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 and will not tolerate unlawful discrimination or unlawful harassment. All employees are responsible for creating and maintaining an environment free of such unlawful discrimination and unlawful harassment. The District does not discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, age, sex, sexual orientation, gender, gender identity, 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. 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. The initiation of a complaint in good faith about behavior that may violate the District’s policies shall not result in any adverse action to complainant.

III. Personnel Complaints. Complaints by District personnel regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 4001.2. Staff complaints regarding sexual harassment shall follow the procedures of District Rule 4001.3. 

IV. Students Sexually Harassed or Discriminated Against by District Personnel. Students or parents of students complaining of unlawful discrimination or unlawful 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. Student complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

V. 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.

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,  unjustified increase in work responsibility without compensation or training close in time to the complainant’s reaction to unlawful discrimination or unlawful 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. 

D. “Retaliation” shall include, but is not limited to, adverse action against a complainant for his or her reaction to unlawful discrimination or unlawful 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, 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. 

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

A. All employees are responsible for helping the District to prevent unlawful discrimination and unlawful 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 (excluding sexual harassment) should follow the following complaint and reporting procedures. Complaints and reporting associated
with sexual harassment shall follow the procedures of District Rule 4001.3. 

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, 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, 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 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 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. 

All persons are prohibited from knowingly proving false statements or knowingly submitting false information during the complaint process. Any person who does so may be subject to disciplinary action outside of and in addition to any disciplinary action under this Rule.

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. 

The District is committed to making the schools free from sexual harassment and discrimination, harassment, intimidation, and bullying. Sexual harassment is a form of sexual discrimination under Title IX of the Education Amendment to the Civil Rights Act of 1972 and is prohibited by both Federal and State law. The District strictly prohibits sexual harassment of students and staff by other students, employees, or other persons at school, within the educational environment or program, or at any District sponsored or District related activity. The District shall ensure that all school personnel receive information about their rights to be free from sexual harassment, the District’s procedures for reporting and investigating complaints of sexual harassment, and with whom any complaint should be reported and/or filed.

Definitions

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:

1.  An employee of the District conditioning the provision of an aide, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
2. Unwelcomed conduct determined by a reasonable person to be so severe, persuasive, and objectively offensive that effectively denies a person equal access to employment, teaching, or the District’s educational program or activity; or
3. Sexual assault as defined in 20 U.S.C. 1092, dating violence as defined in 34 U.S.C. 12291, domestic violence as defined in 34 U.S.C. 12291, or stalking as defined in 34 U.S.C. 12291.

Sexual Harassment also includes, but is not limited to, unwelcomed sexual advances, requests, or other verbal, visual or physical conduct of a sexual nature made by either student or staff within the educational setting under any of the following conditions:

1. Submission of the conduct as explicitly or implicitly made a term or a condition of an individual’s academic status or progress; or
2. Submission, or rejection of, the conduct by the individual is used as a basis of academic decisions effecting the individuals; or
3. The conduct has the purpose or effect of having a negative impact on the individual’s academic performance or of creating an intimidating, hostile or offensive educational or work environment; or
4. Submission to, or rejection of, the conduct by the individual is used as a basis for any decision effecting the individual regarding benefits or services, honors programs, or activities available at or through the District; or
5. Deliberate written or oral comments, gestures, or physical contacts of a sexual nature or demeaning to one’s gender, which are unwelcome or interfere with the school environment; or
6. Implicit or Explicit sexual behavior by a fellow student, District employee, or other person within the school environment that has the effect of controlling, influencing, or otherwise effecting the school environment; or
7. Unwelcome suggestive, vulgar, or obscene letters, notes, posters, calendars, or other visual products or derogatory comments, slurs, and/or jokes of a sexual nature that is sufficiently persistent and pervasive.

Hostile Educational Environment:  A hostile educational environment is created when sexual harassment is sufficiently severe and objectively offensive and persistent or pervasive.

Complainant: Any individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment. The formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic transmission by using the contact information listed for the Title IX Coordinator or by any additional method designated by the District.

Supportive Measures:  Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or to the Respondent before or after the filing of a formal complaint or where no complaint has been filed. Supportive measures are designed to restore or preserve equal access to employment, teaching, or the District’s educational programs or activities without unreasonably burdening either party, including measures designed to protect the safety of all parties or the District’s educational environment.

Supportive measures may include, but are not limited to the following: counseling, extensions of deadlines, modifications of work schedules, campus escort services, mutual restrictions on contact between parties, changes in work, leaves of absence, increase security, and other similar measures. 

Title IX Coordinator:  The Associate Superintendent of Human Resources is the Title IX Coordinator for the District.  The mailing address for the Title IX Coordinator is 5606 South 147th Street, Omaha, Nebraska 68137. Phone: 402-715-8200. Email Address: TitleIX@mpsomaha.org  The Title IX Coordinator is identified in all District Non-Discrimination Notices and publications, and is directed to coordinate the District’s compliance efforts.

The District’s Title IX Coordinator shall receive all reports of sex discrimination including sexual harassment. Any person may report sex discrimination including sexual harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that could constitute sex discrimination or sexual harassment), in person, by email, by telephone, by using the contact information listed herein, or by any other means that results in the Title IX Coordinator receiving the verbal or written report.

Working Days:  any days when school is in session for students during the school year and all weekdays when school is in recess for summer vacation, excluding any national holidays.

Reporting Sexual Harassment
Any staff member or job applicant who believes that he or she has been the victim of sexual harassment or harassment because of sex by a student, teacher, administrator or other employee of the District or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District, is encouraged to immediately report the alleged acts to an appropriate District employee or directly to the Title IX Coordinator. 

Any teacher, administrator, or other school official who has notice or received notice that a staff member or applicant has or may have been the victim of sexual harassment or harassment based upon the staff member or applicant’s sex by a student, teacher, administrator, or other employee of the District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District, is required to immediately report the alleged acts to an appropriate District employee or directly to the Title IX Coordinator. Any District employee who receives a report of sexual harassment, or harassment because of one’s sex, shall inform the Building Principal or Title IX Coordinator immediately.

Upon receipt of a report, the Building Principal shall notify the District Title IX Coordinator immediately. The Building Principal may request but shall not insist that a formal complaint be submitted to the Title IX Coordinator. A written statement of the facts alleged or as reported will be forwarded as soon as practical by the Building Principal to the Title IX Coordinator. In the event a Building Principal is provided a written statement, the Building Principal shall forward the written statement to the Title IX Coordinator within 24 hours of a report being made whether or not a Complainant decides to pursue a formal complaint. 

Required Response
The District, upon receipt of a formal complaint, or upon receipt of actual knowledge of sexual harassment in an educational program or activity, shall respond promptly in a manner that is not deliberately indifferent. The employment, teaching, and educational program or activity includes locations, events, or circumstances over which the District exercises substantial control over both the Respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by the District. The District’s response shall treat the Complainant and Respondent equitably by offering supportive measures to the Complainant and Respondent and by following a grievance process before imposition of any disciplinary actions or sanctions against the Respondent. 

The protections of this Rule apply to all students, employees, parents, and visitors to District property or District-sponsored activities or events.  The District will investigate and address alleged prohibited conduct regardless of where it occurs.

For any party under the Rule under 19 years old, all written notifications provided pursuant to this Rule will be directed to the party’s parents/guardians.

The grievance process may be temporarily delayed and/or timelines extended for good cause as determined by the Title IX Coordinator with written notice to the parties explaining the reason(s) for the delay.  Whenever the Title IX Coordinator determines that the District’s Sexual Harassment Grievance process should be suspended to cooperate with law enforcement, the Title IX Coordinator shall provide written notice to all parties of such determination and provide the parties with a reasonable estimate of the length of the anticipated suspension.

Investigations begin with presumptions that the Respondent did not engage in any prohibited conduct, and that the Complainant is credible.  A determination that the Non-Discrimination and Harassment Policy has been violated and credibility determinations will only be made at the conclusion of an investigation.  In no event will past sexual behavior of a Complainant be considered, except in the limited circumstance where the evidence is offered to prove consent or that someone other than the Respondent committed the alleged misconduct.

In determining whether prohibited conduct occurred, an objective evaluation of all relevant evidence will be made and the following will be considered: 

1. the surrounding circumstances; 
2. the nature of the conduct; 
3. the relationships between the parties involved; 
4. past incidents; and 
5. the context in which the alleged incidents occurred.  

Sexual Harassment Grievance Process - Steps

1. Receipt of Notice of Prohibited Conduct - Upon receiving notice of conduct that could constitute prohibited conduct, the Title IX Coordinator or his/her designee will promptly contact the Complainant in a confidential manner to discuss the availability of supportive measures and to explain the process for filing a formal complaint.
2. Filing a Formal Complaint - An individual may file a formal complaint by submitting a written complaint in person, by mail, by telephone, or by e-mail to the Title IX Coordinator or his/her designee.  If a verbal report of prohibited conduct is made, the Complainant will be asked to submit a written complaint. If a Complainant refuses or is unable to submit a written complaint, the Title IX Coordinator may cause a written summary of the verbal complaint to be made and either submit the written summary to the Complainant for signature or sign the complaint as provided below. If a Complainant does not file a formal complaint, the Title IX Coordinator in their sole discretion may sign a formal complaint and initiate the grievance process.  The Title IX Coordinator will initiate the grievance process over the wishes of the Complainant only where such action is not clearly unreasonable in light of the known circumstances.
3. Investigation and Informal Resolution - Upon receipt of a formal complaint, the Title IX Coordinator shall appoint a separate investigator and decision-maker, provide a written notice of allegations to both the Complainant and the Respondent identifying the factual basis of the allegation including sufficient details known at the time, stating that the Respondent is presumed not responsible for the alleged conduct, and that a determination of responsibility will be made at the end of the grievance process. No disciplinary sanctions shall be applied without following the sexual harassment grievance process prescribed herein when a formal complaint has been filed. The notice of allegations shall be provided to both parties with sufficient time to prepare a response before any initial interview of the Respondent is conducted.  

Informal Resolution Process
After the formal complaint is received and notice of allegations has been provided to all parties, the Title IX Coordinator may offer or request an informal resolution process, such as mediation or restorative justice, in lieu of a full investigation and determination.  In no event will an informal resolution be facilitated to resolve a complaint of staff-on-student sexual harassment.  In order for the informal resolution processes to be implemented, all parties must voluntarily agree in writing.  In the event that a resolution is reached during the informal resolution process and agreed to in writing by the parties, then the terms of the agreed upon resolution will be implemented and any alleged harassment will be eliminated and the formal complaint will be dismissed. The Complainant is then precluded from filing a second complaint concerning the original allegation.  At any time prior to agreeing to a resolution, any party may withdraw from the informal resolution process and resume the grievance process.

If the informal resolution process does not occur or is not utilized, the designated investigator will interview the Complainant, witnesses, and the Respondent and review relevant records.

District employees and students are expected to fully participate in investigations, but in no event will a Complainant be subjected to any disciplinary sanctions or consequences for refusing or failing to participate.

The written notice of allegations shall also state that the parties have an equal right to retain an advisor of their choice, who may be but is not required to be an attorney, and that the parties have an equal right to inspect and review evidence obtained during an investigation. The District shall not be responsible for any fees or costs related to any advisor selected by either of the parties provided however, if requested, the District shall provide District employees to act as an advisor, if so requested.

The District shall provide an equal opportunity for each of the parties to present fact and expert witnesses and other inculpatory or exculpatory evidence during the investigation and shall not restrict the ability of the parties to discuss the allegations or gather evidence. 

Within 20 working days of receiving the formal complaint the District shall send written notice of any investigative interviews or meetings and advise the parties and their advisors of all evidence gathered directly related to the allegations ten (10) working days prior to the issuance of the final investigative report to allow the parties the opportunity to inspect, review, respond, and produce any additional evidence. 

Once the investigator’s report summarizing the relevant evidence is completed, the investigator simultaneously will send the report and supporting evidence to: 
    (a)     parties for their review and written response;  
    (b)     the decision-maker;
    (c)    the Title IX Coordinator.  

The parties will have ten (10) working days to submit a response to the investigator’s report, including proposed relevant questions for the decision-maker to ask the other party and/or any witnesses.  In his/her sole discretion, the decision-maker may re-interview parties and/or witnesses to ask follow-up questions.

The decision-maker will review the investigation file and report, and may, but is not required to take the following steps:
(a)    re-interview a party or witness, and 
(b)    gather additional evidence if deemed necessary.

No later than 20 working days after receipt of the investigator’s report, the decision-maker simultaneously will issue to the parties a written determination as to whether the preponderance of the evidence shows that the Non-Discrimination and Harassment Policy was violated.  

The written determination shall be provided to each party and will include the following information as appropriate: 
(a)    identification of the allegations, 
(b)    a description of the procedural steps taken, 
(c)    findings of fact, 
(d)    conclusion regarding application of the student discipline code or policies/procedures applicable to employees to the facts, 
(e)    a concise statement of the rationale supporting the conclusion on each allegation, 
(f)    what, if any, disciplinary sanctions imposed on the Respondent, 
(g)    what, if any, remedies will be instituted, and 
(h)    notice of the appeal procedure.  

The decision-maker’s determination is final, unless a timely appeal is filed. 

4.    Appeal
The party seeking an appeal shall file written notice with the Title IX Coordinator no later than 20 working days after the date of the decision-maker’s written decision or after the date that a formal complaint is dismissed. The written notice shall state the grounds for the appeal. The Title IX Coordinator will designate an appeal officer to decide the appeal and notify all parties that an appeal has been filed. 

No later than 10 working days after an appeal is filed, the appealing party may submit a written statement in support of an appeal. The other party or parties may submit a written statement no later than 10 working days after the appealing party’s written statement is submitted or 10 working days from the appealing party’s deadline if the appealing party does not to submit a written statement. Written statements shall be submitted to the Title IX Coordinator who will provide them to the other party or parties and the appeal officer when received.

The appeal may be considered due to the following reasons only: 

(a)    procedural irregularity that affected the determination, 
(b)    new evidence that was not reasonably available at the time the determination was made, or
(c)    conflict of interest or bias on behalf of the Title IX Coordinator, investigator, or decision-maker.

The review of the investigation and written determination may include any of the following steps: 
(a)    review of the evidence gathered and written reports and determinations, 
(b)    re-interviewing a party or witness, and 
(c)    gathering additional evidence if deemed necessary.  

The appeal officer shall prepare a written response to the appeal within 15 days after the deadline to submit written statements in support of or challenging the determination. Copies of the written response on appeal shall be provided simultaneously to the Complainant, the Respondent, and the Title IX Coordinator. The decision of the appeal officer shall be final.

District Action
If the investigation and decision making results in a finding that the Complaint’s report was factual and Respondent or other individuals violated the Non-Discrimination and Harassment Policy, the District will take prompt, corrective action to ensure that such discriminatory conduct ceases and take appropriate action to prevent any reoccurrence. The District will make all reasonable efforts to remedy discriminatory effects on the Complainant and any others who may be affected.
Disciplinary actions and the range of sanctions and remedies for responsible persons shall be consistent with the District’s existing student code of conduct, professional code of conduct and staff discipline, Board of Education policies and rules and District procedures, and any applicable state and federal laws, and shall be implemented at the conclusion of the process. 

A formal complaint will be dismissed if the conduct alleged: 

1. Did not constitute sexual harassment as defined in Title IX and/or Title IX regulations; 
2. Did not occur in the employment, teaching, or District’s educational programs or activities; or 
3. Did not occur against a person in the United States. 

A formal complaint may be dismissed if at any time during the investigation: 

1. The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; 
2. The Respondent is no longer enrolled or employed by the District; or 
3. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Available Interim Measures
The District shall take steps to ensure equal access to the employment, teaching, and District’s educational programs or activities and protect the Complainant as necessary, including taking interim measures during the process and before the final outcome of an investigation. The District shall notify the staff of the options to avoid contact with the alleged Respondent where available. As appropriate, the District shall consider a change in working situation when possible. The District shall assess opportunities to provide increased monitoring, supervision, or security at locations or activities where the alleged discrimination and sexual harassment occurred. Nothing in this rule shall prohibit the District from placing an employee on administrative leave during the pendency of the grievance process, nor from removing a Respondent from the employment, teaching, or learning environment on an emergency basis if the District undertakes an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any staff member or student justifies removal and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Potential remedies for staff who have been subjected to sexual harassment or harassment because of sex include, but are not limited to: 

1. Direct intervention or consequences applied to the Respondent;
2. Supportive Services available to either the Complainant or the Respondent through the District’s assistance program;
3. The District may issue statements to its staff or the community making it clear that the District does not tolerate sexual harassment or harassment because of sex and will respond to any reports about such incidents;
4. Non-discrimination training for students, employees, or parents/guardians and families. 

Employees who have committed sexual harassment or harassment because of sex in violation of the Non-Discrimination and Harassment Policy will be subject to employee discipline up to and including termination.  Incidents of sexual harassment, depending on their nature, may also be referred to law enforcement and reported to child protective services and other state and federal agencies, as appropriate.

Retaliation
No District employee, representative, or agent may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any rights or privileges protected by this rule or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or determination under this rule. 

The District prohibits retaliation against any participant in the reporting, complaint, or grievance process. A separate uniform complaint may be filed if retaliation occurs against any individual involved in the processing of a discrimination, harassment, or bullying complaint. Each complaint shall be investigated properly and in a manner which respects the privacy of all parties concerned. Follow-up with the student or employee will occur promptly to ensure that the harassment and/or retaliation has stopped and that there will be no further retaliation.

All persons are prohibited from knowingly proving false statements or knowingly submitting false information during the complaint process and any person who does so may be subject to disciplinary action outside of and in addition to any disciplinary action under this Rule.

Confidentiality and Retention of Investigation Information and Records
Except as necessary to complete a thorough investigation and grievance process as required by law, the identity of the Complainants(s), Respondents(s), witnesses, disclosure of the information, evidence, and records which is required to be disclosed to the parties or the designated representatives, the information, records, and evidence gathered in the investigation will otherwise be maintained in strict confidence by the District.  The District is not responsible, nor can it control any re-publication or disclosure of such information, evidence or records by the participating witnesses, parties or representatives.

The Title IX Coordinator will retain investigation files for a time period of no less than seven (7) years, and investigation determination notices will be permanently retained in individual employee and student files.  Where a charge or civil action alleging discrimination, harassment, or retaliation has been filed, all relevant records will be retained until final disposition of the matter.

Training
The District will provide annual training to employees on identifying and reporting acts that may constitute discrimination, harassment or retaliation.  The Title IX Coordinator, designated investigators, designated decision-makers, designated appeal officer, and any District administrators who are designated to facilitate informal resolution processes, will receive additional annual training on this policy and implementation of the grievance process.

The District will provide, as appropriate, instruction to staff regarding discrimination, harassment, and retaliation.

        
 

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.

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.

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.

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.

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.

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, sex, sexual orientation, gender, gender identity, 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.

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 or licensed 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 Critical Friends Group Facilitator 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 serve as a Critical Friends Group Facilitator to a group of certificated or licensed staff members who are in their second year of employment with the district.

G. 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 thrid 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 to a Critical Friends Group 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 in the Millard Instructional Model.

C Year Three: Assignment of a Peer Coaching partner will be made for each certificated or licensed staff member in his/her third 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 in the Millard Instructional Model.

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

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.

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. 

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.

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.

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 the names of all individuals employed by the District who are required by law to hold a certificate and such other information as required by the Commissioner of Education. 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.

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, receipt of a valid medical examination certificate when required by law, 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 and valid medical examination certificate shall be maintained and used only in accordance with Nebraska Department of Education Rule 91 and the Americans with Disabilities Act.

The District shall not otherwise 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.

Before operating a school bus or small vehicle, persons operating a school bus or small vehicle shall 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 Transportation Manager 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, and a valid medical
examination certificate 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 certificate shall be valid for not more than two (2) years
and must be received by the Transportation Manager of the Millard School District prior to the school bus or small vehicle operator being permitted to transport students or staff. A valid medical examination certificate
shall be retained and be on file with the District. 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.

The Human Resources Office will post available vacancies as and when they occur on the District website. Vacancies will be advertised through the District website and 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. A position must be posted for one week before it can be filled. 

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.

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.

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.

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.

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. 
 

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.

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 personal electronic communication with students by District staff will only occur through the District e-mail system or District approved personal 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 employee's capacity to maintain the respect of students and parents or impair the employee's 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's graduation date or within one year from the date the student ceases enrollment in the District. 
• Making any sexual advances – verbal, written, or physical – towards a student, which shall include any behavior or gesture that could be reasonably construed as an attempt to gain sexual or romantic favors or gratification.
• 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 reasonably 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. 
• Any other behavior or conduct that can be reasonably construed as grooming of a student, as the term grooming is defined in any applicable State law, regulation and/or in this Rule and Policy 4153.

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 the student does not use the District e-mail system or designated personal communication system, the staff member must notify their immediate supervisor of the communication within 24 hours, unless circumstances warrant an immediate contact. The staff member is also responsible to ensure student is aware of and utilizes District approved communication systems in future communications.

Any violation of this Policy and Rule may result in any or all of the following:

•  Disciplinary action, up to and including termination of employment;
•  Referral to the State Department of Education which may result in the suspension or revocation of an employee’s certification; and/or
•  Referral to the Department of Health and Human Services or law enforcement if such violation involves conduct or allegations of sexual or other abuse.

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, sex, sexual orientation, gender, gender identity, 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.

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.

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.

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.

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.

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.

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.

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.

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. Contracts of any certificated employee, including probationary teachers, permanent (tenured) teachers, and administrators, may be canceled or amended during the school year by agreement between the certificated employee, Superintendent or designee and approved by a majority of the members of the Board.

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 in the notice shall be considered as a rejection of the offer of continued employment for the ensuing school year and shall operate as an irrevocable resignation.

B. Release from an employment contract for the ensuing school year requested after April 15 shall not be approved due to the 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 part-time 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.

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.

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.

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.

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.

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 Associate Superintendent of Human Resources, or his/her designee, for further investigation. The Associate Superintendent of Human Resources or his/her designee may interview the suspected employee prior to the immediate supervisor if circumstances warrant.

B. If, upon further investigation, the Associate Superintendent of Human Resources or his/her 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 Associate Superintendent of Human Resources or his/her 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. The District may also use alcohol tests to detect the presence of alcohol in beverage containers or other personal item(s) an employee may possess. A positive test indicating presence of alcohol shall be deemed as possession under this Rule.

E. 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.

F. 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.

G. The Associate Superintendent of Human Resources or his/her 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, 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.

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. Possession of 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.

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

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

E. 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 his/her designee may impose a lesser or alternative penalty than those provided for herein if the Superintendent or his/her 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, including driving under the influence, must notify the Associate Superintendent of Human Resources or his/her designee no later than one(1) 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.

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. Illegal drugs shall also include any prescription drugs that an employee possesses that are not prescribed to the employee unless such prescription is current, and temporarily possessed for an immediate family member.

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 Associate Superintendent of Human Resources or his/her designee for further investigation.

B. If, upon further investigation, the Associate Superintendent of Human Resources or his/her 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 Associate Superintendent of Human Resources or his/her designee. The employee shall be advised of the required drug testing by the Associate Superintendent of Human Resources, or his/her 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 Associate Superintendent of Human Resources or his/her 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 his/her designee may impose a lesser or alternative penalty than those provided for herein if the Superintendent or his/her 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 Associate Superintendent of Human Resources or his/her designee no later than one (1) 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.

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.

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.

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.

The purpose of professional learning is to maximize staff potential, to impact student achievement, and to improve the operations of the District.  Comprehensive professional learning 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 professional learning will ensure staff members are offered training opportunities to improve job performance and workplace engagement.

Professional Development

Professional development will 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, and conferences through individual, small group or large group settings. Job embedded professional development is also included in, but not limited to, professional learning communities, coaching, and instructional rounds for staff in the District.

Content:

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

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

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

Planning:

Comprehensive professional learning 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 professional learning 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 professional learning so that all staff members engage in continuous improvement.

Evaluation:

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

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.

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.

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.

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 (except for claims of sexual harassment) shall use the procedure set forth in this Rule. Complaints regarding sexual harassment shall
follow the procedures of District Rule 4001.3. 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 (except 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. 

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.

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.

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.

Employees may participate in payroll deductions for the purchase of United States Savings Bonds.  Enrollment forms are available from the district payroll office.

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).

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. 

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.

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).

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.

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.  
 

I. Rules.

The following provisions shall apply to usage of paid 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 paid 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.

G. The District may permit an employee who has available vacation to substitute vacation in lieu of sick leave for reasons of illness, injury, and/or disability.

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.

I. Procedure 

Employees who qualify and are eligible 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 long-term disability benefits under the Plan, the former employee shall be entitled to preferred re-employment by the District. To be eligible for preferred re-employment under this provision, written notice must be provided by the employee to Human Resources 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 use reasonable efforts 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 with the District, 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 

If an employee is awarded long-term disability benefits under the Plan, during the period of separation no salary or benefits shall be paid nor will the employee be advanced on any salary schedule. Any insurance coverage provided to the former employee by the District immediately prior to the separation associated with long-term disability benefits may be continued during the period of disability at the former employee’s expense in accordance with the provisions of COBRA and the insurance plan(s). This Rule shall apply to all persons who are or have been receiving benefits under the Plan.

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). 

12. Designated remote-learning/online learning days when school is closed, but classes are continued online.

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.

I. Requests for leave without pay will be considered on an individual basis. Factors which may be considered 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 or as a short-term accommodation 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 without pay 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, rule or law.

I.     A leave of absence without pay is leave for one or more semesters or, in the case of leave related to the Family and Medical Leave Act (FMLA), for a period of time extending beyond the qualified FMLA entitlement. 

A leave of absence without pay may be granted for the following:

A. Staff desiring to continue one’s education,

B. Personal or immediate family health reasons, 

C. Staff desiring to stay at home with one’s children, or

D. A leave of absence without pay may also be granted for other personal reasons depending upon the circumstances at the sole discretion of the District. 

A leave of absence without pay will not be granted for the following:

A. If the purpose of the requested leave of absence or the reason necessitating the leave request is to seek or obtain other employment in a certificated role,

B. If the employee intends to work for another school district during the leave of absence without pay, or

C. If the staff member is moving from the Omaha area for any reason other than continuing one’s education.

II.    Procedures and Conditions.  After a minimum of one (1) full year of employment with the District, a leave of absence without pay may be requested.  The following procedure must be followed:

A. A request for a leave of absence without pay must be submitted in writing to the Human Resources Office and all such requests must be approved by the Human Resources Office.  Such approvals are not routine or automatic and are subject to the District’s staffing needs and requirements.  When a certificated staff member submits a request for a leave of absence without pay for one full semester or more, the request must also be approved by the Board of Education.

B. A leave of absence without pay may be granted for up to one full school year.  Any leave of absence without pay that exceeds one full semester shall be considered one school year.  To continue a leave of absence without pay beyond one school year, the employee must reapply.  A subsequent leave of absence without pay for two consecutive school years will only be granted in extreme circumstances.

C. A request for a leave of absence without pay 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 certificated staff member requesting the leave prior to the request being submitted to the Board of Education for approval.

E. When an employee intends to return to work from a leave of absence without pay, the employee shall report this intention in writing to the Human Resources Office by the following deadlines:

        (1) on or before March 15 when the employee intends to return to work at the beginning of the following school year; or

        (2) no fewer than thirty (30) days prior to the date that the requested leave expires when the employee intends to return to work during the middle of a school year.

        (3) For leave of absences without pay that lasts fewer than 30 days, the employee shall provide such notice prior to the date that leave commences.  

If no such written 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 a leave of absence without pay, the employee will not receive salary or credit for years of service with the District.  Any 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 insurance plan(s).

IV. Return to Employment.  The District does not guarantee that an employee on a leave of absence 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.

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; and/or

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; 

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 for the combination of Family/Medical Leave and Military Family Leave.

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 sick leave for any part of the time period for such leave. An employee may elect to utilize available vacation time for FMLA leave if available.

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.

I. Eligible employees shall be granted up to 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 one additional day of leave for a maximum of five(5) workdays. 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.

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. 

VI. The Superintendent or his/her designee reserves the right to limit approval for Professional Leave based upon the ability of the District to deliver the educational program. If attendance is limited, preference will be given to those employees who have the greatest business need to attend or participate in the professional leave and shall be determined by the District in consultation with the employee’s supervisor.

Approved professional leave shall not result in the use of paid personal leave of the employee. 

I.     The District may permit approved association leave.  All 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.