memorials provision listed below.

Spouses or nearest relatives of deceased staff members are encouraged to inform the school of any change of address so the school may return plaques, markers, and name plates to them, as stipulated above.

Living Memorials and Other Displays:

Living memorials shall mean commemorative photos, portraits, and other displays of living current or past District or building staff, other than living current or past District or building staff for whom the building, facility or portion thereof is named. 

Living memorials and other displays will not be allowed in District buildings or facilities, other than in District staff or administrative rooms which are not generally accessed by the public. Any such living memorial or other display in existence at the time these guidelines are revised will be removed or relocated.

Date of Adoption
January 23, 1995
Date of Revision
March 3, 2003
June 4, 2012
November 5, 2018
Reaffirmed
June 3, 2002