Policies

Policies

The Board of Education adopts clearly defined written policies and rules to guide the operations of the school district. These policies are reviewed and acted upon at the Board of Education meetings that are held on the first and third Monday of each month. Through policies and rules, the Board of Education establishes and communicates its focus on student learning and defines the limitations and directions governing all aspects of the district's operations.

Members of the community are welcome and encouraged to attend all Board of Education meetings.The policies and rules of the Millard Public Schools are set forth herein and are for educational and informational purposes only. 

The official text of the Policies and Rules of the Millard Public School District is on file at the School District Office, located at 5606 South 147th Street, Omaha, Nebraska.The Millard School District makes reasonable efforts to maintain accurate information on this website; however, omissions or errors may occur from time to time. Any discrepancy between the information set forth on this website and the official text of the Policies and Rules shall be resolved in favor of the official text. The official text of the Policies and Rules may be reviewed at the District office during normal business hours and copies of the Policies and Rules or portions thereof, are available upon request from the District Office for a reasonable photocopying charge.

unanimous Wed, 02/13/2019 - 15:18

1000: Community Relations

1000: Community Relations unanimous Thu, 02/28/2019 - 14:13

1100: Communication with the Public

1100: Communication with the Public unanimous Thu, 02/28/2019 - 14:15

The District shall communicate effectively, both internally and externally, in order to implement the Strategic Plan, operate the schools, and maintain high levels of community support. The communications program of the Millard Public Schools shall involve the Board of Education and all school personnel.

Through a transparent and comprehensive two-way communications process, the district and schools shall understand the needs of the community and the public shall be fully and promptly informed of plans, activities, and needs of the school system.

Date of Adoption
February 17, 1975
Date of Revision
October 15, 2001
March 21, 2022
Date of Last Review
January 19, 2015

1100.1: District Program

1100.1: District Program unanimous Thu, 02/28/2019 - 14:16

The District will inform the staff and the public on matters of district­wide significance, through District sponsored mediums of communications as well as through the news media. The Superintendent or designee will serve as a resource in the development and implementation of the communications program of each school in the District. District publications (including newsletters, newspapers, pamphlets, brochures and other similar print materials and electronic mediums) shall contain the District logo on the front page or back cover. Promotional materials such as bumper stickers and banners shall contain the District logo. The names of members of the Millard Board of Education shall be listed in the District website, annual report, and newsletters

Date of Revision
March 21, 2022

1100.2: Building Level Program

1100.2: Building Level Program unanimous Thu, 02/28/2019 - 14:17

To increase the knowledge of the community about its schools and the schools about its community, each school shall plan and execute a transparent and comprehensive, two­-way communications program as part of the site planning process. While the responsibility for the program lies with the principal, each member of the staff and community members on the school improvement team should be involved in developing and carrying out the activities of the communications program. The program shall be evaluated annually.

School publications (including yearbooks, newsletters, newspapers, bulletins, handbooks, pamphlets, homework folders, agendas, brochures, directories and other similar print materials and electronic mediums) shall contain the District logo on the front page or back cover.

Promotional materials such as bumper stickers and banners also shall contain the District logo.

The names of members of the Millard Board of Education shall be listed in school handbooks, yearbooks and directories.

Date of Revision
March 21, 2022

1100.3: Communication with Internal Publics

1100.3: Communication with Internal Publics unanimous Thu, 02/28/2019 - 14:18

The Superintendent or designee is responsible for a transparent and comprehensive, two-­way communications program involving all employees.

District­ sponsored mediums of communications will be used to increase employees’ understanding of, and support for, district policies and programs, and to promote a free exchange of ideas.

Employees shall recognize their roles in the District’s communications program as sources of information to external publics.

Employees who create district or school sponsored publications (including handbooks, yearbooks, newsletters, newspapers, bulletins, pamphlets, homework folders, agendas, brochures, directories and other similar print materials and electronic mediums) shall ensure that the District logo appears on the front page or back cover.

Promotional materials such as bumper stickers and banners shall contain the District logo.

The names of members of the Millard Board of Education shall be listed in publications as specified in rules 1100.1 and 1100.2.

Date of Revision
March 21, 2022

1100.4: Notice of Non-Discrimination

1100.4: Notice of Non-Discrimination unanimous Thu, 02/28/2019 - 14:19

Annual public notification of the Notice of Non-Discrimination shall be made through placement in student handbooks, board policies, newsletters, bulletins, job applications, course offering handbooks, postings, websites, and in other communications required for Title IX, Title VII, and Section 504.

The Notice of Non-Discrimination shall read as follows:

The Millard School District does not discriminate on the basis of race, color, religion, national origin, marital status, disability, age, sex, sexual orientation, gender, gender identity, or on any other basis prohibited by federal, state, or local laws in admission to or access to or treatment of employment, in its programs and activities. The following person has been designated to handle inquiries regarding the discrimination and harassment policies:   Associate Superintendent of Human Resources, 5606 South 147 Street, Omaha, NE  68137 (402) 715-8200.  The Associate Superintendent of Human Resources may delegate this responsibility as needed.  Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment shall follow the procedures of District Rule 4001.2.  School personnel or job applicant complaints regarding sexual harassment shall follow the procedures of District Rule 4001.3. Complaints by students or parents regarding unlawful discrimination or unlawful harassment shall follow the procedures of District Rule 5010.2. Student or parent complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

Date of Adoption
June 7, 2004
Date of Revision
November 6, 2006
September 20, 2010
July 9, 2018
November 16, 2020
Reaffirmed
01/19/2015

1105: News Media

1105: News Media unanimous Thu, 02/28/2019 - 14:20

The Superintendent or designee will maintain a professional working relationship with the news media for the purpose of disseminating accurate information about policies, programs, procedures, achievements, decisions and critical issues of the school district. Information, which may be disclosed to the news media, will be provided only after considering the best interests of the District’s students and staff together with the applicable state and federal laws.

Date of Adoption
February 17, 1975
Date of Revision
February 4, 2002
Reaffirmed
May 21, 2012
January 20, 2020

1105.1: Schools, Departments, School-related groups

1105.1: Schools, Departments, School-related groups rdkleeman Wed, 05/15/2019 - 12:37

All information shall be released through the Office of the Superintendent except for information about extracurricular clubs, activities and athletics and school-related groups.

All media inquiries and requests should be directed to the District communications office. The District communications department shall be informed when media are on site except when attending public athletic or student events after normal school day hours.

Building staff and District personnel shall not disclose or provide any information regarding the District, its staff, students, programs, policies, events or activities to the news media without the prior approval of the building principal.  The building principal, prior to approving any request for the disclosure of information or response to any inquiry about the District, its staff, students, programs, events or activities, shall advise the Superintendent or designee of such request for the disclosure of information or inquiry.  Upon approval by the Superintendent or designee, the disclosure of all such information shall be coordinated and released by the Superintendent or designee.

All reasonable efforts shall be taken to prevent unnecessary intrusions on the students and staff to minimize any disruption to the orderly operation of the school building and education process. A representative of the District communications department or the building principal shall supervise all visits from the news media made in the school building during normal school day hours.

School-Related Groups - As a matter of clarity, it is understood that school-related groups such as professional teacher organizations and parent-teacher organizations shall arrange for their own information releases.

 

Date of Adoption
February 17, 1975
Date of Revision
February 4, 2002
January 20, 2020
Reaffirmed
May 21, 2012

1105.2: Coverage of Board Meetings

1105.2: Coverage of Board Meetings holly Wed, 06/26/2019 - 12:12

Representatives of the news media are invited to attend meetings of the Board.

1. The agenda and explanatory packet materials for each regular Board meeting will be posted on the district web site.

2. News media representatives and other members of the public are allowed to videotape, televise, photograph or broadcast all or any part of regular board meetings. However, such activities must be conducted in a manner that does not disrupt the meetings. Cameras, microphones, and other equipment must not hinder the board in transacting its business.

3. Questions from reporters directed to the Board or to the Board members will not be allowed while the meeting is in progress, except during the time designated for Public Comments. Board members or their representatives will be available after the meeting to respond to questions and clarify actions taken.

Date of Adoption
September 4, 1984
Date of Revision
February 4, 2002
May 21, 2012
January 20, 2020

1115: Advertising

1115: Advertising holly Wed, 06/26/2019 - 13:27

The facilities, staff and students shall not be involved in advertising or promoting the interests of any political or commercial interest or interests during school hours or during school functions except as approved by the Board of Education or the Office of the Superintendent as hereinafter provided in Rule 1115.1.

The District may permit advertising in recognition of contributions supporting the District and/or student activities.  Such advertising or recognition shall be limited to areas and locations approved in accordance with the District Policies, Rules, state statutes and applicable regulations, and applicable city ordinances.

Date of Adoption
June 6, 1977
Date of Revision
January 7, 2002
Reaffirmed
May 3, 2010
June 1, 2020

1115.1: Advertising

1115.1: Advertising holly Wed, 06/26/2019 - 13:11

The District may use educational materials bearing identification of the persons, firms, corporations or other business associations responsible for producing the educational materials provided such materials are used solely because of a bona fide educational value.

Commercial advertising and advertisements for the purpose of this Rule is defined to be commercial promotion, acknowledgments, recognition of persons, firms, corporations or other business associations or other commercial organizations for promotion of products or services.

All commercial advertisements must comply with the District’s policies and rules.

The acknowledgments, recognition or advertising shall not interfere with nor disrupt the operation of the schools, use of school facilities, school activities or the educational process.

I. Standards

1. The District does not by this rule create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable content of any and all such commercial advertising or advertisements within the District.

2. The content of any commercial advertising must meet with prior approval from the Superintendent or designee. Any commercial advertising that is associated with, connected to, or requires a “special project” as that term is defined in District Rule 3614.1 must be pre-approved by the Superintendent (or designee).

3. The commercial advertisements shall not contain statements or commercial messages which the District determines, in its sole discretion, is contrary to educational values, is vulgar, obscene, defamatory, discriminatory, religious, political or ideological or which relates to a controversial topic or viewpoint.

4. Commercial advertising or advertisements shall not relate to a product or service, which the District determines, in its sole discretion, to be inappropriate or illegal for minors, or violates any provisions of this rule.

5. No commercial message may relate to a product or service that the District determines, in its sole discretion, to be educationally controversial or promotes the indoctrination of ideological, political, religious, or social beliefs.

II. Venues or Locations

A.  Commercial advertisements, with the exception of district-owned athletic facilities are not permitted on the interior or exterior of the District’s property including buildings or facilities. District-owned athletic facilities where advertising is permitted include the Buell Stadium, football fields, baseball fields, soccer fields, softball fields, tennis courts, gymnasiums and swimming pools.

B. Commercial advertising may be permitted in district-wide publications or district-sponsored projects.

C.  Commercial advertising may be permitted in school related publications, newspapers, yearbooks, newsletters, activity programs and school event programs.

III. Procedures

A. Schools shall advise their Partners for Education of all advertising opportunities and may grant a priority to the Partners for Education for such opportunities. Additional commercial advertising opportunities may be offered to Partners for Education as part of the Partners for Education Program with the approval of the Superintendent’s designee.

B. The following shall apply to contracts for commercial advertising within Millard Public Schools or on property produced for the district such as clothing, or on all digital and print publications of the district. All advertising contracts shall be on district-approved contract forms and such contracts shall identify the District as the contracting party and shall not identify the particular school or building as the contracting party.

1.B uilding principals without approval of the Superintendent (or designee) may enter into contracts on behalf of the District for commercial advertising for the building or facility under the principal’s authority and responsibility if the contract does not require a payment exceeding $1,000.00, unless the advertisement or contract is associated with, connected to, or requires a “special project” as that term is defined in District Rule 3614.1. All contracts and advertisements that are associated with, connected to, or require a “special project” must signed by the Superintendent (or designee).

2. Subject to the prior approval of the Superintendent (or designee), building principals may enter into contracts on behalf of the District for commercial advertising for the building or facility under the principal’s authority and responsibility if the contract requires payment exceeding $1,000.00 unless the advertisement or contract is associated with, connected to, or requires a “special project” as that term is defined in District Rule 3614.1. All contracts and advertisements that are associated with, connected to, or require a “special project” must signed by the Superintendent (or designee).

3. Any contract providing for any payment exceeding $10,000.00 shall be subject to the approval of the Board of Education.

4. Any contract which may only be economically feasible if for an extended term such as contracts for gymnasium floors or other similar facilities shall be subject to the approval of the Board of Education.

5. When a payment or donation is made in kind, a fair and reasonable value of the donation or payment in kind shall be considered the amount of the payment received.

C. ​​​​All revenue received from commercial advertising or institutional support for which recognition is granted shall be reported to the Superintendent (or designee) and deposited into the District activities accounts and distributed as directed by the Superintendent (or designee).

Date of Adoption
February 17, 1975
Date of Revision
January 7, 2002
May 3, 2010
September 16, 2013
June 1, 2020

1120: Board of Education Meetings

1120: Board of Education Meetings holly Wed, 06/26/2019 - 13:32

Meetings of the Board are conducted for the purpose of carrying on the business of the District and, therefore, are not public meetings, but meetings held in public.

Advanced publicized notice of the time; and place of each board meeting shall be published in the official newspaper as designated annually by the Board.

The Board will provide an avenue for citizens to express their interest in and concerns for the District and its schools.  Citizens who wish to make requests, presentations or proposals to the Board are requested to direct these to the Superintendent of Schools who will consider and act upon them according to rules adopted by the Board.

Board minutes shall be open to public inspection during normal business hours.

Date of Adoption
February 17, 1975
Date of Revision
February 18, 2002
October 7, 2019
Reaffirmed
May 21, 2012

1125: Communication with the Board of Education

1125: Communication with the Board of Education holly Wed, 06/26/2019 - 13:38

Members of the Board, individually or collectively, recognize and welcome their responsibilities for listening to and seeking comments and suggestions from members of the community.

Board members individually will refer complaints, suggestions, and constructive criticism about policy and operational matters directly to the Superintendent for appropriate consideration and action. When a complaint concerning school personnel is made to a Board member individually, the Board member will explain the normal channel for complaints as written in District Rule 1310.1 or refer the complaint to the Superintendent.

No Board member may speak for, or in the name of, the total Board unless so directed.

Date of Adoption
February 17, 1975
Date of Revision
December 16, 2002
March 17, 2003
October 7, 2019
Reaffirmed
May 21, 2012

1215: Citizens' Advisory Committees: For the Staff

1215: Citizens' Advisory Committees: For the Staff holly Wed, 06/26/2019 - 13:42

School and District-level advisory committees shall be formed as need to offer suggestions and advice to the staff in order to assist them in the decision-making process. The final responsibility for all decisions, however, rests with the Board and Superintendent.

Date of Adoption
February 17, 1975
Date of Revision
January 27, 2003
October 7, 2019
Reaffirmed
May 21, 2012

1215.1: Citizens' Advisory Committees: For the Staff

1215.1: Citizens' Advisory Committees: For the Staff holly Wed, 06/26/2019 - 13:48

Staff members wishing to establish an advisory committee for a school shall prepare a proposal for such a committee for consideration by the Principal.  Staff members wishing to establish an advisory committee for the District shall prepare a proposal for such a committee for consideration by the Superintendent or designee.

Each advisory committee shall be instructed as to:

1. The length of time each member is being asked to serve;

2. The service the staff wishes it to render;

3. The resources that the committee will have available to complete their task;

4. The approximate date for the finalization of the committee's work unless the committee is a standing committee; and

5. Board policies which might influence the assignment, function and product of the committee.

Date of Adoption
February 17, 1975
Date of Revision
January 27, 2003
October 7, 2019
Reaffirmed
May 21, 2012

1235: Conduct on District Property

1235: Conduct on District Property holly Wed, 06/26/2019 - 13:52

The District will promote in all District schools, facilities, and activities, an environment which is safe, free of disruption, and predicated by mutual respect, civility, and orderly conduct among District employees, students, parents, and visitors.

The District welcomes and encourages parental participation in their child’s education and school activities. However, parents and other visitors to District schools, facilities, and activities are expected to follow District policies and rules, and interact in a manner that is respectful and not disruptive of instruction, District activities, or other functions. Behavior that is threatening, intimidating, disruptive or resulting in an unsafe educational environment for students, District employees, parents, or other visitors will not be tolerated.

Date of Adoption
July 1, 2002
Date of Revision
September 17, 2012
April 21, 2014
Reaffirmed
September 20, 2021

1235.1: Conduct on District Property

1235.1: Conduct on District Property holly Wed, 06/26/2019 - 13:54

I. Conduct of District Employees, Parents, and Visitors. The District will promote in all District schools, facilities, and activities, an environment which is safe, free of disruption, and predicated by mutual respect, civility, and orderly conduct among District employees, students, parents, and visitors. District employees will demonstrate professionalism when communicating with the public or other District employees. District employees, parents, and other visitors will avoid disruptive, volatile, hostile, threatening, or aggressive communications or actions.

A. Expected Level of Behavior.

1. District employees will treat parents, members of the public, and other District employees with courtesy and respect.

2. Parents and other visitors to District schools, facilities, and activities will treat students, District employees, other parents, and other visitors with courtesy and respect.

B. Unacceptable/Disruptive Behavior.

1. Disruptive behavior includes, but is not limited to, behavior which interferes with or threatens to interfere with the operation of a classroom, a District employee's duties, the functions of a school facility, District activities, or substantially interferes with the educational process.

2. Using loud and/or offensive language, swearing, cursing, using profane language, or the display of anger.

3. Threatening to do bodily or physical harm to students, District employees or other visitors on District property whether or not the behavior constitutes or may constitute a criminal violation.

4. Damaging or destroying District property.

5. Any other behavior that disrupts the orderly operation of a school, a school classroom, any District facility or activity, or a District employee’s duties.

6. Refusing to follow District safety instructions or District policies or rules.

7. Defaming District employees.

8. Abusive, threatening, obscene, harassing or repetitive telephone calls, E-mails or voice mail messages.

9. Sexual harassment of District personnel, students, patrons, or vendors is strictly prohibited. Sexual harassment shall include, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature.

C. Recourse. Any employee, parent or other visitor who believes he/she was subject to unacceptable/disruptive behavior from a District employee, parent, or other visitor should bring such behavior to the attention of the immediate supervisor, building principal, or the Associate Superintendent of Human Resources.

II. Authority of School Personnel

A. Authority to Direct Persons to Leave District Property and to Limit Communications or Monitor Communications with District Employees.

1. Any individual who exhibits the following behaviors may be directed to leave District property by a principal, principal’s designee or any District level administrator:

a. Disrupts or threatens to disrupt school or District activities or operations;

b. Threatens to or attempts to do or does physical harm to students, District employees, or other visitors;

c. Threatens the health or safety of students, District employees, or other visitors;

d. Intentionally causes damage to a school, District property, or property of other visitors;

e. Uses loud or offensive language;

f. Defames District employees;

g. Who without authorization comes onto District property.

2. If the person refuses to leave the premises as directed, the administrator or other authorized personnel shall call 911 for law enforcement assistance.

3. If a visitor uses obscenities or speaks in a demanding, loud, insulting, and/or a demeaning manner, the District employee to whom the remarks are directed will follow these procedures:

a. Shall calmly and politely warn the speaker to communicate civilly.

b. If such conduct continues, the District employee to whom the remarks are directed may, after giving appropriate notice to the speaker, terminate the meeting, conference, or telephone conversation.

c. If the meeting or conference is on District property, any District employee may request that an administrator or other authorized personnel direct the speaker to promptly leave the premises.

d. If the person refuses to leave the premises as directed, the principal or designee or a District level administrator may call 911 for law enforcement assistance.

e. If the District employee is threatened with personal harm, the District employee may call 911 for law enforcement assistance.

B. Authority to Report or Terminate Phone or E-mail Communication.

1. If any District employee receives an E-mail or voice mail message that is abusive, threatening, obscene, harassing or repetitive, the District employee is not obligated to continue the telephone call or respond to the E-mail or return the telephone call.

2. The District employee should save the message and contact their supervisor. If the message threatens personal harm, the District employee may contact law enforcement.

Date of Adoption
July 1, 2002
Date of Revision
March 20, 2006
September 17, 2012
April 21, 2014
November 16, 2020
Reaffirmed
September 20, 2021

1240: Service Animals

1240: Service Animals holly Wed, 06/26/2019 - 14:06

The District will comply with applicable federal and state statutes, regulations, and rules regarding the use of service animals by disabled parents and visitors. All parents and visitors with a disability who are accompanied by a service animal will be subject to the requirements of applicable federal and state statutes, regulations and rules, and District Rule 1240.1.

Date of Adoption
February 6, 2012
Reaffirmed
November 4, 2019

1240.1: Service Animals

1240.1: Service Animals holly Wed, 06/26/2019 - 14:09

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 a parent or visitor with a disability and is required for a parent or visitor 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 parent’s or visitor’s disability and required for the parent or visitor 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 dogs: the provision of emotional support, well-being, comfort, or companionship.

III. Presence of Service Animals.

A.     A parent or visitor with a disability shall be permitted to be accompanied by his/her service animal in all areas where parents or visitors, members of the public, participants in services, program or activities, or invitees, as relevant, are allowed to go.

B.     A bona fide trainer of a service animal may also be accompanied by such animal in training.

C.     A parent or visitor 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 a parent or visitor 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 any service animal, and a parent or visitor with a service animal shall be solely responsible therefor.

2. A parent or visitor with a service animal shall maintain the service animal so that it will always be clean, well groomed, and not have an offensive odor.

3. A parent or visitor with the 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 a parent or visitor 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 parent’s or visitor’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 a parent or visitor with a disability. Examples include where the service animal is observed guiding a parent or visitor who is blind or has low vision, pulling a parent’s or visitor’s wheelchair, or providing assistance with stability or balance to a parent or visitor with an observable mobility disability.

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

1. If the animal’s presence is required because of a disability, and
 
2. What work or task the animal has been individually trained to perform.

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

Date of Adoption
February 6, 2012
Date of Revision
May 21, 2018
Reaffirmed
November 4, 2019

1306: Political Activity

1306: Political Activity holly Wed, 06/26/2019 - 14:12

Materials relating to candidates for public office or holders of public office or issues, which are or may be presented on the ballot at any primary, general, or special election shall not be distributed on District property when school is in session. Informational materials relating to District bond issues, referendums, initiatives, and legislative issues may be discussed and distributed at meetings held on school property when school is not in session, subject to District policy.

The District will provide facilities to the Douglas County and Sarpy County election offices for local, state, and national elections and on election days, materials may be distributed at District facilities in accordance with the election laws. All election laws will be observed.

Date of Adoption
April 28, 1980
Date of Revision
May 6, 2002
December 4, 2006
December 3, 2012
October 5, 2020

1306.1: Political Activity

1306.1: Political Activity holly Wed, 06/26/2019 - 14:14

Literature or other materials relating to candidates for public office or holders of public office or political or ballot issues will not be distributed to students, staff, parents, or any person by any individual or group on District property when school is in session.  All District communication systems including the District e-mail system may not be used to distribute political materials. District property includes but is not limited to buildings, stadiums and other athletic facilities, grounds, and parking lots. For purposes of this Rule and Policy, school shall be deemed to be in session beginning one hour before the start of classes through and until 30 minutes after the end of any school sponsored student activities taking place on school property.

Upon prior approval by the Superintendent or designee under District policy, informational material prepared by the District and pertaining to District responsibilities and programs may be distributed through all District communication systems including the District e-mail system, newsletters and other school publications.

School-related organizations that use school facilities shall not use school property when promoting partisan politics or individual candidates for public office or holders of public office.

Date of Adoption
April 28, 1980
Date of Revision
May 6, 2002
December 4, 2006
December 3, 2012
Reaffirmed
October 5, 2020

1310: Complaints: School Personnel / Instructional Materials

1310: Complaints: School Personnel / Instructional Materials holly Wed, 06/26/2019 - 14:17

The District welcomes constructive criticism when such criticism is motivated by a sincere desire to improve the quality of education in the District.

Channels of communication as defined in the rules adopted by the Board will be utilized in the handling of complaints.

Date of Adoption
February 17, 1975
Date of Revision
March 16, 1998
September 20, 2010
Reaffirmed
February 17, 2003
January 21, 2019

1310.1: Complaints: School Personnel

1310.1: Complaints: School Personnel holly Wed, 06/26/2019 - 14:20

The following procedures have been established to provide a system for receiving, considering and acting upon complaints regarding school personnel. Complaints regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) should follow the complaint and reporting procedures of District Rule 4001.2. Complaints and reporting associated with sexual harassment shall follow the procedures of District Rule 4001.3. 

I. INFORMAL RESOLUTION 

A. Reasonable efforts shall be made to address the concerns and issues raised in any complaint regarding school personnel at the earliest stage, and to reach an acceptable resolution through the informal process. 


B. In an effort to resolve all concerns and issues at the earliest stage and through informal methods and procedures, any complaint regarding a certificated staff member shall be first referred to the certificated staff member. Complaints regarding any classified staff shall be presented to the supervising certificated staff member, if any, or to the building principal to handle.  


C. When a certificated staff member, receives a complaint, he/she will immediately address the concerns and/or issues by initiating an informal conference with the complainant, thereby providing an opportunity for a discussion and informal resolution of the concerns or issues raised in the complaint. Nothing in this Rule shall be construed to limit the involvement of the administration in addressing and resolving any concerns or issues through the informal process. 

D. If the complainant’s concerns and/or issues are not resolved by the certificated staff member the complainant shall be referred to the building principal who will initiate an informal conference with the complainant within ten (10) working days, thereby providing an opportunity for a discussion and informal resolution of the complainant’s concerns and issues. 
 

E. If the complainant’s concerns and/or issues are not resolved by the building principal the complainant shall be referred to the building principal’s supervisor who will initiate an informal conference with the complainant within ten (10) working days, thereby providing an opportunity for a discussion and informal resolution of the complainant’s concerns and issues.


F. When a complaint concerning school personnel is made directly to the Board as a whole, the complaint shall be referred to the Superintendent. 
 

G. When a complaint concerning school personnel is made to an individual Board member, the Board member may explain the process for complaints regarding school personnel as provided herein, or refer the complaint to the Superintendent. 
 


II. FORMAL RESOLUTION 

A. In the event that the initial informal handling of the complaint or concern is unsuccessful in satisfactorily addressing and resolving the concerns and/or issues of the complainant, the building principal’s supervisor shall advise the complainant that the complainant may pursue the formal complaint procedures by submitting the complaint in writing to the building principal requesting that the matter be processed as a formal complaint. Failure by the complainant to submit the complaint in writing within five (5) working days after the building principal’s initial informal handling shall constitute an abandonment of the complaint. 
 

B. The formal written complaint must be signed, contain a complete statement of the facts constituting the complaint, state the relief sought, and the reason or reasons the informal handling of the complaint was not acceptable. 
 

C. When a building principal receives a written complaint, the building principal will immediately notify the building principal’s supervisor. The building principal will then draft a written response to the complaint and forward the response to the complainant within five (5) working days, and also forward the complaint and his/her written response to the Associate Superintendent of Human Resources. 


D. Upon receipt of a written complaint and the building principal’s response, the Associate Superintendent of Human Resources shall investigate the complaint. As part of the investigation, the Associate Superintendent of Human Resources may schedule a formal conference with all or any of the following: the certificated staff member, the classified staff and his/her supervisor, the building principal, the building principal’s supervisor, and the complainant, at which time the complainant’s concerns and/or issues shall be discussed. The Associate Superintendent of Human Resources may undertake any needed investigation relating to the complaint and will thereafter render a written final disposition of the complaint within ten (10) working days of receiving the formal written complaint and the principal’s written response. Such written report shall summarize the facts, the determinations made, and, to the extent permissible, any corrective actions to be implemented. 
 

E. If the complainant desires to have the disposition of the Associate Superintendent of Human Resources reviewed by the Superintendent, then the complainant must submit a written request for review within five (5) working days of receipt of the disposition by the Associate Superintendent of Human Resources. The written request for review shall be submitted to the Associate Superintendent of Human Resources who will forward to the Superintendent the written request for review, which contain a complete statement of the facts constituting the complaint, state the relief sought, and the reason the previous resolution was not acceptable, the building principal’s response, and the Associate Superintendent of Human Resource’s written disposition. 
 

F. Upon receipt of a request for review, the Superintendent will review the written request for review, the complaint, the building principal’s response, and the written disposition of the Associate Superintendent of Human Resources. The Superintendent may undertake any such investigation he/she deems appropriate. Thereafter, the Superintendent shall complete a written decision and provide the complainant a copy of such written decision within ten (10) working days of receiving the request for review of the decision of the Associate Superintendent of Human Resources. Such decision shall summarize the facts, the determinations made, and, to the extent necessary, any corrective actions to be implemented. The decision and disposition by the Superintendent shall be final and binding. 
 

G. Complaints regarding instructional materials shall follow the procedures of District Rule 1310.2. Complaints regarding inappropriate conduct by school personnel or regarding child abuse or neglect as a result of the conduct of school personnel shall follow the procedures of District Rule 4163.3. Complaints by school personnel or job applicants regarding non-discrimination and harassment shall follow the procedures of District Rule 4001.2. Complaints by personnel or applicants regarding sexual harassment shall follow the procedures of District Rule 4001.3. Any school personnel who has a grievance not otherwise covered by a grievance procedure included within a collective bargaining agreement or other specific grievance procedure shall use the procedure set forth in District Rule 4325.1. Complaints by students or parents regarding non-discrimination and harassment shall follow the procedures of District Rule 5010.2. Complaints by students or parents regarding sexual harassment shall follow the procedures of District Rule 5010.3.

Date of Adoption
February 17, 1975
Date of Revision
March 3, 2003
January 16, 2006
February 20, 2006
September 20, 2010
January 21, 2019
November 16, 2020

1310.2: Complaints: Instructional Materials

1310.2: Complaints: Instructional Materials holly Wed, 06/26/2019 - 14:24

The following procedures have been established to provide a system for receiving, considering and acting upon complaints regarding instructional materials used by the District.  In carrying out these procedures in a professional and efficient manner, written records will be developed, maintained and documented at each level of the procedure.

  1. In the interest of establishing communications with, and providing information for, the party who has a question or concern about materials utilized by the school(s), a complaint form must be obtained from, and returned to, the building where the material is being utilized.

  1. Forms for requesting exclusion of a student from curriculum materials or courses or the exclusion of a given book, instructional unit/course or literary work from use in a building or within the District include:

  • Form A-1: Parent/Guardian Request for Student Exclusion from a Given Book, Instructional Unit or Literary Work
  • Form A-2: Parent/Guardian Request for Student Exclusion from a Course
  • Form B-1: Citizen Request for Consideration of Print and Non-Print Materials
  • Form B-2: Parent/Guardian Request for Reconsideration of a Current Course Offering
  1. Upon request for a complaint form, the building principal shall immediately address the concerns and/or questions by scheduling an initial conference between the individual with the concern and the teacher utilizing the resource, thereby providing an opportunity for an explanation of how the material is being utilized in the program.  If it is determined that the concerned party is seeking only his/her student’s exclusion from specific instructional materials and desires alternative resources (Form A-1), the student may be excused from using those items challenged, as provided in District Rule 6810.2 and shall be assigned to educational activities or resources which are as near as reasonably possible to the educational outcomes of the educational materials from which the student is excused.

  1. If, following the initial conference, the concerned party so chooses to pursue the formal complaint procedure, Form B-1 shall be provided to the complainant.  The questions on Form B-1 should be answered as completely as possible.  It must be signed and the complaint must be identified in such a way that a proper reply will be possible.  Form B-1 must then be returned to the principal from whom it was obtained.

  1. Upon receipt of the completed complaint form, the principal will immediately schedule a formal teacher/principal/complainant conference at which the concerns and/or questions of the complainant will be addressed.  Due to the importance of resolving the concern at the building level, this conference is essential.  Failure of the complainant to participate in a formal conference will result in the discontinuance of the complaint procedure.

  1. The building principal will notify the Associate Superintendent for Educational Services of any failure to resolve issues or concerns.  The Associate Superintendent for Educational Services will determine whether the complaint should be considered a building or a District issue and whether a building or a District review committee should be activated to re-evaluate the materials.  The use of challenged material by class, school, or District shall not be restricted until final disposition has been made by the appropriate review committee, but individuals may be excused from using challenged materials.

  1. If deemed appropriate, a building review committee will be established within ten (10) school days of the notification of the Associate Superintendent for Educational Services of the failure to resolve the issue except in those instances where the complaint is received late in the school year and adequate time and staff are not available for conducting a thorough study.  In those instances, the complainant will be notified and the complaint will receive immediate consideration dependent upon the availability of staff and data for committee deliberation.

  1. If the issues or concerns are of District-wide significance, a District review committee will be established within ten (10) school days of the notification of the Associate Superintendent for Educational Services of the failure to resolve the issue except in those instances where the complaint is received late in the school year and adequate time and staff are not available for conducting a thorough study.  In those instances, the complainant will be notified and the complaint will receive immediate consideration dependent upon the availability of staff and data for committee deliberation.

  1. In the deliberations of the challenged materials, the review committee shall consider the educational philosophy of the District, the professional opinions of other teachers of the same subject and of other competent authorities, reviews of the materials by reputable bodies, the teacher’s own stated objectives in using the materials, and the objections of the complainant.

  1. The findings of the building review committee and/or the District review committee shall be a matter of written record and transmitted to the Superintendent and the Associate Superintendent for Educational Services who will determine how interested parties shall be notified.  The decision, based on the findings, will be communicated to the complainant no later than thirty (30) school days from the initiation of the review committee procedure except in those instances where more extensive study is warranted.
Date of Adoption
February 17, 1975
Date of Revision
August 15, 1977
March 16, 1998
February 17, 2003
January 21, 2013
January 21, 2019

1315: Gifts to School Personnel

1315: Gifts to School Personnel holly Wed, 06/26/2019 - 14:27

School personnel shall not encourage students or parents to present them or other staff members with gifts and shall neither offer nor accept gifts or favors that will impair professional judgment.

Date of Adoption
February 17, 1975
Date of Revision
November 18, 2002
December 3, 2012
June 1, 2020

1315.1: Gifts to School Personnel

1315.1: Gifts to School Personnel holly Wed, 06/26/2019 - 14:30

When a student feels a spontaneous desire to present a gift to a staff member, the gift shall not be elaborate or unduly expensive and the staff member shall not call public attention to the gift, or in any way publicize such acts in front of other students or school personnel.

These provisions shall not be interpreted as intended to discourage acts of generosity in unusual situations.

Date of Adoption
February 17, 1975
Date of Revision
November 18, 2002
December 3, 2012
Reaffirmed
June 1, 2020

1320: Public Performance by Students

1320: Public Performance by Students holly Wed, 06/26/2019 - 14:33

The District recognizes the value of students sharing their talents and skills with the community through participation in public events when they constitute a learning experience and do not interfere with the scheduled educational programs.

It shall be the obligation of the community organization, or their rightful representative, to make arrangements through the building principal for a student or group of students whom the organization wishes to have appear on any program, or any other such public performance, as a representative of the school. Such participation shall be only in activities which will enrich or supplement the educational program, and which are minimal in loss of school time for the value received.

In determining such student participation, the building principal will give careful consideration to the extent of the students’ participation and type of performance in which they will appear before granting permission for absence from school.

Date of Adoption
February 17, 1975
Date of Revision
November 18, 2002
December 3, 2012
June 1, 2020

1320.1: Public Performance by Students

1320.1: Public Performance by Students holly Wed, 06/26/2019 - 14:35

All requests for public performances will be made to and approved by the principal’s office prior to the performance.

The following regulations shall pertain:

I. In those cases requiring special input from a department head or coordinator, the principal may seek advice as to whether requests should be approved or rejected.

II. In those cases where the request comes directly to a department head or coordinator, such requests should be referred to the principal of the school.

III. No students shall be excused from classes except as part of a school organization or department which has permission to participate in a previously approved activity sponsored by non-school agencies.

IV. Students in elementary and middle schools shall not participate in any performances which require them to be away from home overnight.

Date of Adoption
February 17, 1975
Date of Revision
November 18, 2002
December 3, 2012
Reaffirmed
June 1, 2020

1325: Contests for Students

1325: Contests for Students holly Wed, 06/26/2019 - 14:37

Community organizations sponsoring contests based on student participation must supply explanatory materials to the Superintendent or designee for consideration and approval. The District does not by this Policy create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable contest activities conducted within the District.

Date of Adoption
May 2, 1977
Date of Revision
October 21, 2002
December 3, 2012
June 1, 2020

1325.1: Community Contests for Students

1325.1: Community Contests for Students holly Wed, 06/26/2019 - 14:41

I. To be approved by the Superintendent or designee, any contest activity must be:

  1. Appropriate to the age group for which it is conducted;

  2. Designed to stimulate original, individual or group work by the contestants;

  3. Of a type which can be undertaken as a supplement to, rather than a substitute for, regular school work;

  4. An enhancement to the objectives of the educational program.

II. The contest must not promote direct sales of commercial materials or services. It will be the responsibility of the building principal to see that announcements of contests are posted and information regarding contests is distributed to the appropriate teachers.

  1. Teachers may not require student participation, nor devote undue class time to promotion of any contest.
  2. Students should not use school time to work on contests, unless the activities involved can be related to the instructional program and have educational value.
  3. Students shall not be excluded from competition because of race, color, religion, national origin, sex, sexual orientation, gender, gender identity, marital status or disability, or required to pay an entry fee or purchase materials in order to participate.

III. Selection of contest winners is the responsibility of the sponsoring organization.

Date of Adoption
May 2, 1977
Date of Revision
October 21, 2002
December 3, 2012
November 16, 2020
Reaffirmed
June 1, 2020

1335: Student Production of Materials and Provision of Services

1335: Student Production of Materials and Provision of Services holly Wed, 06/26/2019 - 14:45

Community organizations and Partners for Education requesting that students produce materials must supply explanatory materials to the Superintendent or designee for consideration and approval. The District does not by this Policy create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable community activities conducted within the District.

Date of Adoption
February 17, 1975
Date of Revision
November 4, 2002
December 3, 2012
September 8, 2020

1335.1: Student Production of Materials and Provision of Services for Community Organizations and Partners for Education

1335.1: Student Production of Materials and Provision of Services for Community Organizations and Partners for Education holly Wed, 06/26/2019 - 14:48

I. To be approved by the Superintendent or designee, any request to produce materials for community organizations and Partners for Education must meet the following criteria:

A. The activity must be appropriate to the age group participating.

B. The activity must be designed to stimulate original, individual or group work by the participants.

C. The activity must be of a type that can be undertaken as a supplement to, rather than a substitute for, regular school work.

D. The activity must be an enhancement to the objectives of the educational program

II. It is the responsibility of the building principal to provide information to the appropriate teachers regarding requests for production of materials from community organizations and Partners for Education.

A. Teachers may not require student participation, nor devote undue class time to the production of materials.

B. Students should not use school time to work on production of materials, unless the activities involved can be related to the instructional program and have educational value.

C. Students shall not be excluded from participation because of race, color, religion, national origin, sex, sexual orientation, gender, gender identity, marital status or disability.

E. Students shall not be required to pay a fee or purchase materials in order to participate.

F. The community organizations and Partners for Education requesting such materials or services may be assessed a fee for costs incurred in production of materials.

Date of Adoption
February 17, 1975
Date of Revision
November 4, 2002
December 3, 2012
September 8, 2020
November 16, 2020

1340: Use of School Facilities and Equipment

1340: Use of School Facilities and Equipment holly Wed, 06/26/2019 - 14:56

School facilities and equipment may be used by individuals and organizations (both non-profit and for-profit). Such uses shall be subject to the rules and regulations established under this policy.

Date of Adoption
February 17, 1975
Date of Revision
September 21, 1998
Reaffirmed
October 7, 2002
April 5, 2010
November 4, 2019

1340.1: Use of School Facilities and Equipment

1340.1: Use of School Facilities and Equipment holly Wed, 06/26/2019 - 14:59

I.    Categories for Facility Use

The following priorities are established for scheduling the use of district facilities and equipment:

Category 1 Uses:  Building or district-wide school events, activities, and programs;

Category 2 Uses:  Events or activities that are designed to serve district students or are related to any function of the school and are planned and directed by school-affiliated non-profit groups and events or activities sponsored by Partners for Education and programs which meet an action plan in the District’s strategic plan;

Category 3 Uses:  Events or activities which serve Millard area youth (i.e., a majority of participants must be from Millard) that are planned and directed or sponsored by non-profit youth organizations not directly affiliated with the school. 

Category 4 Uses:  Non-profit civic, service, or other groups whose purpose is to promote the general welfare of the community; 

Category 5 Uses:  Individuals or groups involved in activities not listed above.

II.    Limitations on Use of School Facilities

In no event will the use of school facilities and equipment be permitted:
    
A.    When the use would interfere with any class-related use;

B.    When the use would interfere with events sponsored by the school or school groups;

C.    When the use would involve illegal activity;

D.    When the organization or individual(s) involved have previously engaged in (or can reasonably be expected to engage in) any form of illegal discrimination or violence or when such organization or individual(s) advocate (or have a reputation for advocating) violence or rebellion against the United States, the State of Nebraska, or any political subdivision thereof;

E.    When the use would be of a morally objectionable nature or would be contrary to any of the District’s policies or rules or would be contrary to the goal and/or objectives of the District’s educational programs;

F.    When the use would result in the District’s facilities or equipment being altered, modified, or changed;

G.    When the use would result in the District’s facilities being used to store the equipment of the user;

H.    When, in the opinion of the administration, the use would present an unacceptable risk of damage or excessive wear and tear to the facilities or equipment;


I.    When, in the opinion of the administration, the use would present a significant disruption to the effective administration of a building or district program.

District facilities will not be made available for private social functions, including but not limited to, wedding receptions; birthday, graduation, or swimming parties; or other such events.  Building administrators may place further limitations on uses in their buildings.  Such limitations may include, but shall not be limited to: excluding the use of indoor facilities for soccer and/or baseball practices; excluding the use of science laboratories, media centers, elementary classrooms, and/or administrative offices; and excluding the use of facilities if such would be reasonably necessary to ensure timely cleaning and maintenance.  Such additional limitations by a building administrator shall be supported by a reasonable rationale, shall be consistently applied, and shall be reported to the office of the District Executive Director of Activities.

Building administrators or their designees may inspect and review any and all items brought into the building to ensure appropriate building safety and effective administration of the facilities.  If, in the opinion of such administrator, any items would be unsafe, inappropriate, or undesirable in the building, he/she may prohibit such item from entering the building or require its removal from the building.  In the event the building administrator’s directive is not complied with expeditiously, approval for the use of the facility shall be withdrawn immediately by the administrator.

III.    Applications for Use of School Facilities

The administration shall develop an Application for Use of School Facilities form to assist with the administration of this Rule.  Such form shall be completed by all non-school organizations requesting the use of school facilities or equipment.  The Application shall require that all applicants:

A.    Agree to comply with all district policies, rules, and regulations that govern use of facilities;

B.    Agree to be responsible for any damages incurred to facilities, grounds, or equipment during the period of such use;

C.    Agree to have the District Executive Director of Activities as the final determiner as to whether repair or replacement is the appropriate remedy for any damages.

D.    Agree to be wholly responsible for the supervision and control of all persons and activities during such use;

E.    Agree to protect, indemnify, and hold the district harmless for any and all claims, suits, actions, damages, judgments, or causes of action arising out of, or in any related to, such use and further that, if requested, the applicant will provide, prior to the planned use of a facility, a Certificate of Liability Insurance in the amount of at least one-million dollars, naming the District as an additional insured.

District employees wishing to use a district facility for other than their assigned contractual duties must submit a completed Application for Use of School Facilities and shall be subject to the same rules (including fees and charges) as non-employees.

IV.    Cancellation of Approved Applications

A previously approved facility use may be canceled for one or more of the following reasons:

A.    Failure of the Applicant to pay applicable fees or charges for this use or any prior use;

B.    Failure to reimburse the District for damages incurred during any prior use;

C.    Evidence satisfactory to the District that Applicant's use of the facility would violate a District policy, rule, or regulation or would be illegal;

D.    Any violation of the terms and conditions of the Application;

E.    Any change in the school activities that presents a conflict with the use; or

F.     Any snow or ice accumulation that would require additional removal costs for the District; 

G.    Any other event or circumstance which, in the opinion of the administration, necessitates cancellation of the use.

In the event a previously approved facility use is cancelled, the District shall not be responsible for any damages incurred by the Applicant as a result of such.
 
An Applicant may, without penalty, cancel a previously approved facility use by giving notice of such to the District at least 48 hours prior to the scheduled use.  If notice is given within 48 hours but prior to the use, the facility use fee may not be refunded.

V.    Use of Facilities Rate Schedule

A Use of Facilities Rate Schedule shall be reviewed and revised as necessary and distributed by the District’s Activities Office.  Such schedule shall include, but not necessarily be limited to, fees for facilities use, equipment use, access charges, and charges for staff time.

VI.    Rate Schedules

The following fees and charges shall be assessed for the use of district facilities and equipment:

Category 1 Uses:  No fees will be assessed.  A charge may be assessed for a use which requires additional staff time.

Category 2 Uses:  No facility use or equipment use fee will be assessed.  An access charge will be assessed for weekend usage.  A charge may be assessed for a use which requires additional staff time.

Category 3 Uses:  No facility use or equipment use fees will be assessed.  Facility use by youth teams is limited to one hour on weekdays with no fees assessed and  facility use fees and minimum time requirements will apply for any facility use by youth teams on weekdays in excess of one hour.  An access charge will be assessed for weekend usage.  A charge may be assessed for a use which requires additional staff time. The exception to this is the use of Lyle Buell Stadium or the Millard South Track Facility, in which a reduced facility use and/or equipment use fee will be assessed and an access charge will be assessed. A charge may be assessed for a use which requires additional staff time.

Category 4 Uses: A reduced facility use and/or equipment use fee will be assessed.  An access charge will be assessed for weekend usage.  A charge may be assessed for a use which requires additional staff time.  The exception to this is the use of Lyle Buell Stadium or the Millard South Track Facility, in which a reduced facility use and/or equipment use fee will be assessed and an access charge will be assessed. A charge may be assessed for a use which requires additional staff time.

Category 5 Uses:  A full facility use and/or equipment use fee will be assessed.  An access charge will be assessed for weekend usage.  A charge may be assessed for a use which requires additional staff time.  A charge may be assessed for a use which requires additional staff time.

When applicable, the minimum time upon which the facility use fee is determined will be two hours.  The exception to this is the use of Lyle Buell Stadium or the Millard South Track Facility when minimum time upon which the facility use fee is determined will be three hours.  Use fees may be waived for public service meetings or presentations by governmental agencies; for governmental agencies conducting district-initiated services or for a specific program as determined in the discretion of the district, to serve the interests of the District, upon prior approval by the Superintendent or designee.
            
VII.    Equipment Requirements

Approval for the use of a facility shall not include the use of school equipment unless specifically requested and approved on the Application form.

VIII.    Access Charges
    
 An hourly access charge shall be assessed to compensate the District for expenses incurred in providing building access and other normal overhead expenses during weekend usage, such as heating, air conditioning, lighting, and general maintenance services. Such charge shall be assessed for the hours of the use plus the additional time required to clean up and secure the area.  
       
If a user desires to have a custodian assigned exclusively to assist with the use, an additional charge for such service shall be assessed.

In situations where no advanced cancellation notice has been received by the District and the user does not appear at the scheduled time, the staff assigned shall remain available at the facility for one hour before securing the building and departing.  An access fee will be assessed to the scheduled user for such time.

IX.    Special Staff Requirements

District staff must be present when certain school facilities are used. These facilities shall include, without limitation, kitchen facilities, swimming pools (where a life guard must be assigned), auditoriums (where stage and lighting technicians may be needed), and other such areas as may be determined by the administration.  When such additional staff are required to be present, the using organization will be charged for district expenses associated with such additional staff.

Arrangements for any additional staff (except kitchen staff) shall be made by the building administrator or his/her designee.   Arrangements for kitchen staff shall be made by the District’s Director of Food Service or his/her designee.
   
If the approved use involves employees other than those specifically required by the District, the user may contract directly with the employee. 

X.    Religious Organizations
    
Religious organizations may make application to use a district facility for a period of one year.  An extension may be granted if satisfactory evidence exists that the organization is in the process of acquiring or securing the use of other non-district facilities for its use.

XI.    Use of Open Areas

School playgrounds, practice fields, and other open areas which are not being used for school activities shall be available to the general public on a first-come, first-served basis from one hour before sunrise to one hour after sunset each day. Thereafter, such areas shall be closed to public use. The only organizations that may submit an application to reserve the use of such areas shall be non-profit organizations serving Millard youth, and these organizations shall meet district requirements for the use of district facilities.  Any groups using such facilities shall be responsible for any damage occurring as a result of such use and shall be responsible for clearing the grounds of litter after such use.

XII.    Snow and Ice Removal
    
In the event of significant snowfall (or accumulation of ice) prior to a use of district facilities, the District’s operations and maintenance supervisors shall make a determination as to whether or not snow or ice removal is required.  If such is required and if snow or ice removal is not necessary for other school-related activities, the scheduled use shall be canceled or, if mutually agreed to by the District and the user, the snow or ice will be removed by district personnel or contractors and an additional charge for such will be assessed to the user.  

All snow and ice removal on district property must be made by district personnel or by properly insured independent contractors approved by and working for the District.  Users will not be permitted to engage in snow or ice removal activities nor will they be permitted to hold activities on school property without proper snow or ice removal. 

XIII.    Vehicle Parking

Vehicles may properly park in district parking areas when attending school activities, when conducting school related business, or when in attendance at any approved use of school facilities.  The District’s grounds may not be used for any other parking of private vehicles. Any vehicles which are not permitted by this Rule to be parked on District property shall be subject to towing at the owner's expense.  Similarly, vehicles that are improperly parked shall also be subject to towing at the owner’s expense.  Improper parking shall include, but not be limited to, parking in driveways or throughways, parking over painted stall lines, and parking on grassed areas.

XIV.   For the purposes of this Rule, the term “school-affiliated non-profit groups” shall be narrowly construed so as to only include groups which satisfy the Internal Revenue Service requirements for a non-profit organization and whose sole and direct mission and purpose are to support a district school or district schools.


 

Date of Adoption
August 15, 1983
Date of Revision
September 21, 1998
October 7, 2002
December 19, 2005
June 16, 2008
April 5, 2010
January 9, 2012
November 4, 2019

1345: Dissemination of School Procedures and Materials

1345: Dissemination of School Procedures and Materials holly Wed, 06/26/2019 - 15:05

Forms and publications developed in or for the District may be made available to outside organizations. Fees may be charged for such materials, including materials copyrighted by the District.

Date of Adoption
February 17, 1975
Date of Revision
July 21, 2003
Reaffirmed
December 3, 2012
August 17, 2020

1345.1: Dissemination of School Procedures and Materials

1345.1: Dissemination of School Procedures and Materials holly Wed, 06/26/2019 - 15:16

Authorization for distribution of District materials to outside organizations shall be obtained from the building principal, or when appropriate, from the Superintendent or designee.

No outside organization shall be granted exclusive access to or control over the materials made available.

Date of Adoption
February 17, 1975
Date of Revision
July 21, 2003
Reaffirmed
December 3, 2012
August 17, 2020

1347: Smoking and Use of Tobacco and E-Cigarette Products

1347: Smoking and Use of Tobacco and E-Cigarette Products holly Wed, 06/26/2019 - 15:18

No tobacco products or e-cigarette type products may be used by community members and visitors in facilities or on grounds owned, leased or operated by the Millard Public Schools.

Date of Adoption
September 6, 1988
Date of Revision
December 20, 1993
January 17, 1994
April 19, 2004
April 21, 2014
Reaffirmed
February 9, 2004
October 17, 2011
September 20, 2021

1347.1: Using Tobacco and E-Cigarette Products

1347.1: Using Tobacco and E-Cigarette Products holly Wed, 06/26/2019 - 15:22

Appropriate signs will be placed at the entrances of all buildings, athletic 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.

Anyone who is observed smoking or using tobacco products or e-cigarette type products in violation of District policies shall be asked to refrain from such activity. If the individual fails to comply with the request the violation may be referred to the principal or District supervisory personnel responsible for the area or the program. The supervisor shall make a decision on further action, which may include a directive to leave school property. Repeated violations may result in a recommendation to the Superintendent to prohibit the individual from entering District property for a specified period of time. If deemed necessary by school administration, the local law enforcement agency may be called upon to assist with enforcement of this policy.

Date of Adoption
November 7, 1988
Date of Revision
December 20, 1993
January 17, 1994
April 19, 2004
April 21, 2014
Reaffirmed
October 17, 2011
September 20, 2021

1415: Cooperation between Schools and Welfare Agencies

1415: Cooperation between Schools and Welfare Agencies holly Wed, 06/26/2019 - 15:24

Students in apparent need of welfare may be referred to the proper community agency.

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
July 9, 2007
Reaffirmed
October 19, 2015
September 05, 2023

1415.1: Cooperation Between Schools and Welfare Agencies

1415.1: Cooperation Between Schools and Welfare Agencies holly Wed, 06/26/2019 - 15:27

Staff members who observe District students or families in apparent need of welfare assistance should notify the school principal or designee. Written parental consent must be obtained for referral of a District student or family to the proper welfare agency.

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
July 9, 2007
October 19, 2015
Reaffirmed
September 05, 2023

1420: Cooperation and Participation with Other Educational Organizations

1420: Cooperation and Participation with Other Educational Organizations holly Wed, 06/26/2019 - 15:29

Cooperative relationships shall be maintained with other educational organizations when it can be determined that such relationships will serve the District’s mission and strategic plan and/or when mandated by law.

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
July 9, 2007
November 2, 2015
Reaffirmed
January 23, 2023

1420.1: Cooperation and Participation with Other Educational Organizations

1420.1: Cooperation and Participation with Other Educational Organizations holly Wed, 06/26/2019 - 15:31

Staff members who receive requests from other educational organizations to cooperate in educational projects shall first obtain permission to participate from the Superintendent or designee.

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
July 9, 2007
November 2, 2015
Reaffirmed
January 23, 2023

1425: Cooperation with Non-Profit Agencies

1425: Cooperation with Non-Profit Agencies holly Wed, 06/26/2019 - 15:35

Individual schools may choose to participate in fundraising activities to benefit non-profit organizations, provided that such cooperation does not restrict or impair the educational program and is consistent with the standards, criteria, and limitations of district rules 1115.1(I), 1340.1(II), 3150.1, 6700.1(II)(A)(5)(a)-(i), and 7305.1(III-IV), which are incorporated herein. Permission to conduct such an activity must be obtained from the school principal, except for any activity that is associated with, connected to, or requires a “special project” as that term is defined in District Rule 3614.1 must be pre-approved by the Superintendent or designee.  

The District does not by this policy create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable non-profit activities conducted district-wide. The only authorized district-wide campaigns for solicitation of funds from employees and students of the District will be the United Way campaign and the Millard Public Schools Foundation campaign.

 

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
February 2, 2009
November 2, 2015
Reaffirmed
September 20, 2010
January 23, 2023

1425.1: Cooperation with Non-Profit Agencies

1425.1: Cooperation with Non-Profit Agencies holly Wed, 06/26/2019 - 15:38

Non-Profit community agencies wishing to use school facilities for fundraising activities and/or after-school meetings must obtain permission from the Superintendent or designee in compliance with Policy 1340 Use of School Facilities.

The District may distribute flyers and other promotional materials for recognized non-profit community agencies in the Activities Express newspaper, if such assistance is determined by the Superintendent or designee to be consistent with the standards, criteria, and limitations of District Rules 1115.1(I), 1340.1(II), 3150.1, 6700.1(II)(A)(5)(a)-(i), and 7305.1 (III), (IV) which are incorporated herein. The District does not distribute free products to students and staff, except if such assistance is determined by the Superintendent or designee to be in the best interest of students and staff.

Schools may designate a table for literature from non-profit organizations for information that is specific to the individual school. Such information may include recruitment notices and meeting and event schedules. School staff members may announce the opportunity for students to pick up literature of interest and take it home. Schools also may designate bulletin boards for posting of meeting notices of non-profit organizations which are specific to the individual school. All such literature and postings shall be consistent with the standards, criteria, and limitations of District Rules 1115.1 (I), 1340.1 (II), 3150.1, 6700.1 (II) (A) (5) (a) – (i), and 7305.1 (III) and (IV).

Individual schools may choose to participate in fundraising activities to benefit non-profit organizations, provided that such cooperation does not restrict or impair the educational program and is consistent with the standards, criteria, and limitations of District Rules 1115.1(I), 1340.1(II), 3150.1, 6700.1(II)(A)(5)(a)-(i), and 7305.1 (III), (IV) which are incorporated herein. Permission to conduct such an activity must be obtained from the school principal, except for any activity that is associated with, connected to, or requires a “special project” as that term is defined in District Rule 3614.1 must be pre-approved by the Superintendent or designee. Promotional materials for fundraising activities taking place in individual schools may be distributed to students by school staff members only.

Students’ participation in activities sponsored by non-profit community agencies must be voluntary. Students may not use school time to participate in activities sponsored by non-profit community agencies, unless the activity is within the context of the educational program.

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
February 2, 2009
September 20, 2010
November 2, 2015
Reaffirmed
January 23, 2023

1430: Cooperation with Commercial Agencies

1430: Cooperation with Commercial Agencies holly Wed, 06/26/2019 - 15:41

Approved commercial agencies may conduct profit-making activities in individual schools, provided that the educational program is not impaired, the activity provides a financial benefit to the school, and is consistent with the standards, criteria, and limitations of District Policies, Rules, and Procedures.  

The District does not by this policy create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable profit-making activities conducted within the District.  

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
July 9, 2007
November 2, 2015
March 6, 2023

1430.1: Cooperation with Commercial Agencies

1430.1: Cooperation with Commercial Agencies holly Wed, 06/26/2019 - 15:43

Individual schools may choose to use commercial agencies to participate in profit-making activities to benefit the school, provided that the educational program is not impaired, the activity provides a financial benefit to the school, and is consistent with the standards, criteria, and limitations of District Policies, Rules, and Procedures.  Permission to conduct such an activity must be obtained from the school principal, except for any activity that is associated with, connected to, or requires a “special project” as that term is defined in District Policy and Rule must be pre-approved by the Superintendent or designee.


Commercial agencies wishing to use school facilities to conduct profit-making activities must obtain approval from the Superintendent or designee in compliance with District Policy, Rule, and Procedures. 


The profit-making activities shall not interfere with nor disrupt the operation of the schools or the educational process.  Student participation cannot be required nor classroom time devoted to promotion of profit-making activities.  Promotional material for profit-making activities taking place in individual schools may be distributed to students by approved school staff members only.


The District may distribute flyers and other promotional materials for commercial agencies in publications such as the Activities Express newspaper or the Millard Momentum newspaper, if such assistance is determined by the Superintendent or designee to be in the best interest of students and the District. The District does not distribute free products to students and staff, except if such assistance is determined by the Superintendent or designee to be in the best interest of students and staff. Any agent or representative of a commercial enterprise, including theatrical productions or plays is strictly prohibited from calling upon, securing contracts or soliciting orders or business from classroom teachers between the hours of 8:00 a.m. and 5:00 p.m. on all days in which school is in session.

Date of Adoption
February 17, 1975
Date of Revision
May 6, 2002
July 9, 2007
February 2, 2009
November 2, 2015
March 6, 2023

2000: Administration

2000: Administration unanimous Thu, 02/28/2019 - 14:31

2000: A Concept of Administration

2000: A Concept of Administration holly Wed, 06/26/2019 - 15:48

 

The administration of this school system is responsible for the direction, coordination and control of students and staff in their efforts to reach educational and system goals adopted by the Board within the guidelines established by Board policy, law and employee agreements.

The administrative staff, working as a management team under the direction of the Superintendent of schools, will manage the affairs of the school system by specializing in:

1.    The process of decision-making and communication, 

2.    Planning, organizing, implementing and evaluating, and

3.    The development and maintenance of close working relationships and channels of communication within the school system and community.
 

Date of Adoption
February 4, 1974
Date of Revision
January 19, 1998
December 6, 2004
November 4, 2019
Reaffirmed
January 21, 2013

2100: Administrative and Supervisory Personnel

2100: Administrative and Supervisory Personnel holly Wed, 06/26/2019 - 15:50

All administrative and supervisory positions in the school system are established initially by the Board, or by state law, or both.

The Superintendent is responsible for recommending to the Board a sufficient number of such positions to provide for the effective and efficient management of the school system.

In each case, the Board will approve the broad purpose and function of the position, in harmony with state law and regulations, and approve a written job description for the position. 

The Superintendent will be responsible for developing and recommending to the Board all such job descriptions.  To facilitate an effective management system, the Superintendent will also continuously maintain a comprehensive, coordinated set of job descriptions for all administrative and supervisory positions.
 

Date of Adoption
February 4, 1974
Date of Revision
January 19, 1998
December 6, 2004
November 4, 2019
Reaffirmed
January 21, 2013

2100.01: Superintendent of Schools

2100.01: Superintendent of Schools holly Wed, 06/26/2019 - 16:00

 

Reports to: Board of Education

General Summary: Chief Executive Officer of the School District.

Essential Functions:

I. Administers, as chief school executive, the development, coordination, and supervision of the educational program designed to meet the needs of the community. 

II. Recommends the number and types of positions required to provide proper personnel for the operation of such a program.

III. Administers the development, recommendation, and implementation of all Board of Education Policies: 

A. Community Relations (1000 Series) 
B. Administrative Organization (2000 Series)
C. Support Services (3000 Series)
D. Human Resources (4000 Series)
E. Student Services (5000 Series)
F. Curriculum, Instruction and Assessment (6000 Series)
G. Technology (7000 Series)
H. Internal Board Policies and Board Bylaws (8000 and 9000 Series)
I. Site Based Planning and Management (10,000 Series) 

IV. Assumes final responsibility for the selection, assignment, dismissal, and evaluation of all personnel.

V. Keeps informed of current trends and practices, by appropriate means, and keeps the Board of Education informed of trends in education.

VI. Supervises the preparation and presentation of the annual budget and recommends it to the Board of Education for approval.

VII. Attends and participates in all meetings of the Board, except executive sessions of those meetings which are concerned with the superintendent's employment.

VIII. Conducts a continuous evaluation of the progress and needs of the schools and keeps the public informed.

IX. Supervises the evaluation of all principals and all administrators in the District.

X. Supervises and evaluates all Associate and Assistant Superintendents in the District and other personnel assigned to report directly to him or her.

Qualifications:

I. Education Level: Earned Doctorate in Educational Administration, or equivalent, is required.

II. Certification or Licensure: Must hold or qualify for a valid Nebraska Administrative Certificate with a superintendent’s endorsement

III. Experience desired: Five years of successful experience in the administration of a school district.

IV. Other requirements: Experience, maturity and leadership abilities in appropriate facets of administration; awareness to the needs and objectives of the District, its Strategic Plan, and the ability to supervise and evaluate the work of others. Demonstrated ability to:

A. effectively administer, implement, and monitor the Strategic Plan;
B. show commitment to excellence in student achievement, effective learning and thinking skills;
C. be responsive to the Board of Education in goal setting, long and short range planning, and policy development;
D. show a strong commitment to student needs;
E. serve as good-will ambassador for the District;
F. effectively articulate and communicate the District’s mission.;
G. possess personal integrity, self-confidence, and concern for people;
H. maintain a climate of high expectations for the Board of Education, staff, students, parents, and community

Requirements Chart

 

Date of Adoption
July 21, 1980
Date of Revision
September 17, 2012
November 5, 2012
September 25, 1995
May 20, 1996
September 21, 2020
Reaffirmed
November 1, 2004

2100.03: Associate Superintendent of Education Services

2100.03: Associate Superintendent of Education Services holly Wed, 06/26/2019 - 16:05

 

Title: Associate Superintendent for Educational Services

Reports to: Superintendent of Schools

General Summary: Directs the planning, implementation and evaluation of programs in the areas of elementary, early childhood education, secondary education, and special education; assists the Superintendent in the evaluation of those district personnel as assigned.

Essential Functions:

  1. Assists the Superintendent in directing the administration, coordination and supervision of the district’s educational program. (15%)
  2. Supervises the Directors of: Elementary/Early Childhood Education, Secondary Education, and Special Education and the Executive Director of Technology. (15%)
  3. Administers board policies and rules related to curriculum and instruction, and special education; recommends changes to the Superintendent as needed. (15%)
  4. Assists in the preparation and administration of those sections of the district budget that pertain to educational services. (5%)
  5. Keeps informed of and interprets all court decisions, regulations, statutes, rules and policies affecting his/her division. (5%)
  6. Attends board meetings and prepares such reports for the board as the superintendent may request. (5%)
  7. Assists in the determination of types of programs needed by the schools and makes appropriate recommendations. (5%)
  8. Provides and coordinates assistance to the building level administration as it relates to services and assistance provided within the program areas. (5%)
  9. Keeps abreast of developments in the assigned program areas and provides leadership in determining appropriateness for inclusion in the district's education program. (5%)
  10. Collaborates with Executive Director of Assessment, Research and Evaluation as it relates to the approval of research projects with potential impact on curriculum and instruction within any District classroom. (5%)
  11. Assures the communication of program information to the professional staff and coordinates the dissemination of program materials. (5%)
  12. Directs the interpretation of programs to the Board of Education, the administration, the staff and the general public. (5%)
  13. Assists the development of educational specifications for remodeling projects and new construction, as requested. (2%)
  14. Maintains liaison and active participation with educational leaders at the state, regional and national levels. (2%)
  15. Supervises, assists, and evaluates the work of all assigned principals. (5%)
  16. Assumes other responsibilities as assigned by the superintendent. (1%)

 

Qualifications:

  1. Education Level:  A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred.  A six-year specialist degree in educational administration or the accepted equivalent is required.
  2. Certification or Licensure:  Appropriate Nebraska administrative certificate.
  3. Experience desired:  Five years of successful experience in educational services administration is preferred.  Three years of successful experience in administration is required.
  4. Other requirements:  Experience, maturity and leadership abilities in appropriate facets of school administration; the ability to select, supervise and evaluate the work of others, and leadership skills in the area of curriculum development, management and evaluation; sensitivity to the needs and objectives of a school district.

Requirements Table

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.

Date of Adoption
April 1, 1991
Date of Revision
May 20, 1996
November 1, 2004
October 20, 2008
September 6, 2011
August 1, 2016
April 17, 2017

2100.04: Chief Financial Officer

2100.04: Chief Financial Officer holly Wed, 06/26/2019 - 16:10

 

Reports to: Superintendent of Schools

General Summary: Administers the District’s non-education programs, including those that support the District’s educational programs and services, under the general direction of the Superintendent and in accordance with Board policies and rules.

Essential Functions: 

I.               Assists the Superintendent in directing the administration and coordination of the District’s Programs (10%)

II.              Supervises, programs related to business, facilities, custodial, grounds, maintenance, food service, projects, purchasing, distribution, and risk management,   including administration of Board Policies and Rules. (30%)

III.            Assists the Superintendent in the preparation of the budget and administers a budget control program. (10%)

IV.            Assists the work of principals and other administrative staff as directed by the Superintendent. (3%)

V.              Assists in determining the District’s future facilities needs. (5%)

VI.            Keeps informed of and interprets court decisions, regulations, statutes, legislative bills, rules and policies related to District operations. (10%)

VII.           Assists with collective bargaining by serving on the District’s negotiating team. (10%)

VIII.         Attends Board meetings and prepares such reports for the Board as the Superintendent may request. (8%)

IX.            Assists in the determination of types of programs needed by the schools and makes appropriate recommendations. (5%)

X.              Coordinates the employee photo ID system. (1%)

XI.            Assumes other responsibilities as delegated by the Superintendent. (8%)



Qualifications:

I. Education Level: A doctoral degree from an approved institution with a major in educational administration, a degree in accounting, or juris doctorate is preferred. 

II. Certification or Licensure: Appropriate Nebraska Administrative certificate, active license to practice law in the State of Nebraska, or Certified Public Accountant preferred.

III. Experience desired: Ten years of successful experience in administration or business is preferred; three years is required.

IV. Other requirements: Experience and leadership abilities in all facets of school administration, the ability to supervise and evaluate the work of others, and the ability to evaluate and manage the non-educational function of the school district.

Requirements Chart


The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.

Date of Adoption
May 20, 1996
Date of Revision
September 21, 1998
January 22, 2001
April 4, 2005
November 6, 2006
January 19, 2015
April 3, 2017
April 1, 2024

2100.08: Associate Superintendent of Human Resources

2100.08: Associate Superintendent of Human Resources holly Wed, 06/26/2019 - 16:13

 

Reports to: Superintendent of Schools

General Summary: Directs the planning, implementation and evaluation of the human resources program to ensure that it effectively supports the development and implementation of the educational programs and services of the District, including: recruiting, hiring, compensating, retaining, supervising, evaluating, and dismissing district employees.

Essential Functions:

  1. Plans and administers an efficient modern system of recruiting, hiring, compensating, retaining, supervising, evaluating, and dismissing district employees.  (30%)
  2. Supervises the Director of Personnel, the Director of Employee Relations, the Director of Student Services, Transportation Manager, and the HR Recruiter. (10%)
  3. Assists with the implementation of the New Administrator Induction Program and Leadership Academy. (5%)
  4. Supervises, assists, and evaluates the work of principals and other administrative staff as directed by the Superintendent.  (10%)
  5. Prepares and administers of the District's human resources budget.  (5%)
  6. Communicates to the Superintendent the human resource requirements and needs of the District.  Maintains contact with all departments and schools in planning and anticipating personnel needs of the school program.  (10%)
  7. Develops, administers and interprets board policies related to the human resources function.  (10%)
  8. Assists the Superintendent in directing the administration and coordination of the District’s program.  (5%)
  9. Keeps informed of and interprets all court decisions, regulations, statutes, rules and policies affecting his/her division.  (5%)
  10. Attends all School Board, Executive Committee and Cabinet Meetings and prepares such reports for the Board as the Superintendent may request.  (5%)
  11. Assumes other responsibilities as assigned by the Superintendent.  (5%)

 

Qualifications:

  1. Education Level:  A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A six-year specialist degree in educational administration or the accepted equivalent is required.
  2. Certification or Licensure:  Appropriate Nebraska Administrative certificate.
  3. Experience desired:  Five years of successful experience in personnel administration; three years preferred.
  4. Other requirements:  Experience, maturity and leadership abilities in appropriate facets of school administration; the ability to select, supervise and evaluate the work of others, and the ability to evaluate and manage the personnel function of the school district.

Special Requirements:

Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.

Date of Adoption
May 20, 1996
Date of Revision
September 21, 1998
July 12, 1999
June 5, 2000
November 1, 2004
June 6, 2005
November 6, 2006
January 19, 2008
July 11, 2011
April 21, 2014
April 17, 2017

2100.09: Assistant Superintendent for Leadership, Planning and Evaluation

2100.09: Assistant Superintendent for Leadership, Planning and Evaluation holly Wed, 06/26/2019 - 16:18

 

Title: Assistant Superintendent for Leadership, Planning, and Evaluation

Reports to: Superintendent

General Summary: The Assistant Superintendent for Leadership, Planning, and Evaluation is responsible for the successful leadership and management of the District according to the vision and direction set by the Superintendent and District Strategic Plan. 

Essential Functions:

I. Develops, coordinates, and implements the District plan for site-based planning. (15%)

II. Directs the continuous improvement process for the District including NE Framework Accreditation and serves as internal facilitator for the District strategic planning process. (5%)

III. Organizes, implements and supervises administrator professional development and the District leadership programs (e.g. Leadership Academy, Principal Institute, Superintendent Internships) (5%)

IV. Directs the development and implementation of all District policies and supports the Board of Education as requested by the Superintendent. (5%)

V. Supervises the Director of Staff Development & Instructional Improvement, the Executive Director of Assessment, Research and Evaluation, and assigned principals. (10%)

VI. Coordinates the audit processes and manages the NDE Portal (1%) 

VII. Attends all School Board, Executive Committee and Cabinet Meetings and prepares such reports for the Board as the Superintendent may request. (5%) 

VIII. Develops school calendar and coordinates high school graduation. (1%)

IX. Directs the District CADRE Program. (3%)

X. Coordinates the Superintendent’s Business, Parent & Service Advisory Committees and directs other special projects as assigned. (5%)

XI. Directs the administrator evaluation program, coordinates the principal supervisor process, and supervises the administration of the teacher evaluation program. (7%)

XII. Directs and facilitates the administrator induction program and supervises the administration of staff development of certificated and classified staff and new staff induction. (7%)

XIII. Supports and assists in measuring the positive climate and engagement within the District and community. (5%) 

XIV. Serves as the project manager for internal operations of the District as directed by the Superintendent. (20%)


XV. Serves as the internal project manager for District bond issues and levy overrides. (3%)

XVI. Performs other duties as assigned by the Superintendent. (5%)

Qualifications:

I. Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A six-year specialist degree in educational administration or the accepted equivalent is required. 

II. Certification or Licensure: Appropriate NE Administrative Certification required.

III. Experience desired: Five years of successful administrative experience in the area of instructional improvement, staff development, and staff evaluation is preferred; three years experience is required. Previous supervisory experience is required.

IV. Other requirements: Ability to work with individuals and groups in the development and implementation of district staff development; instructional improvement program development; implementation of site-based planning programs; and ability to compile and prepare reports.


Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. 

Responsibilities and duties assigned are at the discretion of the immediate supervisor (and/or superintendent).


Employee Signature: ______________________________Date: _________________




Supervisor Signature:  _____________________________Date: _________________

Date of Adoption
May 4, 1998
Date of Revision
September 21, 1998
February 21, 2000
April 19, 2004
September 4, 2007
October 20, 2008
September 6, 2011
April 21, 2014
August 1, 2016
July 8, 2019

2100.10: Director of Special Education

2100.10: Director of Special Education holly Wed, 06/26/2019 - 16:23

 

Reports to: Associate Superintendent for Educational Services

General Summary: Designs, develops and delivers those programs and services determined appropriate for those students with verified special needs; evaluates programs, services and personnel, as assigned.

Essential Functions:

I. Directs and assists others in the development, implementation, and supervision of programs for children with disabilities, including related services and Section 504 programs. (20%)

II. Designs and administers procedures for intervention and referral, evaluation, program development, placement, and re-evaluation of students with disabilities, utilizing appropriate processes and instruments and assuring compliance with state and federal requirements. (20%)

III. Directs the development, implementation and supervision of the school psychology program, assuring that processes and services comply with state and federal requirements. (10%)

IV. Directs the collection and submission of all federal, state and local reports on special education programs and students with disabilities utilizing available technology. (10%)

V. Directs program budget planning, which serves students with disabilities and implements the special education budget in accordance with district procedures. (5%)

VI. Acts as special education liaison with public and private agencies, organizations and professional personnel in securing and providing services for children with disabilities. (4%)

VII. Assists in the recruitment, selection and assignment of all special education personnel. (4%)

VIII. Directs the development and provision of staff development for special education personnel. (5%)

IX. Supervises and evaluates all special education administrative personnel including the assignment of areas and responsibility. (3%)

X. Evaluates building administrators as assigned by the Superintendent. (2%)

XI. Recommends policies and procedures appropriate to special education laws and operations within the District. (10%) 

XII. Attends all School Board and Cabinet meetings. (5%)

XIII. Assumes other responsibilities as assigned. (2%)

Qualifications:

I. Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A six-year specialist degree in educational administration or the accepted equivalent is required. 

II. Certification or Licensure: Appropriate NE Administrative Certification required.

III. Experience desired: Four years of successful experience in the administration of a special education program is preferred; three years is required.

IV. Other requirements: Experience and leadership abilities in the area of special education - sensitivity to the needs and objectives of the district and the ability to supervise and evaluate the work of others.

Requirements Chart


The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.


Employee Signature: ______________________________ Date: _________________


Supervisor Signature: _____________________________Date: _________________

Date of Adoption
July 21, 1980
Date of Revision
May 20, 1996
April 19, 2004
October 20, 2008
September 21, 2009
August 4, 2014
Reaffirmed
February 3, 2020

2100.11: Director of Elementary and Early Childhood Education

2100.11: Director of Elementary and Early Childhood Education holly Mon, 07/01/2019 - 10:51

 

Reports to: Associate Superintendent for Educational Services 

General Summary: Directs the planning, implementation, and evaluation of programming related to early childhood and elementary education for students birth through grade five, and its accompanying routines and activities for the school district, under the direction of the Associate Superintendent for Educational Services.

Essential Functions:

I. Coordinates the development of learner objectives, curriculum, assessments and support programs at the early childhood and elementary level and ensures PK-12 articulation. Interprets, along with building personnel, the elementary program to staff, parents, community and the Board of Education, uses student achievement data for curriculum review; provides expert assistance to district curriculum personnel related to developmentally appropriate curriculum, objectives, instruction, and materials for students in the PK-5 school. (20%)

II. Directs and serves as an advocate for early childhood education and directs the development of school based early childhood education programs (preschools, Montessori preschool, etc.); directs and develops parent and family education programs; researches current best practices in early childhood education and disseminates information; assists with development of transition plans for families and staff with the transitions from home and/or child care to school. (20%)

III. Directs the development of PK-5 education budgets; works with district grant coordinator in developing and securing grants for PK-5 programs; acts as a resource in the evaluation of staff and /or PK-5 education programs. (10%)

IV. Acts as curriculum department liaison with district, community, Nebraska Department of Education, state and metro educational organizations and state programs such as Early Childhood Special Education, Head Start, community child care programs, and Millard Public Schools Foundation education programming. (10%)

V. Works with and provides input to other departments and curriculum division members to ensure provision of a comprehensive and effective educational program that includes the integration of technology. (5%)

VI. Serves as a resource to elementary principals to ensure developmentally appropriate programming, implementing and monitoring curricular program components. (5%)

VII. Coordinates and assists with the development, implementation and maintenance of support programs: ELL, K-5 High Ability Learner, Multi-tiered Systems of Support (MTSS), Summer School and Parent Programs of Choice in the elementary schools. (5%)

VIII. Works with Leadership and Learning, building principals and MEP Facilitators to design appropriate programming for the professional growth of staff in the PK-5 schools. (10%)

IX. Attends all school board and cabinet meetings. (5%)

X. Maintains knowledge of current educational issues through reading, conference attendance, and other personal growth experiences. (5%)

XI. Supervises elementary MEP and EC support program (Early Childhood Social Worker) and evaluates accordingly. Supervises and evaluates assigned elementary principals. (2%)

XII. Coordinates and directs the Title I program in the elementary schools. (1%)

XIII. Assumes those other responsibilities related to PK-5 education as assigned by the Associate Superintendent for Educational Services. (2%)


Qualifications:

I. Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A six-year specialist degree in educational administration or the accepted equivalent is required.

II. Certification or Licensure: Appropriate NE Administrative Certification required

III. Experience desired: Teaching experience in elementary and/or early childhood is required. Experience with family education and early childhood care is desired. Previous supervisory experience is required.

IV. Other requirements: Strong oral and written communications skills. 

Requirements Chart


The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.
 

Date of Revision
March 18, 1991
May 20, 1996
April 19, 2004
October 20, 2008
November 21, 2016
April 1, 2024

2100.12: Executive Director of Assessment

2100.12: Executive Director of Assessment holly Mon, 07/01/2019 - 10:56

 

Reports to: Assistant Superintendent for Leadership, Planning & Evaluation

General Summary: Directs the data center, assessment, research, and evaluation for the District to facilitate improvement in the educational programs and services of the District.

Essential Functions:

I. Coordinates the development, implementation and review of district-wide assessments and data analysis for norm-referenced and criterion-referenced assessment, district and state assessments, and measures of national and international academic achievement. (20%)

II. Coordinates district evaluation activities (e.g., strategic and site planning, school recognition programs, curriculum and instruction programs) as assigned by the Superintendent. (5%)

III. Evaluates district programs to determine effectiveness and provides summary reports on district evaluation activities to the Millard Board of Education as directed by the Superintendent. (5%)

IV. Provides advice and technical assistance in research design and program evaluation, and reports data and provides statistical analysis and recommendations. (10%)

V. Conducts assessments and surveys based on district-identified needs. (5%)

VI. Develops and implements ongoing professional learning staff development and in-services to train staff and administrators on assessments and data analysis. (5%)

VII. Receives, evaluates, and approves all proposals to conduct research in the Millard Public Schools as submitted by staff or outside organizations, agencies, or individuals. Proposals will be referred to appropriate parties for review and recommendation. (5%)

VIII. Maintains and provides student data, provides appropriate feedback to administrators and staff, and submits reports to the federal and state government, and other agencies. (10%)

IX. Attends all School Board and Cabinet meetings. (5%)

X. Oversees the District data center, including the Student Information System (SIS). (20%)

XI. Collaborates with various departments on projects or initiatives and advises on the appropriateness relative to data governance, integrity of data, and overall best practice within the use of data. (5%)

XII. Performs other duties as assigned by the Superintendent. (5%)

Qualifications:

I. Education Level: A doctoral degree from an approved institution with a major in educational administration, educational psychology, or the accepted equivalent is preferred.

II. Certification or Licensure: Nebraska Administrative Certification preferred but not required.

III. Experience desired: Five years of successful experience in administration with experience in planning, research and evaluation is preferred. Three years of experience is required.

IV. Other requirements: Leadership skills in the following areas: planning, research, assessment, and evaluation; ability to work with other administrators and ability to assess the needs of the district.


Requirements Chart

Date of Adoption
June 27, 1989
Date of Revision
July 21, 1997
September 21, 1998
September 13, 1999
April 19, 2004
September 4, 2007
September 15, 2008
March 1, 2010
September 6, 2011
August 1, 2016
July 12, 2021
June 5, 2023

2100.13: Executive Director of Activities, Athletics and External Engagement

2100.13: Executive Director of Activities, Athletics and External Engagement holly Mon, 07/01/2019 - 11:06

 

Reports to: Superintendent General Summary: Directs and evaluates those programs and services in the areas of district activities, athletics, District’s School-Community use of Facilities Program, directs governmental affairs, Partners for Education, special projects and its accompanying routines for the school district, under the direction of the Superintendent. 

Essential Functions:

I. Evaluates administrators as assigned by the Superintendent. (5%)

II. Oversight of the Clarke Community Initiative Program. (5%)

III. Designs and implements the business/school partnership. (5%)

IV. Directs and evaluates all district drama, musical, athletic and school organization activities and contests. (4%) 

V. Directs school-community use of facilities. (10%) 

VI. Assists in the selection, employment, assignment and evaluation of coaching personnel and activities sponsors. (5%) 

VII. Assists in the Accounting for all monies handled in the district activities and athletic program in accordance with prescribed local and state procedures. (3%) 

VIII. Cooperates with the Director of Communication in the dissemination of information to the public regarding athletics and activities programs. (3%) 

IX. Facilitates district communications among and between schools. (32%) 

X. Assists in the development of Board policies related to district activities, athletics, and use of facilities. (2%) 

XI. Updates and maintains district activity and athletic guidelines. (5%) 

XII. Prepares program budget request for all areas of the district activities and athletics. (2%) 

XIII. Assists in establishing and maintaining positive relations and advancing strategic projects with civic, professional, philanthropic, service, business, and parent organizations and the community in general. (10%) 

XIV. Serves as a liaison to those building administrators responsible for the operation of the co-curricular and extracurricular programs. (15%) 

XV. Acts as official representative for Millard Public Schools with the Nebraska School Activities Association (NSAA) and metro conference. (5%) 

XVI. Evaluates, plans, and budgets for facilities improvements including working with district maintenance and support services representatives to assure appropriate maintenance, and project planning of athletic facilities and fields. (10%) 

XVII. Attends all School Board, Executive Committee and Cabinet Meetings and prepares such reports for the Board as the Superintendent may request. (5%) 

XVIII. Performs other duties as assigned by the Superintendent. (2%) 

Qualifications:

i. Education Level: A six-year ed. specialist degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A master’s degree from an approved institution with a major in educational administration or the accepted equivalent required. 

ii. Education Level: Appropriate Nebraska Administrative Certificate preferred. 

iii. Education Level: Four years of successful experience in administration with experience in directing athletics and activities preferred; three years of successful administration experience required. 

iv. Other requirements: Leadership skills in the area of administration, management and evaluation - sensitivity to the needs and objectives of the school and the district. 

Requirements Chart


The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and building principal (or superintendent). 

Date of Adoption
March 7, 2005
Date of Revision
November 21, 2011
April 21, 2014
April 17, 2017
June 5, 2023

2100.14: Director of Student Services

2100.14: Director of Student Services holly Mon, 07/01/2019 - 11:09

 

Reports to: Associate Superintendent for Human Resources

General Summary:  Designs, develops, implements and evaluates those programs and services in the areas of student health care, response counseling services, social work services, and student safety; directs those student services related to student enrollment, placement, attendance, records, suspension and expulsion, and the development or modification of appropriate student service policies.

Essential Functions:

  1. Designs, directs, and evaluates student health services.  (10%)

  2. Develops, coordinates, and supervises counseling and social work response services.  (10%)

  3. Develops, directs, and implements the District security programs protocols, and procedures. (10%)

  4. Administers and supervises procedures for enrollment, transfer and placement of students within the school system, as per law, regulation, and board policy.  (18%)

  5. Administers and supervises the student attendance programs protocols, and procedures.  (3%)

  6. Directs the development and implementation of all procedures regarding the collection, maintenance and dissemination of student records.  (6%)

  7. Develops, directs, and implements procedures for student behavior management and discipline within the district.  (17%)

  8. Administers and supervises the District crisis team.  (2%)

  9. Prepares budget requests for all of the student service areas and monitors budgetary expenditures.  (2%)

  10. Serves as a liaison with community organizations and agencies related to student services. (2%)

  11. Recommends selection and assignment of student services staff.  (2%)

  12. Works with others in the identification and provision of those staff development activities deemed appropriate.   (2%)

  13. Evaluates student services staff in accordance with District staff evaulation procedures.  (2%)

  14. Assists with the development of board policies related to student services.  (3%)

  15. Develops, directs, and implements District drug prevention programs.  (2%)  

  16. Attends all School Board and Cabinet meetings.  (5%)

  17. Performs any other duties as assigned by the Executive Director for Human Resources.  (2%).

  18. Evaluates administrators as assigned by the Superintendent.  2%

Qualifications:

1. Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A six-year specialist degree in educational administration or the accepted equivalent is required.

2. Certification or Licensure:  Appropriate Nebraska Administrative Certificate.

3. Experience desired:  Four years of successful experience in administration with experience in student personnel services or guidance counseling; three years experience is required.

4. Other requirements:  Ability to supervise student services, sensitivity to needs of students and objectives of the school district - able to work with parents, administrators and teachers.

Requirements Chart

 

 

Date of Adoption
July 21, 1981
Date of Revision
May 20, 1996
April 19, 2004
March 7, 2005
September 21, 2009
September 6, 2011
August 4, 2014
September 8, 2020

2100.16: Director of Secondary Education

2100.16: Director of Secondary Education holly Mon, 07/01/2019 - 11:17

 

Reports to:  Associate Superintendent for Educational Services

General Summary:  Directs the planning, implementation, and evaluation of programming related to secondary education for students’ grades 6 through 12, and it's accompanying routines and activities for the school district, under the direction of the Associate Superintendent for Educational Services.

Essential Functions:

    I.    Assists the Associate Superintendent in the development of the program model to be utilized in the planning, development and evaluation of curriculum in the district. (5%) 

   II.    Develops and coordinates processes and procedures which will ensure the articulation of Pre-K-12 programming where possible and/or appropriate. (5%)

  III.    Coordinates the development and utilization of learner outcomes, assessment analysis, intervention models, and progress monitoring in the secondary program. (5%)

  IV.    Assists in the evaluation of the curricular program and materials and makes appropriate recommendations concerning their use. (3%)

   V.    Directs the coordination of the ELL program in the secondary schools. (3%)

  VI.    Works with building administrators, the Director of Leadership & Learning, C&I MEP facilitators, and secondary department heads to coordinate the work of building instructional teams. (3%)

 VII.    Assists in the development of a leadership-training program for secondary administrators, curriculum specialists, department heads, building level instructional teams and other fulfilling positions designed to further secondary education in the district. (1%)

VIII.    Serves as a resource to secondary administrators in understanding and implementing the program components so that building-level (site-based) administration can assume responsibility for the programs in their respective buildings. (2%)

   IX.   Serves as a resource to secondary administrators to ensure appropriate curricular and instructional  programming for all students. (3%)

    X.   Works cooperatively with other departments (i.e., human resources, business, DARE, Leadership & Learning) to ensure the provision of both a comprehensive and effective educational program. (2%)

   XI.   Directs the coordination of the High Ability Learner program in the secondary schools. (3%)

  XII.   Works with, and provides input to special program personnel (technology, media, student services, SPED, ELL, etc.) in issues related to secondary education. (2%)

 

 XII.   Interprets, along with building personnel, the secondary program to staff, parents, community and the Board of Education. (3%)

 

  XIV.  Works with the Director of Leadership & Learning and other appropriate personnel in designing appropriate programming for the professional growth of staff in the secondary schools. (3%)

   XV.  Maintains knowledge of current educational issues through reading, conference attendance and other  personal growth experiences. (3%)

  XVI. Works closely with those who serve as content leaders for the District (i.e., curriculum - C&I MEP facilitators, specialists, department heads, interventionists) or who provide support as a resource to the building program (i.e., grants writer, coordinators) and evaluates accordingly. (18%)

 XVII. Directs the Coordinator of Secondary Programs in developing and implementing academies for high school students. (2%)

XVIII. Coordinates the development and implementation of Advanced Placement® and dual enrollment courses while providing resources and required training for teachers. (2%)

  XIX.  Assists in the evaluation of administrators as assigned by the Superintendent of Schools.   (8%)

   XX.  Assists others in the design and development of those programs serving students outside of the normal school structure (i.e. night school, Credit Recovery. Keith Lutz Horizon High School, school-community programs). (3%)

  XXI.  Serves as a resource to building-level administrators in areas identified by the Superintendent or designee. (3%)

 XXII.  Develops and recommends the budget necessary to operate the secondary education program. (5%)

XXIII.  Reports to the Associate Superintendent, the Office of the Superintendent, and the Board of Education on a regular basis as it regards the progress or problems encountered at the secondary level. (3%)

XXIV.   Attends all school board and cabinet meetings. (5%)

 XXV.   Acts as Educational Services liaison with district, community, university systems, and state programs. (2%)

 XXVI. Assumes those other responsibilities relating to secondary education as assigned by the Associate Superintendent for Educational Services. (3%)

Qualifications:

        I. Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A six-year specialist degree in educational administration or the accepted equivalent is required.

       II.  Certification or Licensure: Appropriate Nebraska Administrative Certificate.
    
      III.  Experience desired: Four years of successful administrative experience in the area of curriculum.

      IV.  Other requirements: Strong leadership and planning skills. Possession of good oral and written communications skills.

Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor and building principal (or superintendent).

Date of Adoption
March 18, 1991
Date of Revision
May 20, 1996
May 21, 2001
April 19, 2004
March 7, 2005
October 20, 2008
November 21, 2016
April 1, 2024

2100.17: Executive Director of Technology

2100.17: Executive Director of Technology holly Mon, 07/01/2019 - 11:22

 

Reports to: Associate Superintendent for Educational Services

General Summary:  Provide leadership, direction and planning for technology services to include academic computing, administrative computing, video systems, and telecommunication systems, telephone (digital and analog), and data circuits, necessary to support all facets of district operation, including instruction and administration.  Direct and evaluate employees in the Technology Department. Communicate effectively; interpret policy, procedures, and data; and coordinate district functions.  Work closely with all department heads and directors to assure joint planning and decision-making.  Prepare and administer departmental and capital budgets.

Essential Functions:

I. Oversee the District’s Wide Area Network/Local Area Network infrastructures, data networks, telephony systems, cybersecurity measures, Internet filtering, server infrastructure (on-prem & cloud), and e-mail system.  (15%)

II. Directs and evaluates the Director of Digital Learning, District Technology Manager, Library Services Department Head, building principals as assigned, and Technology Division staff members.  Provide direction, supervision, and administration for the Technology Division’s staff and assists with the recruitment and assignment of personnel to ensure that programs achieve their purposes.  (15%)

III. Provide required administrative and technical support for curriculum, staff development and instructional technology components.  (10%)

IV. Research, evaluate, and make recommendations for hardware and software for the District instructional technology program. (10%)

V. Develop and maintain information systems plans and implement technology strategies to ensure that the information systems support current and future district technology needs. (10%)

VI. Communicate and support expectations that are consistent with district objectives, and employ an effective communication process that includes listening to all constituents.  (10%)

VII. Develop (as necessary), maintain, and utilize appropriate information systems and records necessary for attainment of the school’s/district’s and overall school improvement efforts.  (5%)     

VIII. Direct and/or coordinate the development of specifications for the procurement of hardware, software, telecommunications and support services required to support district operations and planned projects.  (5%)

IX. Oversee all purchasing, ordering, receiving, and installation of hardware and software for the District instructional technology program, while ensuring programs are cost effective and funds are managed prudently.  (5%)

X. Prepare and administer departmental and capital budgets as required, compile budgets and cost estimates based upon documented program needs and determine the fiscal needs of programs and ensure that fiscal resources appropriately address these needs and conform to the mission of the school district.  (5%)

XI. Serve as a principal interface with designated outside service providers and represent the District at appropriate local, state, and national functions. (5%)

XII. Responsible for reviewing and updating the 7000 series Board of Education policies for MPS. (2%)

XIII. Attends Board of Education and Cabinet meetings as required. (2%)

XIV. Other duties as assigned by the Superintendent. (1%)  


Qualifications:

1. Education Level: Doctorate degree preferred, Master’s degree (or equivalent) in Educational Administration, Computer Science, Management Information Systems, Business or related field required.

2. Certification or Licensure: None required; however, candidates with either technical certificates or with educational administrative certificates preferred.

3. Experience desired: Five to seven years management or administrative experience in technology. Advanced experience in Computer Science or School Management Information Systems preferred. Advanced experience in public school educational environment preferred. Substantial recent experience in managing complex information technology resources involving highly skilled professional personnel. 


4. Other requirements: Knowledge of the latest hardware, software, and communications technologies utilized in a public school or education environment preferred. Ability to coordinate major technology projects. Strong organization, communication, and interpersonal skills. Willingness to execute written employment contract with Millard Public Schools.

Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.

Date of Adoption
September 25, 2000
Date of Revision
August 5, 2002
September 4, 2007
August 4, 2014
April 17, 2017
April 15, 2024

2100.18: Director of Employee Relations

2100.18: Director of Employee Relations holly Mon, 07/01/2019 - 11:26

 

Reports to: Associate Superintendent of Human ResourcesGeneral Summary: Supports the educational programs and services of the District by developing and administering those phases of the personnel program which include: record keeping, contracts, compensation/benefit programs, and assists with assignment and evaluation of all employees.

Essential Functions:

I. Administers the employee compensation and benefits program for the District. (50%)

II. Coordinates the employee database and records for Human Resources and serves as liaison to business office and payroll. (10%)

III. Interprets existing personnel policies and regulations to staff members and makes recommendations concerning formulation of policies and regulations. (5%) 

IV. Advises regarding evaluation and discipline of employees, including coordination of due process requirements. (10%)

V. Assists with investigation of internal and external complaints, including complaints of unlawful discrimination and unlawful harassment. (5%)

VI. Coordinates the submission of all state and federal personnel reports. (5%)

VII. Coordinates the development and communication of employment information related to District personnel, including collective bargaining agreements and employee wage/benefits summaries. (6%)

VIII. Attends all Board of Education and Cabinet meetings. (3%)

IX. Assists in the preparation and administration of the human resources budget. (1%)

X. Other duties as assigned by the Superintendent. (5%)

Qualifications:

1. Education Level: A doctoral degree is preferred; a master’s degree is required. 

2. Experience desired: Four years of successful experience in personnel administration is preferred, three years is required. 

3. Other requirements: Ability to work with individuals and groups in the development and implementation of the District’s compensation and evaluation programs; ability to compile and prepare reports, and project staff needs of the District. 

Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and Superintendent.

 

Date of Revision
March 18, 1991
May 20, 1996
September 21, 1998
June 5, 2000
April 19, 2004
November 6, 2006
September 4, 2007
January 19, 2015
May 1, 2017

2100.19: Director of Personnel

2100.19: Director of Personnel holly Mon, 07/01/2019 - 11:35

 

Reports to:  Associate Superintendent of Human Resources

General Summary: Supports the educational programs and services of the District by developing and coordinating those phases of the personnel program which include: recruitment, selection, assignment, retention and evaluation of staff, data processing, record keeping, contracts and certification.

Essential Functions:

  1. Coordinates the recruiting, interviewing, selecting, assigning, retaining, evaluating, and dismissing of teachers, professional/technical staff, paraprofessionals, secretaries, custodial/maintenance, food service, substitute teachers and other assigned staff.  (50%)

  2. Assists in determining the personnel needs for the District.  Maintains contact with all departments and schools in planning and anticipating personnel needs of the school program.  (5%)

  3. Supervises and evaluates the work of principals and other staff as assigned by the superintendent. (5%)

  4. Coordinates the tracking of employee retention. (5%)

  5. Coordinates employment contracts, and teacher certification including alternative certification methods and programs.  (5%)

  6. Assists with the submission of all district, state and federal personnel reports. (5%)

  7. Develops, maintains and updates the Human Resources web page, online application process, and on-line staff evaluation process. (5%)

  8. Attends all Board of Education and Cabinet meetings. (5%)

  9. Assists the Director of Employee Relations in the Human Resource Information Systems. (3%)

  10. Assumes other responsibilities delegated by the Associate Superintendent of Human Resources. (5%)

  11. Assists in the supervision of teacher and paraprofessionals substitutes, as well as day-to-day assignments.  (5%)

  12. Assists in the training of cooperating teachers.  (1%)

Other duties as assigned by the Superintendent. (1%)

Qualifications:

1. Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred; a six-year specialist degree is required.  

2. Certification or Licensure: A Nebraska Administrative and Supervisory Certificate with the appropriate endorsement.

3. Experience desired:  Four years of successful experience in personnel administration is preferred, three years of administrative experience is required.  

4. Other requirements: Ability to work with individuals in the development and implementation of district recruitment and selection program and to prepare reports and project staff needs of the district.

Requirements Chart

 

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.

Date of Adoption
June 5, 2000
Date of Revision
April 19, 2004
September 4, 2007
September 15, 2008
March 16, 2009
September 6, 2011
May 5, 2014
October 10, 2022

2100.20: Director of Digital Learning

2100.20: Director of Digital Learning holly Mon, 07/01/2019 - 11:41

 

Reports to:  Executive Director of Technology

General Summary:  The Director of Digital Learning will work collaboratively with others to plan, organize, and provide leadership in the area of technology integration as well as matters related to access control and video management systems within the District.

Essential Functions:

  1. Leads the District in the planning and implementation of its One-to-One program and other digital learning initiatives.(25%)

  2. Collaborates with appropriate District personnel to develop policy and procedures that allow for the use of digital devices and resources within curriculum and instruction. (5%)

  3. Collaborate with elementary and secondary education in the use of interactive tools and technology throughout the MEP curriculum cycle to support differentiated instruction and improve learning and innovation. (5%)

  4. Coordinates staff development for identified digital tools, digital instructional resources, and targeted technology integration. (5%)

  5. Provides leadership and support for the use of digital devices and related resources in lieu of traditional print materials. (5%)

  6. Participates in all budget processes, coordinates federal and state funding sources, and actively pursues other funding sources related to his/her job responsibilities. (5%)

  7. Maintains an active awareness of emerging information, trends, and applications for technology and learning and knowledge of current educational issues. (5%)

  8. Collaborates with others in the design and construction of the District’s facility control access and video management projects. (5%)

  9. Manages the District’s security access control and video management systems including, but not limited to: (25%)

    a.    Electronic card reader systems and related locking devices
    b.    Setting and maintaining credential access standards and rules
    c.    Video/Audio controlled access devices (“Door Intercom”)
    d.    Surveillance cameras and video archive servers
    e.    After-hour intrusion alarms and central monitoring station Locking/unlocking schedules and alarm monitoring during school hours in accordance with the          District’s safety and security plan 
    f.    Maintenance/replacement/upgrading of security hardware and systems
  10. Shall be responsible for communicating with and training of District staff regarding access control and video management systems. (5%)

  11. Attends all school board and cabinet meetings. (3%)

  12. Assists in the evaluation of building administrators as assigned by the Superintendent of Schools. (3%)

  13. Assumes other responsibilities as assigned by the Superintendent or his/her designee. (4%)

Qualifications:

1.  Education Level: A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A Master’s degree in educational administration or the accepted equivalent is required.

2.  Certification or Licensure:  Appropriate Nebraska Administrative Certificate.

3.  Experience desired:  Four years of successful administrative experience.

4.  Other requirements:  Strong leadership, communication and planning skills.

Contract Days: 12 Months

Salary Schedule: Administrative

Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor and/or superintendent.

 

Date of Adoption
February 2014
Date of Revision
January 6, 2020

2100.21: Director of Communications

2100.21: Director of Communications holly Mon, 07/01/2019 - 11:44

 

Reports to:  Superintendent of Schools

General Summary: Plans and conducts the District’s communications and marketing programs designed to support the educational programs and services of the District by keeping the staff, students, parents, and public informed of the District’s news, programs, events, accomplishments, and point of view. Prepares and distributes messages, letters, texts, phone calls, fact sheets, news releases, photographs, and audio/video recordings to the Millard community, the public, media representatives and others who may be
interested in learning about the District’s programs and services. Oversees the District’s websites, apps, social
media channels and other forms of electronic communication.

Essential Functions:

  1. Supervises and coordinates the preparation of school district publications, ensuring quality.  (10%)

  2. Assists the Board of Education in setting, implementing and evaluating communications public relations/marketing goals.  (10%)

  3. Serves as liaison between the district and the news media. Produces and distributes news releases including all print and audio/visual materials and organizes news conferences.  (20%)

  4. Serves as a consultant in the preparation and production of informational materials prepared by school personnel.  (10%)

  5. Plans and designs communication strategies to inform the public about specific opportunities, challenges or situations.  (10%)

  6. Plans and designs effective district promotion through the use of websites, social media, and apps.  (10%)

  7. Serves as a source of information about the schools to individuals and groups from the community.  (10%)

  8. Is accountable for a communication audit and analysis on a regular basis.  (10%)

  9. Attends all School Board, Executive Committee and Cabinet Meetings and prepares such reports for the Board as the Superintendent may request.  (5%)

  10. Assumes other responsibilities assigned by the superintendent.  (5%)

Qualifications:

  1. Education Level:  Bachelor’s degree with a major in marketing, communications, public relations or journalism; a Master’s degree is preferred.

  2. Certification or Licensure: N/A

  3. Experience desired:  Successful experience in marketing communications, or public relations.

  4. Other requirements:  Ability to work with news media in the development of school-related stories.  Ability to develop and implement public relations goals.  Ability to work with principals in meeting specific school public relations needs.  Demonstrates excellent writing skills.  Demonstrates good organizational skills.

Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor.

Date of Adoption
May 1, 1995
Date of Revision
July 21, 1997
September 21, 1998
April 19, 2004
October 20, 2008
May 7, 2012
April 21, 2014
April 20, 2020

2100.22: Coordinator of Special Education

2100.22: Coordinator of Special Education holly Mon, 07/01/2019 - 11:47

 

Reports to:  Director of Special Education

General Summary: Assists in the design, development and delivery of special education programs and services for PK-21 students with disabilities.  The Special Education Coordinator assists the Director of Special Education with staffing, budgeting, data collection and reporting, staff development, and program implementation and evaluation for identified special education buildings/levels/programs.

Performance Responsibilities:

  1. Collaborates with administrators and staff to provide leadership and support to programs for students with disabilities for identified buildings/levels/special education programs. (10%)

  2. Assists in the coordination and implementation of Multi-Disciplinary and Individual Education Program procedures, assuring that processes result in appropriate programs and placement options for students with disabilities at identified buildings/levels/special education programs. (10%)

  3. Conducts reviews of assigned special education documents so as to ensure compliance with district procedures, state, and federal laws. (8%)

  4. Assists building staff with the identification and implementation of scientific, research-based instructional interventions, service delivery models, specialized materials and other appropriate supports for students with disabilities to enable them to progress in the District adopted curriculum and meet district and state standards. (13%)

  5. Assists with maintaining a continuum of service delivery options for students with disabilities in the least restrictive environment, including the provision of related services as appropriate. (12%)

  6. Is responsible for assuring students with disabilities at assigned buildings/levels/special education programs participate in State/District assessments as required, receive the appropriate assessment accommodations, and that District guidelines and procedures are followed. (5%)

  7. Is responsible for ensuring program and level transition processes, transportation, extended school year/continuous year services, and Child Find for students with disabilities at identified buildings/levels/special education programs. (7%)

  8. Collaborates with building and district administrators, other special education coordinators, and others as necessary to provide a staff development program for special education staff (certificated and classified) staff at identified buildings/levels/special education programs. (5%)

  9. Assists in communicating with parents and staff members regarding evaluation, programming, placement, services and rights of students with disabilities. (5%)

  10. Assists with the recruitment, selection, and evaluation of special education staff at identified buildings/levels/special education programs. (5%)

  11. Assists in the preparation of federal, state and local reports on special education under the direction of the Director of Special Education. (5%)

  12. Assists the Director of Special Education with budget development and implementation for identified buildings/levels/special education programs. (5%)

  13. Assists with the implementation of data collection processes and assists in verifying data accuracy using available technology. (5%)

  14. Assumes responsibility for own professional growth and development; for keeping current with the literature and new research findings; and for attending appropriate professional meetings and conferences. (2%)

  15. Assumes other responsibilities as delegated and assigned. (3%)

Preferred Qualifications:

  1. A six-year educational specialist degree from an approved institution, with required course work in special education.

  2. Appropriate Nebraska Administrative Certificate.

  3. Four years of successful administrative experience in the area of special education.

  4. Experience and leadership in special education administration.

Required Qualifications:

  1. A master's degree from an approved institution with a major in special education.

  2. Appropriate Nebraska Administrative Certificate.

  3. Four years of successful teaching experience in the area of special education.

  4. Experience and leadership abilities in appropriate facets of school administration; sensitivity to the needs and objectives of the District.

Requirements Chart

 

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the supervisor.

Date of Adoption
August 5, 2002
Date of Revision
March 7, 2005
September 4, 2007
May 5, 2008
September 15, 2008
September 21, 2009
February 6, 2012
Reaffirmed
August 19, 2019

2100.23 Director for Strategic Projects and External Affairs

2100.23 Director for Strategic Projects and External Affairs jmcarson1 Fri, 06/09/2023 - 12:27

 

Reports to: Superintendent

General Summary: Assists with the implementation of the District Strategic Plan and other projects prioritized by the Superintendent.  Facilitates external affairs for the School District.

Essential Functions:

I. Directs the District’s legislative lobbying efforts. (15%)

II. Assists with the implementation of the district strategic plan and other district priority initiatives as determined by the Superintendent. (30%)

III. Assists with program evaluation and makes recommendations for related continuous improvement. (5%)

IV. Evaluates administrators as assigned by the Superintendent. (10%)

V. Facilitates connections and collaboration with other political subdivisions, governmental entities, and elected officials. (15%)  

VI. Attends all School Board, Executive Committee, and Cabinet Meetings and prepares such reports for the Board as the Superintendent may request (5%). 

VII. Assists with the planning and attends advisory group meetings as established by the Superintendent. (5%)

VIII. Assists in establishing and maintaining positive relations with civic, professional, business, and the community in general.  (10%)

IX. Develops and administers budgets to support governance and other strategic projects assigned. (1%)

X. Performs other duties as assigned. (4%)

Qualifications:

i. Education Level: A six-year ed. specialist degree from an approved institution with a major in educational administration or the accepted equivalent is preferred. A master’s degree from an approved institution with a major in educational administration or the accepted equivalent required.

ii. Education Level: Appropriate Nebraska Administrative Certificate preferred.

iii. Education Level: Four years of successful experience in administration with experience in program planning preferred; three years of successful administration experience required.

iv. Other requirements: Leadership skills in the area of administration, management and evaluation - sensitivity to the needs and objectives of the school and the district.

Requirements                                                                                        

 

 

 

Date of Adoption
June 5, 2023

2100.28: Director of Professional Learning

2100.28: Director of Professional Learning holly Mon, 07/01/2019 - 11:55

 

Reports to: Assistant Superintendent for Leadership, Planning and Evaluation

General Summary: The Director of  Professional Learning works collaboratively to coordinate and provide continual learning opportunities for all staff and to ensure the teacher evaluation program is monitored, evaluated, and fully implemented. 


Essential Functions:

I.    Directs and evaluates the certificated staff evaluation program and supports the Human Resource Department with instructional support for Intensive Assistance plans.  (15%)

II.    Supports all principals, teachers and District-level personnel in the planning, developing and implementing of professional learning activities to ensure that the professional learning of certificated and classified staff are determined to adequately support the Millard Education Program, Strategic Plan, federal and state mandates, and job training needs.  ( 25%)

III.    Directs the new certificated staff induction program.  (20%)

IV.    Directs the Instructional Coaching programs within the district. (18%) 

V.    Supervises and evaluates the work of principals and other staff as assigned by the Superintendent. (5%)

VI.    Develops and administers budgets to support the comprehensive  professional learning plan.  (4%)

VII.    Identifies needs for credit courses and works with administrators of colleges and universities and E.S.U. to provide college credit courses and programs within the District.  (1%)

VIII.    Serves as a liaison between the District and other local, state and national educational agencies in the development, coordination and implementation of programs for professional learning.  (2%)

IX.    Performs such other tasks and assumes such other responsibilities as the Assistant Superintendent for Leadership, Planning and Evaluation may assign.  (5%)

X.    Attends all board of education and Superintendent cabinet meetings. (4%)

XI.    Other duties as assigned by the Superintendent. (1%)

Qualifications:

I.    Education Level:    A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred.  A six-year specialist degree in educational administration or the accepted equivalent is required.    

II.    Certification or Licensure:    Appropriate Nebraska Administrative Certification required.


III.    Experience desired:  Five years of successful administrative experience in the area of instructional improvement, professional learning, and staff evaluation is preferred; three years experience is required.  Previous supervisory experience is required.

IV.    Other requirements:  Ability to work with individuals and groups in the development and implementation of a district professional learning and instructional improvement program; ability to compile and prepare reports.
 

Requirements Chart

Date of Adoption
May 4, 1998
Date of Revision
September 21, 1998
February 21, 2000
April 19, 2004
September 4, 2007
October 20, 2008
September 6, 2011
May 5, 2014
August 1, 2016
September 6, 2022

2100.32 Director of Recruitment and Retention

2100.32 Director of Recruitment and Retention jmcarson1 Tue, 10/24/2023 - 15:51

 

Reports to: Associate Superintendent of Human Resources    

General Summary: Reporting to the Associate Superintendent of Human Resources, the Director of Recruitment and Retention collaborates with all hiring managers and building administration throughout the District to develop and implement strategic long-range recruitment plans that support the Mission of Millard Public Schools (MPS).  This position provides leadership in developing and executing human resources strategies in support of the overall strategic direction of MPS; specifically in the areas of talent acquisition, retention, and succession planning.

Essential Functions:

1.    Works with hiring managers and building administrators to develop and implement proactive and creative recruitment strategies/tools to attract, recruit, and attain highly preferred job candidates.  (20%)    

2.    Assists in interviewing, selecting, and assigning teachers, paras, professional/technical and other assigned       staff members.  (15%)

3.    Responsible for meeting established recruitment goals and objectives while maintaining and developing
    attrition and succession plans. (10%)

4.    Assists the Director of Personnel in the areas of evaluating and dismissing teachers, professional/technical staff, paraprofessionals, secretaries, custodial/maintenance, food service, substitute teachers and other assigned staff. (10%)

5.    Manages and coordinates all aspects of the Student Teaching Program and collaboration with Student Education Academy Program. (10%)

6.    Manages and coordinates all aspects of the Substitute Teacher Program as well as long-term substitute teacher placements. (5%)

7.    Attends and/or coordinates recruitment functions such as job fairs, career days and/or other events to find qualified candidates for all job classes. (5%)

8.    Develops and maintains relationships with all Department Managers/Principals. (5%)

9.    Attends all Board of Education and Cabinet Meetings. (5%)

10.    Assists with Human Resources department reporting obligations.  (5%)

11.    Coordinates the selection and assignment of summer school staff.  (5%)

12.    Assumes other responsibilities delegated by the Associate Superintendent of Human Resources. (5%)    
 

Length of contract: 12-month

Qualifications: 

1.    Education Level:  A doctoral degree from an approved institution with a major in educational administration or the accepted equivalent is preferred; a six-year specialist degree is required.

2.    Certification or Licensure:  A Nebraska Administrative and Supervisory Certificate with the appropriate endorsement.

3.    Experience desired: Three years’ experience in recruiting, interviewing, assigning, and evaluating people.

4.    Other requirements:  Ability to work with individuals in the development and implementation of district recruitment and selection program and to compile and prepare reports.    
Requirements

 

Date of Adoption
October 9, 2023

2100.35: Coordinator of Special Programs

2100.35: Coordinator of Special Programs holly Mon, 07/01/2019 - 13:11

 

Reports to: Director of Elementary Education

General Summary: Coordinates Educational Services special programs, including but not limited to, the Core Knowledge Program, Montessori Program, International Baccalaureate Programmes, English Language Learner Program, RtI+I plans for students who have not yet met district assessment performance standards and/or are in intervention, and K-12 summer school. 

Essential Functions:

Coordinates and facilitates communication about the Core Knowledge Program, International Baccalaureate, and the Montessori Program with the District and to the community. (5%)

Assists the Montessori, Core Knowledge, and International Baccalaureate leadership teams by providing instructional and training support for the programs so that they can effectively supervise staff and maintain program integrity. (10%)

Coordinates the development, and monitors the implementation of, the RtI+I plans and budgets within Building Learning Plans developed for the purpose of reteaching and intervention for students who have not yet met the district assessment performance standards. (3%)

Coordinates the implementation, maintenance, and reporting of the Rule 4 textbook loan program. (3%)

Coordinates, implements, and oversees the organization, communication of and hiring for elementary, middle, and high school summer school. Generates reports as needed. (27%)

Facilitates communication between buildings and/or levels for the International Baccalaureate Programmes, Montessori, and Core Knowledge. (4%)

Assists building leadership teams with the Mini-Magnet development and implementation procedures as outlined in policy 10,001.1. (5%)

Coordinates program activities as required by NDE Rule 15 and described in Title III for English Language Learners and ensuring effectiveness, continuity, and relevance of the programs for students. (10%)

Assists in communicating with parents regarding evaluation, programming, placement, services and rights of English language learners. (5%)

Assists in the coordination of transportation as articulated in the Limited English Proficiency and Poverty Plans. (3%)

Conducts research related to instructional improvement and increased achievement outcomes for English Language Learners and students of poverty; interprets data to make program decisions; assists building data teams. (5%)

Coordinates program development consistent with the established budget; sets priorities for materials, supplies, and equipment acquisition; assures that all expenditures follow district, state, and federal compliance guidelines. (10%)

Assists with the recruitment, selection, assignment and evaluation of teaching staff and related personnel to support parent choice programs and programs for special populations. (7%)

Assumes other special programs and projects as assigned. (3%)

Qualifications:

1. Education Level: Master’s degree from an approved institution with a major in educational administration or the accepted equivalent. 

2. Certification or Licensure: Appropriate Nebraska administrative certificate. 

3. Experience desired: Facilitation experience and/or administrative experience in curriculum, instruction and assessment related areas.

4. Other requirements: Skilled in the use of standard office applications of technology, able to maintain and apply approved budgets to identified programs, highly organized, ability to work harmoniously with others, task and goal oriented. Valid driver’s license.
 

Requirements Chart

Date of Adoption
July 12, 1999
Date of Revision
March 7, 2005
September 4, 2007
January 21, 2008
September 15, 2008
July 12, 2010
August 1, 2016

2100.37: Coordinator of Secondary Programs

2100.37: Coordinator of Secondary Programs holly Mon, 07/01/2019 - 13:26

 

Reports to: Director of Secondary Education

General Summary: Provides coordination of all activities between secondary schools, the District, post-secondary institutions, community organizations, and businesses related to dual enrollment, career and technical education, academic programs and transitions.

Essential Functions:

I. Works with district administrators and workforce development stakeholders to establish new and innovative programs which emulate employment trends; monitor existing programs; works with school principals to determine program offerings; recommends courses for addition to or elimination from curriculum; coordinates communications of secondary programs to students and public; coordinates with state and local educational agencies to ensure continuity and relevance of programs, and assists in evaluation of program effectiveness. (25%)

II. Works with industry representatives, advisory members, and district personnel (teachers, Curriculum and Instruction MEP Facilitators, principals and directors) to develop curriculum and select instructional materials, supplies, and equipment; coordinates with principals and district administrators to establish and maintain program-appropriate instructional facilities. (15%)

III. Develops, coordinates and maintains articulation agreements with labor and post-secondary institutions; coordinates district participation in dual enrollment programs; assists school principals and district administrators with personnel needs for dual enrollment programs. (10%)

IV. Coordinates district support of Career and Technical Education teaching staff including professional development to effect changes and improvements in the delivery of instruction; assures that all CTE classes maintain a dual focus on both academic and technical skill development; visits schools regularly to review programs, share ideas, and provide feedback to improve teaching methods, assists school principals and district administrators with personnel needs for CTE programs. (10%)

V. Facilitates local, state and federal grants related to secondary programs; assures that all expenditures follow district, state, and federal compliance guidelines; coordinates the post-graduate reports and exiting senior survey and reports; interprets data to make program decisions. (10%)

VI. Collaborates with the Directors of Student Services, the Office of Secondary Education, and the Office of Special Education related to alternative educational programs; assists with the development and implementation of program procedures, including but not limited to Horizon High School and programs for suspended, expelled, and Restart students. (10%)

VII. Coordinates middle and high school procedures related to individual student Personal Learning Plans in collaboration with building administrators and the Curriculum & Instruction MEP Facilitator responsible for secondary counselors, including but not limited to the development of the four year plan, ACT preparation, College and Career Readiness, and transitions. (10%)

VIII. Establishes and maintains strong and effective working relationships with professional organizations. (5%)

IX. Assumes other duties as assigned. (5%)

Qualifications:

  1. Education Level: Master’s degree from an approved institution with a major in educational administration or the accepted equivalent (preferred). Course work or experience in alternative and/or career and technical education (required).
     
  2. Certification or Licensure: Appropriate Nebraska teaching certificate (required) or administrative certificate (preferred).
     
  3. Experience desired: Facilitation experience and/or administrative experience in curriculum, instruction and assessment related areas. Data analysis and program evaluation experience.
     
  4. Other requirements: Skilled in the use of standard office applications of technology, able to maintain and apply approved budgets to identified programs, highly organized, ability to work harmoniously with others, task and goal oriented. Valid driver’s license.

Requirements Chart

Date of Adoption
January 21, 2008
Date of Revision
September 15, 2008
August 1, 2016
April 15, 2024

2100.40: Coordinator of Early Childhood

2100.40: Coordinator of Early Childhood holly Mon, 07/01/2019 - 13:33

 

Reports to:  Director of Special Education

General Summary: Assists in the design, development and delivery of early childhood programs. The Coordinator assists the Director of Special Education/Director of Early Childhood and Elementary Education, with staffing, budgeting, data collection and reporting, staff development, and program implementation and evaluation for identified/programs.

Performance Responsibilities:

I. Collaborates with administrators and staff to provide leadership and support to programs for students, birth through age 5 for identified buildings/levels/special education programs. (10%)

II. Assists in the coordination and implementation of Multi-Disciplinary and Individualized Family Service Plans/Individual Education Plan procedures, assuring that processes result in appropriate programs and placement options for students with disabilities at identified buildings/levels/special education programs. (10%)

III. Conducts reviews of assigned special education documents so as to ensure compliance with district procedures, state, and federal laws. (2%)

IV. Assists building staff with the identification and implementation of scientific, research-based instructional interventions, service delivery models, specialized materials and other appropriate supports for students with disabilities to enable them to progress in the District adopted curriculum and meet district and state standards. (10%)

V. Assists with maintaining a continuum of service delivery options for students with disabilities in the least restrictive environment, including the provision of related services as appropriate. (12%)

VI. Is responsible for ensuring program and level transition processes, transportation, extended school year/continuous year services, and Child Find for students at identified buildings/levels/special education programs. (7%)

VII. Collaborates with building and district administrators, other coordinators, and District Level Leaders as necessary to provide a staff development program for staff (certificated and classified) at identified buildings/levels/programs. (5%)

VIII. Assists in communicating with parents and staff members regarding evaluation, programming, placement, services and rights of students with disabilities. (5%)

IX. Assists with the recruitment, selection, and evaluation of staff at identified buildings/levels/special education programs. (5%)

X. Assists in the preparation of federal, state and local reports under the direction of the Director of Special Education/Director of Early Childhood and Elementary Education. (5%)

XI. Assists the Director of Special Education/Director of Early Childhood and Elementary Education with grant coordination, budget development and implementation for identified buildings/levels/programs. (5%)

XII. Assists with the implementation of data collection processes and assists in verifying data accuracy using available technology. (5%)

XIII. Assumes responsibility for own professional growth and development; for keeping current with the literature and new research findings; and for attending appropriate professional meetings and conferences. (2%)

XIV. Assumes other responsibilities as delegated and assigned. (3%)

XV. Assists in the preparation of federal, state and local reports related to Title I to ensure compliance with state and federal rules and regulations. (5%)

XVI. Collaborates with the Director of Special Education/Director of Early Childhood and Elementary Education and Curriculum and Instruction MEP Facilitator for Early Childhood to provide leadership and ensure compliance with district procedures, state, and federal laws. (9%)

Qualifications:

 

1. Education Level: A six-year educational specialist degree is preferred. A master's degree from an approved institution with a major in special education is required.

2. Certification or Licensure: Appropriate Nebraska Administrative Certificate. 

3. Experience Desired: Four years of successful teaching experience in the area of special education. 

4. Other Requirements: Experience and leadership abilities in appropriate facets of school administration; sensitivity to the needs and objectives of the District.  Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification.  They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified.  Responsibilities and duties assigned are at the discretion of the Superintendent.

 

Date of Adoption
August 5, 2000
Date of Revision
March 7, 2005
September 4, 2007
May 5, 2008
September 15, 2008
September 21, 2009
February 6, 2012
August 1, 2016
April 15, 2024

2100.50: Principal PK-12

2100.50: Principal PK-12 holly Mon, 07/01/2019 - 13:38

 

Reports to: Principal's designated Central Office performance evaluator 

General Summary: Serves as the educational leader of the school. Responsible for the educational programs and services in the school. Responsible for implementing district programs, policies, and procedures.

Essential Functions:  

Instructional Leadership and Vision for Learning

I. The principal: 

A. Assumes responsibility for the continuous school improvement plan and process. 

B. Provides for effective instructional leadership, including monitoring student performance relative to assessments, and ensuring that the written curriculum is the taught, assessed curriculum. 

C. Assumes leadership responsibilities for effective selection, induction, and continual staff development and improvement of all personnel. 

D. Directs the development of instructional leadership capacity among teachers and teams. 

E. Provides for effective evaluation and supervision of all personnel. 

F. Provides visible leadership ensuring a positive educational culture that enhances the academic, social, physical, and emotional development of all students. 

G. Communicates the school vision in order to establish high expectations for student and staff performance. 

H. Assists staff to analyze varied sources of information and multiple sources of data to make educational improvement decisions. 

II. School Management The principal: 

A. Budgets time to achieve balance between administrative and supervisory duties. 

B. Identifies needed changes and improvement in school plant and effectively capitalizes on District resources, procedures and personnel. 

C. Provides sound fiscal management of building resources and programs. 

D. Utilizes effective practices and teaches clear guidelines for appropriate student behavior to provide a safe school environment. 

E. Demonstrates effective skills in conflict resolution, problem analysis, decision-making, and judgment. 

F. Demonstrates effective written, oral and nonverbal communication and facilitation skills. 

G. Directs the planning, implementation, and evaluation of programming related to student activities, clubs, and athletics. 

III. Interpersonal Relationships The principal: 

A. Demonstrates positive interpersonal relations with students, staff, families and community. 

B. Promotes, assesses, and nurtures a positive interpersonal climate in the school building. 

C. Creates strategic partnerships with community leaders in order to carry out the school/District mission. 

IV. Professional Responsibilities The principal: 

A. Implements and communicates District programs, policies, and procedures. 

B. Engages in personalized learning and school/District professional growth activities.

C. Holds high expectations for self and others as evidenced by modeling positive work habits and behaviors. 

D. Assumes responsibilities outside the school as related to school matters. 

E. Models and expects staff to exhibit transparent and ethical behavior. 

Qualifications: 

1. Education Level: Preferred: Doctoral degree from an approved institution with a major in educational administration or the accepted equivalent. Required: Master's degree from an approved institution with a major in educational administration or the accepted equivalent. 

2. Certification or Licensure: Appropriate Nebraska Administrative Certificate. 

3. Experience desired: Preferred: Three years of successful experience in administration as building principal. Required: Two years of successful experience in a leadership role, and four years of teaching experience. 

4. Other requirements: Experience, maturity and leadership abilities in appropriate facets of school administration - sensitivity to the needs and objectives of the student, school and district; the ability to supervise, evaluate, and manage the work of others; leadership skills in the area of curriculum development, management and evaluation.

Requirements Chart

Date of Revision
August 20, 1990
September 21, 1998
November 1, 2004
January 21, 2008
September 15, 2008
October 3, 2016

2100.51: Assistant Principal PK-12

2100.51: Assistant Principal PK-12 holly Mon, 07/01/2019 - 13:41

 

Reports to: Building Principal 

General Summary: Supports the building principal to provide leadership of the educational program and services in the school. Responsible for implementing district programs, policies, and procedures under the direction of the building principal. 

Essential Functions

I. Instructional Leadership and Vision for Learning 

The assistant principal 

A. Supports the continuous school improvement plan and process. 

B. Provides effective instructional leadership, including monitoring student performance relative to assessments, and ensuring that the written curriculum is the taught, assessed curriculum. 

C. Supports the effective selection, induction, and continual staff development and improvement of all personnel. D. Supports the development of instructional leadership capacity among teachers and teams. 

E. Provides for effective evaluation and supervision of personnel. 

F. Provides visible leadership ensuring a positive educational culture that enhances the academic, social, physical, and emotional development of all students. 

G. Supports the communication of the school vision in order to establish high expectations for student and staff performance. 

H. Assists staff to analyze varied sources of information and multiple sources of data to make educational improvement decisions. 

II. School Management The assistant principal: 

A. Budgets time to achieve balance between administrative and supervisory duties. 

B. Identifies needed changes and improvement in school plant and effectively capitalizes on District resources, procedures and personnel. 

C. Supports sound fiscal management of building resources and programs. 

D. Utilizes effective practices and teaches clear guidelines for appropriate student behavior to provide a safe school environment. 

E. Demonstrates effective skills in conflict resolution, problem analysis, decision-making, and judgment. 


F. Demonstrates effective written, oral and nonverbal communication and facilitation skills. 

G. Supports the planning, implementation, and evaluation of programming related to student activities, clubs, and athletics. 

III. Interpersonal Relationships The assistant principal: 

A. Demonstrates positive interpersonal relations with students, staff, families and community. 

B. Promotes, assesses, and nurtures a positive interpersonal climate in the school building. 

C. Creates strategic partnerships with community leaders in order to carry out the school/District mission. 

IV. Professional Responsibilities The assistant principal:

A. Implements and communicates District programs, policies, and procedures. 

B. Engages in personalized learning and school/District professional growth activities. 

C. Holds high expectations for self and others as evidenced by modeling positive work habits and behaviors. 

D. Assumes responsibilities outside the school as related to school matters. 

E. Models and expects staff to exhibit transparent and ethical behavior. 

Qualifications: 

1. Education Level: Preferred: Doctoral degree from an approved institution with a major in educational administration or the accepted equivalent. Required: Master's degree from an approved institution with a major in educational administration or the accepted equivalent. 

2. Certification or Licensure: Appropriate Nebraska Administrative Certificate. 

3. Experience desired: Preferred: Three years of successful experience in administration as building principal. Required: Two years of successful experience in a leadership role, and four years of teaching experience. 

4. Other requirements: Experience, maturity and leadership abilities in appropriate facets of school administration - sensitivity to the needs and objectives of the student, school and district; the ability to supervise, evaluate, and manage the work of others; leadership skills in the area of curriculum development, management and evaluation. 
Requirements Chart

The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. Responsibilities and duties assigned are at the discretion of the supervisor and building principal (or superintendent).

 

Date of Adoption
November 3, 1980
Date of Revision
November 17, 1997
September 21, 1998
January 21, 2008
September 15, 2008
October 3, 2016
Reaffirmed
November 1, 2004

2320: Consultants

2320: Consultants holly Mon, 07/01/2019 - 13:45

 

The Board encourages the use of consultants as a means of providing the schools with specialized services not normally required on a continuing basis. 

Date of Adoption
February 4, 1974
Date of Revision
February 16, 1998
Reaffirmed
September 17, 2007
February 2, 2015
September 6, 2022

2400: Organization and Administration

2400: Organization and Administration holly Mon, 07/01/2019 - 13:48

The Board will determine the policies to guide the administration of all activities of the District.  The policies will be developed with the assistance of the Superintendent and other staff.

The Superintendent is responsible to the Board for the administration of the schools under applicable laws and policies of the District.  If a situation demanding a decision is not covered by an existing policy or rule, the Superintendent or designated representative is empowered to make the decision deemed best, later reporting to the Board.

Each employee and student is responsible for following approved policies and rules.

The Superintendent is responsible for establishing clear lines of authority and responsibility and open lines of communication, both vertically and horizontally. The Board authorizes the Superintendent to create and maintain councils, cabinets, and committees necessary to implement the management team concept and to provide for the effective, efficient administration of the District.

Date of Adoption
February 4, 1974
Date of Revision
January 19, 1998
December 6, 2004
December 2, 2019
Reaffirmed
January 21, 2013

2400.1: Organization and Administration

2400.1: Organization and Administration holly Mon, 07/01/2019 - 13:51

 

The District is administered in accordance with a staff organizational plan that is developed by the Superintendent and approved by the Board.  The superintendent is responsible to the Board for the effective administration of the District.

In the organization and administration of the schools, the Superintendent shall balance responsibility with commensurate authority subject to the reserve and legal powers of the Board.  This means that a member of the staff, when assigned a responsibility or a position, shall be given the authority to make the decisions necessary to perform the tasks.

Date of Adoption
February 4, 1974
Date of Revision
January 19, 1998
December 6, 2004
December 2, 2019
Reaffirmed
January 21, 2013

2400.2: Line of Responsibility- School Board and Superintendent

2400.2: Line of Responsibility- School Board and Superintendent holly Mon, 07/01/2019 - 13:55

 

The Board shall determine and set the policies of the District within the framework of state statutes and law.  The Board will approve and adopt the policies of the District.

The Board shall transact official business with professional staff members and other District employees only through the Superintendent.

The Superintendent is charged with executing the policies of the District.  Through the Superintendent, all employees and students of the District are expected to adhere to Board policies and rules.

In cases where emergency action must be taken within the school system which is not covered by District policies, the Superintendent is authorized to act, but such decisions are subject to review by the Board at its next regular meeting. The Superintendent is to inform the Board promptly of such action and of the need for any policy changes.

The Superintendent is responsible for long-term planning necessary to guide the Board in policy development.

The Superintendent is to establish and maintain an orderly plan for preserving and making accessible the policies and rules adopted by the Board.  Accessibility is to extend to all employees of the District, members of the Board, and residents of the school District.

The chief objective of the Superintendent is the development and promotion of the educational program of the District consistent with state statutes and District policies.

The Superintendent has sole responsibility for operational matters, personnel, curriculum and instruction and business functions, subject to the approval of the Board.  This includes the selection and assignment of school employees, the management of the school plant and equipment, and the administration and supervision of the educational program and the public relations program.

The Superintendent is to prepare and submit annually for Board approval a budget of anticipated income and expenditures and shall be responsible, with Board authorization, for the expenditure of and proper accounting for all funds in accordance with the budget.


The Superintendent (or designated representative) is to attend all meetings of the Board except at times when consideration may be given to the Superintendent’s appointment and salary.

 

Date of Adoption
February 4, 1974
Date of Revision
January 19, 1998
December 6, 2004
December 2, 2019
Reaffirmed
January 21, 2013

2400.3: Line and Staff Relationships

2400.3: Line and Staff Relationships holly Mon, 07/01/2019 - 14:00

 

I. Relationship with the Principal

Classroom teachers are under the direct supervision of the building principal. Work assignments, schedules and courses of study are channeled through the principal to teachers.  All requests for assistance, materials, or information will be directed to the principal.

Teachers may expect the principal to guide and assist them in their work with students and to share in their disciplinary problems.  Either may seek the advice and counsel of other supervisors in the solution of specific problems or for interpretation of policy.

II. Relationship with Directors, Coordinators, Consultants, and Department Heads

The role of directors, coordinators, consultants, and department heads requires that they be supportive to teachers and that they assist them in their teaching.  Teachers may expect the supervisor to help them improve instructional techniques and methods, to keep them advised as to better utilization of instructional material, and to provide the assistance necessary to improve instructional services for students.

III. Relationship with the Superintendent

Teachers may confer with the Superintendent on problems related to their affiliation with the school system.  Such problems as assignments, teaching loads, salary, continuing contract, certification, or general working conditions should be discussed with the administrator most immediately in charge of the area and then with the Superintendent.

IV. Relationship with Other School Employees

Requests for other than routine aid from custodians, maintenance workers, clerical personnel and others should be made through the principal.  Any problems between classroom teachers and other District employees should be referred to the principal.

Date of Adoption
February 4, 1974
Date of Revision
January 19, 1998
Reaffirmed
December 6, 2004
January 21, 2013
December 2, 2019

2400.4: Administrators Leaving the Building

2400.4: Administrators Leaving the Building holly Mon, 07/01/2019 - 14:03

 

When it is necessary for an administrator to be away from the District, he or she shall notify his or her supervisor.

Date of Adoption
February 4, 1974
Date of Revision
August 4, 1997
Reaffirmed
December 6, 2004
January 21, 2013
December 2, 2019

3000: Support Services

3000: Support Services unanimous Thu, 02/28/2019 - 14:32

3110: Preparation of Budget

3110: Preparation of Budget holly Mon, 07/01/2019 - 14:06

The Superintendent shall annually present a recommended budget to the Board of Education for its consideration and adoption (or amendment and adoption as amended). Such budget shall present budgeted revenues, expenditures, and tax levies that are within the parameters established by law.

 

Date of Adoption
April 7, 1975
Date of Revision
September 15, 1997
October 19, 1998
Reaffirmed
July 7, 2008
November 20, 2017
June 6, 2022

3110.1: Program Budgeting

3110.1: Program Budgeting holly Mon, 07/01/2019 - 14:10

The Superintendent or the Superintendent’s designee shall develop and publish or otherwise distribute the procedures for the budget development process.

The budget development process, called Program Budgeting, without limitation, shall: 

I. Provide for involvement and participation of administrators, staff members, and others interested in the conduct of the business of the District;

II. Provide for a general fund cash reserve of no less than seven percent (7%) and no more than twenty percent (20%) of the anticipated budget of expenditures for the year;

III. Provide in the general fund contingency for unanticipated expenses of no less than one-fifth of one percent (0.2%) and no more than one percent (1%) of the anticipated budget of expenditures for the year;

IV. Provide a tangible, demonstrable connection between assessments of operational curriculum effectiveness and allocation of resources;

V. Provide a rank ordering of program components providing flexibility in budget expansion, reduction, or stabilization based on changing needs or priorities;

VI. Provide for cost-benefit analyses in the decision-making process;

VII. Provide for budget requests or submissions with descriptions that permit evaluation of consequences of funding or non-funding in terms of performance or results;

VIII. Provide for budget requests that compete with each other for funding based upon evaluation of criticality of need and relationship to achievement of curriculum effectiveness; and,

IX. Provide a timetable or schedule for implementation of the budget development process and the preparation of the final budget to be presented to the Board of Education. 

Prior to September 1, the Superintendent shall present to the Board of Education the Superintendent’s proposed budget for the ensuing school year. The Board of Education shall review the Superintendent’s proposed budget and may amend such as it deems advisable.

Prior to adopting the District’s budget for the ensuing year, the Board of Education shall publish the proposed budget and conduct a hearing on such as required by law. The Board, after the public hearing, shall adopt the proposed budget (or amend and adopt the budget as amended) and shall cause it to be filed and appropriate tax levies to be set as required by law. 

Date of Adoption
April 7, 1995
Date of Revision
November 16, 1998
July 7, 2008
November 20, 2017
June 6, 2022

3111: Accounts Receivable - Collection Agencies

3111: Accounts Receivable - Collection Agencies holly Mon, 07/01/2019 - 14:13

 

The District may engage the service of collection agencies to assist with the collection of overdue accounts, insufficient fund checks, and other unpaid obligations due and owing to the District.

Date of Adoption
November 1, 2010
Reaffirmed
October 2, 2017

3121: Accounting Practices

3121: Accounting Practices holly Mon, 07/01/2019 - 14:17

 

The fiscal accounting and reporting practices of the District shall be in conformance with Nebraska Department of Education regulations and all other relevant state and federal laws.

Date of Adoption
April 19, 2010
Reaffirmed
October 2, 2017

3122: Purchasing Cards

3122: Purchasing Cards holly Mon, 07/01/2019 - 14:19

Purchasing cards may be used for purchases made on behalf of the District.  The issuance and use of such purchasing cards shall be subject to the procedures promulgated by the superintendent (or designee).

Date of Adoption
May 16, 2011
Date of Revision
August 1, 2016
Reaffirmed
September 05, 2023

3122.1: Purchasing Cards

3122.1: Purchasing Cards holly Mon, 07/01/2019 - 14:21

 

The Superintendent (or designee) shall have the authority to contract with one or more financial institutions, card-issuing banks, credit card companies, charge card companies, debit card companies, or third-party merchant banks capable of operating the purchasing card program on behalf of the District.


The persons assigned a purchasing card shall be limited to individuals (1) who have job responsibilities that include the authority and responsibility for making purchases on behalf of the District, (2) who have been recommended to be issued a purchasing card by his/her supervisor, (3) whose supervisor has agreed to review and approve monthly purchasing card statements submitted by him/her, (4) who has satisfactorily completed the District’s purchasing card training and testing program, (5) who is determined by the superintendent (or designee) to have a need to have access to such purchasing card, and (6) who has received written approval from the superintendent (or designee) to be issued such purchasing card.

The Superintendent (or designee) shall also have the authority and responsibility for promulgating procedures related to the issuance and use of purchasing cards in the District.

Such procedures shall, inter alia, provide the following:

1. That an itemized receipt for purposes of tracking expenditures shall accompany all purchasing card purchases. In the event that a receipt does not accompany such a purchase, purchasing card privileges shall be temporarily or permanently suspended in accordance with the District’s policies, rules, and procedures. 


2. That upon the termination or suspension of employment of an individual using a purchasing card, such individual's purchasing card account shall be immediately closed and he or she shall return the purchasing card to the District’s business office. 


3. That no officer or employee of a political subdivision shall use a District purchasing card for any unauthorized use. 

Date of Adoption
August 1, 2016
Reaffirmed
September 05, 2023

3131: Employee Expense Reimbursement

3131: Employee Expense Reimbursement holly Mon, 07/01/2019 - 14:25

 

Employees of the school district may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties for the District including, but not limited to, travel costs and other expenses approved in accordance with the rules and/or administrative procedures promulgated under this policy.

Date of Adoption
March 18, 2002
Date of Revision
September 2, 2008
Reaffirmed
April 17, 2017

3150: Fundraising Activities by the School

3150: Fundraising Activities by the School holly Mon, 07/01/2019 - 14:27

The schools may fundraise for student activities, school projects, and non-profit charitable organizations provided that such fundraising does not restrict or impair the educational program and is consistent with the standards, criteria, and limitations of District Policies and Rules. 

The District does not by this Policy create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable fundraising activities conducted district-wide. 
 

Date of Adoption
July 9, 2007
Date of Revision
October 7, 2013
September 8, 2020

3150.1: Fundraising Activities by the School

3150.1: Fundraising Activities by the School holly Mon, 07/01/2019 - 14:32

Individual schools may choose to participate in fundraising activities to benefit the school, the student activities of the school, school projects, and non-profit charitable organizations, provided that such fundraising does not restrict or impair the educational program and is consistent with the standards, criteria, and limitations of District Policies and Rules, including 1115.1, 1340.1, 3614.1, 3921.1, 6700.1, and 7305.1. Permission to conduct these fundraising activities must be approved by the school principal prior to the commencement of the fundraising activity.

Individual schools may not commence or participate in any fundraising activities to raise funds for any “special project” as that term is defined in District Rule 3614.1 until the special project and fundraising activity has been pre-approved by the Superintendent (or designee). If a school, parent or community group wishes to engage in fundraising for a “special project,” building principals shall follow the procedures for submitting special projects to the Superintendent (or designee) set forth in District Rule 3614.1.

The schools may advertise fundraising events in the Activities Express newspaper, if such assistance is determined by the Superintendent or designee to be consistent with the standards, criteria, and limitations of District Policies and Rules. Promotional material for fundraising activities taking place in individual schools may be distributed to students by school staff members only. Promotional material for fundraising activities taking place in individual schools may be distributed in the individual school newsletters and newspapers.

The only authorized district-wide campaigns for solicitation of funds from employees and students will be the United Way campaign and the Millard Public Schools Foundation campaign.

Participation in fundraising activities by students and staff must be voluntary.

Schools may not use class time to participate in fundraising activities, unless the fundraising activity is within the context of a curricular program.

Schools may not use door-to-door solicitations in their fundraising activities.

Schools may not exclude any students from attending celebratory or recognition activities that occur as a result of fundraising activities.

The District does not by this Rule create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable fundraising activities conducted district-wide.

Date of Adoption
July 9, 2007
Date of Revision
October 7, 2013
September 8, 2020

3215: Tuition Fees

3215: Tuition Fees holly Mon, 07/01/2019 - 14:36

Students from other districts attending Millard Public Schools shall be subject to tuition when permitted by law and as established by the Board of Education.

Date of Adoption
April 7, 1975
Date of Revision
January 21, 2019
Reaffirmed
August 16, 2010

3215.1: Students - Tuition

3215.1: Students - Tuition holly Mon, 07/01/2019 - 14:37

 

Any student who does not qualify for free tuition shall be charged tuition in an amount equal to the “Annual Cost Per Pupil ADM” contained in the most recent Annual Financial Report filed with the Nebraska Department of Education. One-half of such tuition shall be paid to the District before such student is admitted to classes each semester.

Date of Adoption
April 7, 1975
Date of Revision
April 4, 2011
January 21, 2019

3225: Property - Sales and Disposal

3225: Property - Sales and Disposal holly Mon, 07/01/2019 - 14:40

 

The superintendent (or designee) shall be authorized to sell or otherwise dispose of any surplus property or equipment in the District.  Prior to such sale, the surplus property or equipment shall be presented to the Board in the District Treasurer’s Report.

The superintendent (or designee) shall select a method of sale that is likely to produce the greatest return for the district.  Such method may include, but is not necessarily limited to, local public auctions, online electronic auctions, negotiations, sales to employees for not less than fair market value, or trade-ins.  If, after due diligence, it is determined that an item has no monetary value, the item may be recycled or otherwise disposed of.

The proceeds from the sale of property shall be applied first to the costs associated with the sale.  The remaining balance, if any, shall be receipted into District funds as directed by the superintendent (or designee).

The superintendent (or designee) may promulgate administrative procedures to further the implementation of this policy.

Date of Adoption
April 7, 1975
Date of Revision
March 7, 1994
April 18, 2011
April 16, 2018
Reaffirmed
March 5, 2018

3235: Gifts, Donations, and Grants

3235: Gifts, Donations, and Grants holly Mon, 07/01/2019 - 14:45

Gifts, Donations, and Grants. The District welcomes gifts, donations, and grants from individuals and organizations that will enhance the District’s educational programs or extracurricular activities, that are consistent with the terms of the District’s policies and rules and are permitted under any applicable state and federal laws. The District reserves the right to refuse, cancel or terminate any gift, donation, or grant that is deemed to be not appropriate for or contributing to the District’s educational mission and goals, that would adversely impact the District, or for any reason set forth in the District’s policies and rules. Once accepted, all gifts, donations, and grants become the property of the District. The acceptance or rejection of any gift, donation, or grant shall not be considered an endorsement of any kind by the District.

Acceptance of any gifts, donations, and grants by the District shall be in accordance with applicable District policies, rules, and procedures.
 

Date of Adoption
April 7, 1975
Date of Revision
May 21, 2007
October 7, 2013
January 3, 2022
Reaffirmed
January 20, 2020

3235.1: Gifts, Donations, and Grants

3235.1: Gifts, Donations, and Grants holly Mon, 07/01/2019 - 14:48

I. Gifts and Donations 

A. Gifts and donations that satisfy the criteria below may be accepted by building principals on behalf of the District although the Superintendent (or designee) has the ultimate authority with respect to any gift or donation. To be acceptable by a building principal, a gift or donation must satisfy all of the following criteria:

1. Shall have a purpose consistent with those of the District;

2. Shall not bring undesirable or hidden costs to the District;

3. Shall not place restrictions on the school program;

4. Shall not deter the best instructional practice of students;

5. Shall not imply endorsement of any business or product; 

6. Shall not be in conflict with any provision of the District rules or public law; 

7. Shall not be intended for or to be used for a “special project” as defined in District Rule 3614.1 unless the special project has been previously approved by the Superintendent (or designee) as provided herein.

8.  Shall not be a donation of technology unless the donation has been previously approved by the Superintendent (or designee);

9.  Shall not be a donation with a value in excess of $10,000 unless the donation has been approved by the Superintendent (or designee).


B. Once accepted, any gift or donation shall become the property of the District. The Superintendent (or designee) shall have the right to cancel or terminate any gift or donation after acceptance if the Superintendent (or designee) determines that in his or her discretion, the gift or donation no longer serves the best interest of the District. 

C. The acceptance of any gift or donation shall not be construed as an endorsement of any particular individual, business enterprise or commercial product by the District. The District may, but is not required to publicly recognize donors as part of an acceptance of any gift or donation.


II. Grants. 

A. Grants of more than $5000 require approval from the Grants Office prior to submission.

B. If a grant proposal/application submission would provide funding for any “special project” as that term is defined in District Rule 3614.1, the special project must be pre-approved by the Superintendent (or designee) prior to submitting it to the Grants Office for review and approval.

C. Grant funding shall be used by the school and/or the District only as specified in the proposal, funding award notification, and/or applicable state and federal law unless prior approval has been obtained in writing from the funding source.

D. The Superintendent (or designee) shall have the right to cancel or terminate any grant if the Superintendent (or designee) determines that in his or her discretion that the grant no longer serves the best interest of the District. 
 

Date of Adoption
April 7, 1975
Date of Revision
May 21, 2007
October 7, 2013
January 3, 2022
Reaffirmed
January 20, 2020

3300: Purchasing - General

3300: Purchasing - General holly Mon, 07/01/2019 - 14:51

Purchasing of goods and services for the District shall be done efficiently, economically, competitively and without prejudice or favoritism towards any vendor.  All purchases shall be made in a manner consistent with federal law, state law, and District policies, rules, and procedures.

Date of Revision
February 3, 1992
September 6, 2011
Reaffirmed
October 7, 2019

3300.1: Purchasing - Goods and Services

3300.1: Purchasing - Goods and Services holly Mon, 07/01/2019 - 14:54

 

Purchasing of goods and services for the District shall be done efficiently, economically, competitively and without prejudice or favoritism towards any vendor. All purchases shall be made in a manner consistent with federal law, state law, and District policies, rules, and procedures.

In making purchasing decisions, consideration must be given to the quoted price but may also be given (when appropriate) to other factors including, but not limited to:

    A.    Quality and reliability of the product or service
    B.    Availability of repair services and replacement parts
    C.    Availability and reliability of product support
    D.    Economy and efficiency which may result from standardization
    E.    Compatibility with the end user’s needs
    F.    Timely delivery
    G.    Compliance of vendors with District policies and rules as well as applicable law

The superintendent (or designee) may develop administrative procedures consistent with this Rule. Such procedures may provide specific steps to be followed in purchasing certain goods and/or services. Upon publication of such administrative procedures, all purchases encompassed by the procedures shall thereafter be made in a manner consistent with such procedures.

In the event the superintendent (or designee) determines that a product or service has characteristics that are sufficiently unique to preclude price quotes from competing vendors, the superintendent (or designee) may proceed with negotiating a purchase of the product or service if, in his/her opinion, the purchase is nonetheless in the best interest of the District.

All payments for goods and services shall be presented to the Board of Education for approval prior to remittal except under the following circumstances: (a) the purchasing circumstances require immediate payment, (b) the district’s payment schedule presents an undue hardship for the vendor, (c) early payment avoids a late charge or results in a discount for the District, and (d) the Board of Education cancels or reschedules a regular board meeting. The preceding exceptions shall apply only when there are no known disputes regarding the claim for payment.

Date of Adoption
December 17, 2012
Reaffirmed
October 7, 2019

3315: Receiving Goods

3315: Receiving Goods holly Mon, 07/01/2019 - 14:58

 

When goods are delivered to the Distribution Center, the receiving clerk is responsible for checking them for quantity and quality and will sign and forward the receipt copy to the business office.  If goods are sent directly to a school, the principal has the same responsibility. 

Date of Adoption
April 2, 2018

3410: Investing - General

3410: Investing - General holly Mon, 07/01/2019 - 14:59

 

District funds not required for immediate obligations shall be invested in accordance with state law. Authorized investments shall include, but not necessarily be limited to, the following: (1) the Nebraska Liquid Asset Fund, (2) collateralized bank certificates of deposit, (3) insured savings accounts and money market accounts, (4) government agency securities, and (5) U.S. treasuries.

Date of Adoption
November 6, 2006
Date of Revision
March 6, 2017
Reaffirmed
April 1, 2024

3416: Treasurer's Report

3416: Treasurer's Report holly Mon, 07/01/2019 - 15:01

 

The Treasurer of the Board will submit a monthly financial report to the Board.

Date of Adoption
April 7, 1979
Date of Revision
August 16, 2010
March 5, 2018

3419: Periodic Audit

3419: Periodic Audit holly Mon, 07/01/2019 - 15:03

The Board of Education shall cause to be examined annually by a public accountant, or a certified public accountant, all financial records, which are maintained directly or indirectly in the administration or management of public school funds.

Date of Adoption
April 7, 1975
Date of Revision
August 16, 2010
March 5, 2018

3419.1: Periodic Audit

3419.1: Periodic Audit holly Mon, 07/01/2019 - 15:05

The audit examination shall be conducted in accordance with generally accepted auditing standards and shall include all funds over which the Board has direct or supervisory control.

The Board shall select an auditing firm experienced in municipal accounting and willing to perform the required services for the established fee.

Date of Adoption
April 7, 1975
Date of Revision
August 16, 2010
March 5, 2018

3425: Accounting Receipt of Funds

3425: Accounting Receipt of Funds holly Mon, 07/01/2019 - 15:06

All cash, checks, or other funds received by the District (including funds received by and/or for student organizations) shall be deposited expeditiously into the appropriate bank accounts and recorded on the District’s financial records in a manner consistent with the requirements of federal law, state law and District rules and procedures.

Date of Adoption
April 7, 1975
Date of Revision
September 6, 2011
Reaffirmed
May 20, 2019

3425.1: Accounting - Receipt of Funds

3425.1: Accounting - Receipt of Funds holly Mon, 07/01/2019 - 15:08

All cash, checks, or other funds received by the District (including funds received by and/or for student organizations) shall be deposited expeditiously into the appropriate bank accounts and recorded on the District’s financial records in a manner consistent with the requirements of federal law, state law, and District rules and procedures. 

For all cash and checks received by a District employee or a student organization representatives: 

1. When requested, a receipt shall be issued by such employee or representative to the party tendering the cash or check. When a receipt is not requested, the employee or representative shall be responsible for maintaining an accounting record of the receipt in a manner approved by the Superintendent or designee. (This section shall not apply to the sale of food, drink, or other such concession items where immediate possession of the product is given in-lieu of a receipt.) 

2. Each building shall ensure that its procedures provide for a least two people independently counting such funds and documenting such count.

Date of Adoption
April 7, 1975
Date of Revision
September 6, 2011
May 20, 2019

3505: Operations & Maintenance Management - Direction & Supervision

3505: Operations & Maintenance Management - Direction & Supervision holly Mon, 07/01/2019 - 15:10

 

The maintenance and operation of the District’s facilities shall be under the direction and supervision of the superintendent (designee).

The District may engage the services of private vendors to assist with such services. In such case, the private vendor shall report to and be supervised by the superintendent (designee). All District employees in the operations & maintenance departments shall be directed, supervised, and evaluated by the private vendor as provided for in the contract with such vendor and as determined by the superintendent (designee).

Date of Adoption
September 6, 2011
Date of Revision
January 6, 2020

3510: Buildings and Grounds / Security - Locks

3510: Buildings and Grounds / Security - Locks holly Mon, 07/01/2019 - 15:12

 

The Superintendent (Designee) shall be responsible for the installation, maintenance, and operation of all electronic and manual lock systems controlling access to the District’s facilities.

Date of Adoption
April 7, 1975
Date of Revision
January 17, 2011
Reaffirmed
January 7, 2019

3517: Business Injury Prevention Program

3517: Business Injury Prevention Program holly Mon, 07/01/2019 - 15:15

The District shall establish a Safety Committee as required by law.

Date of Adoption
September 23, 1996
Date of Revision
January 17, 2011
Reaffirmed
January 7, 2019

3517.1: Business Injury Prevention Program

3517.1: Business Injury Prevention Program holly Mon, 07/01/2019 - 15:18

 

There shall be established a Safety Committee consisting of eight members: 

    a. four of whom shall be appointed by the Superintendent, or his or her designee; and, 

    b. one who shall be selected and appointed by the collective bargaining units representing the certificated staff (teachers and nurses); and, 

    c. one who shall be selected and appointed by the collective bargaining unit representing the custodial and maintenance staff; and, 

    d. one who shall be selected and appointed by the collective bargaining unit representing the educational paraprofessionals; and, 

    e. one who shall be selected and appointed by the Superintendent, or his or her designee to represent non-union employees including professional technical employees and food service. 

The safety committee will operate within the guidelines established by the Nebraska Department of Labor for injury prevention programs. Each school principal shall be responsible for implementing the district safety program in his or her building. The Superintendent will assign an administrator the responsibility for implementing the district safety program in each of the district’s non-school buildings.

Date of Adoption
September 23, 1996
Date of Revision
January 17, 2011
January 7, 2019

3611: Construction / Planning - Determining Needs

3611: Construction / Planning - Determining Needs holly Mon, 07/01/2019 - 15:20

 

The significance of providing school facilities that enhance the District’s educational program is recognized by the Board. To assure a comprehensive approach to projecting and planning needs, at least the following aspects of need will be considered:

A. Expansions or changes in educational programs in the district

B. Plant and site aesthetics and suitability for construction

C. Demographic characteristics

D. City/county master plan and zoning

E. Financial ability of the school district

F. Safety and welfare of pupils

G. Relationship (proximity, boundary conditions) between the projected new facilities and those already in existence

The Superintendent or designee is directed to establish such administrative arrangements, as he or she considers necessary to determine such needs.

Date of Adoption
February 4, 1974
Date of Revision
September 23, 2002
January 27, 2003
Reaffirmed
May 3, 2010
September 4, 2018

3612: Construction Planing - Forecasting Enrollments

3612: Construction Planing - Forecasting Enrollments holly Mon, 07/01/2019 - 15:24

 

Methods for forecasting enrollment shall make use of the following:

  1. Prior enrollment history (three to five year trend)

  2. Pre-kindergarten census data and historical trend for kindergarten class

  3. Number of students on in-district transfers and number in option enrollment program

  4. Final plat number of lots available for development

  5. Expected ratio of students to number of lots

  6. Information from city and country planning regarding future development
Date of Adoption
February 4, 1974
Date of Revision
September 23, 2002
January 27, 2003
Reaffirmed
May 3, 2010
October 1, 2018

3613: Construction Planning - Master Facility Plan

3613: Construction Planning - Master Facility Plan holly Mon, 07/01/2019 - 15:27

The District shall develop and maintain a Master Facility Plan which shall include Standard Facility Guidelines and Facility Depreciation Plans.

The Standard Facility Guidelines shall contain general guidelines for planning construction and/or renovation projects for elementary schools, middle schools, and high schools in the District.

The Facility Depreciation Plans shall contain general guidelines for the replacement of major depreciable items in the District's buildings and on its grounds. These items shall include roofs, parking lots, sidewalks, irrigation systems, tracks, HVAC systems, and other such depreciable items.

The District may employ the services of consultants or other professionals to assist with the development and maintenance of the information in the Master Facility Plan.

Date of Adoption
January 27, 2003
Reaffirmed
May 3, 2010
December 3, 2018

3614: Construction Planning - Special Projects

3614: Construction Planning - Special Projects holly Mon, 07/01/2019 - 15:29

Every proposed project that impacts the facilities and/or grounds of the District shall receive written approval from the Superintendent (or designee) before such project commences.

Date of Adoption
August 6, 2007
Reaffirmed
May 3, 2010
October 1, 2018

3614.1: Construction Planning - Special Projects

3614.1: Construction Planning - Special Projects holly Mon, 07/01/2019 - 15:32

I. All special projects shall require written approval by the Superintendent (or designee) prior to commencement of the project.

A. “Special projects” shall include, but not necessarily be limited to, projects that involve the following:

1. Building additions or renovations (including out-buildings)

2. Planting of trees, shrubs, flowers, or any other plants

3. Landscaping

4. Drilling, cutting, or otherwise penetrating the walls, ceilings, or floors of any facility.

5. Carpeting & painting

6. HVAC, electrical, & plumbing

7. Installation of marquees or other permanent exterior signs

8. Fencing

9. Irrigation systems

10. Sidewalks, driveways, parking lots or other concrete work

11. Playground equipment

12. Technology (including but not limited to data, voice, and video systems) that would be (or could be) connected to or impact the District’s data network

13. Any equipment or device that would become permanently affixed to any building or grounds (e.g., picnic tables, bike racks, benches, etc. that are anchored in concrete)

B. “Special projects” shall not include the following:

1. The taping of materials to walls (within the limitations provided by the fire code).

2. The tacking of materials to bulletin boards or other surfaces designed specifically for such use.

3. The moving of desks, chairs, file cabinet, or other stand alone furniture or equipment that is not fastened to or otherwise attached to the floors, walls, or ceilings of a facility.

4. The routine repairing and/or maintaining of existing facilities, grounds, and equipment by the District’s custodial, grounds, maintenance, and technology personnel.

5. The hanging of pictures, plaques, posters, etc. that are light-weight (i.e., not exceeding 10 lbs.). Such hangings shall not be in close proximity to electrical wiring; data, video, or voice cabling; HVAC control systems; or any other such installations that may be present in or on the walls.

C. All proposed special projects shall be reviewed in light of the following criteria:

1. The project must be clearly defined.

2. The project must be beneficial and desirable to the District.

3. The funding for the project must be clearly delineated and the funds must be committed and immediately available.

4. The project must contain materials and equipment that are appropriate for their intended use.

5. The project materials, equipment, and workmanship must meet the standards of the District for those areas for which standards have been established (e.g., color and quality of paint, width and depth of sidewalks, make and model of defibrillators, etc.).

6. The project shall not present unacceptable long-term operational, maintenance, licensing, or other expenses for the District.

7. The project must meet all building, fire, and safety codes; all ADA requirements; and all other requirements of local, state, and federal law.

8. The project must not interfere with the physical integrity of (or access to) existing utilities, cabling, irrigation systems, or other installations (either above or below the surface) or, in the alternative, must provide for the relocation of such installations.

9. The outside contractors (or others acting as such) for the project shall possess the appropriate skills and experience and, further, shall carry insurance coverage deemed appropriate by the District (with the District named as an additional insured).

10. Any other reasonable criteria deemed appropriate by the Superintendent (or designee).

II. The District may require that a project be designed by an architect and/or engineer. The architect and/or engineer shall be selected by (and be directed by) the District. The cost of such services shall be paid for by the District.

III. All applications for approval of special projects must be submitted by the building principal (or the highest ranking administrator at a site without a principal). If any student, parent, or community groups are directly involved in a special project, such group(s) shall work directly with and through the building principal. They shall not work with or through the District’s architects, engineers, or project managers. After a special project is approved, the building principal shall periodically update the Superintendent (or designee) on the progress of the fundraising activity for the special project, if any.

IV. No administrator shall approve (or acquiesce to) any special project being conducted in the facilities or on the grounds under his/her supervision unless such project has received prior written approval as noted hereinabove. Administrators and building principals shall not enter into any contracts for special projects. The Superintendent (or designee) shall have the sole authority to enter into such contracts. The Superintendent (or designee) shall also have the sole authority to approve any alterations or changes to the special project suggested by the contractor or by the District’s architects, engineers or project managers.

V. Any employee who has knowledge of the planning or commencement of an unapproved project in the facilities or on the grounds of the District shall immediately notify the Superintendent (or designee) or the administrator who has supervisory responsibility for such facilities or grounds.

Date of Adoption
August 6, 2007
Date of Revision
September 16, 2013
October 1, 2018
Reaffirmed
May 3, 2010

3621: Professional Services - Architects & Engineers

3621: Professional Services - Architects & Engineers holly Mon, 07/01/2019 - 15:35

Except as provided by law, the District shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect or professional engineer except that this requirement shall not apply to any public work in which the contemplated expenditure for the complete project does not exceed the statutory limitations. 

In conjunction with each bond issue for the construction of new facilities and/or the renovation of existing facilities, the District shall convene an ad hoc Architect Selection Committee. The Architect Selection Committee shall consist of at least four members recommended by the superintendent or the superintendent’s designee and approved by the board of education. The committee shall be responsible for conducting a selection process and making recommendations to the board regarding the selection of architect(s) for the bond issue construction project(s). 

The selection of architects for projects that are not related to a bond issue may be made by the administration from the list of architects previously engaged by the District to do construction and/or renovation projects. The administration may also select architects through a process approved by the superintendent (or designee) who have not been previously engaged by the District in the event the superintendent (or designee) determines that the characteristics of a specific project are sufficiently unique so that it is in the best interest of the District to select an architect with a particular area of expertise. 

The professional services contracts for architects and engineers may be in the form of a standard AIA (American Institute of Architects) contract as it may be amended by the School District’s attorneys and shall set forth the services to be performed by the architect and/or engineer. Such contract shall provide for a reasonable retainage of fees until the project is closed out, all contractors and vendors have been paid, and all issues have been resolved.

Date of Adoption
February 17, 2003
Date of Revision
December 3, 2018
Reaffirmed
May 3, 2010

3622: Professional Services - School District Attorney

3622: Professional Services - School District Attorney holly Tue, 07/02/2019 - 09:47

The services of the school district attorney may be accessed by the superintendent (or designee) for matters pertaining to site acquisition, easements, dedications, contracts, contract payments, liens or claims, and such other matters as may arise.

Date of Adoption
February 4, 1974
Date of Revision
November 3, 2003
December 3, 2018
Reaffirmed
May 3, 2010

3622.1: Professional Services - School District Attorney

3622.1: Professional Services - School District Attorney holly Tue, 07/02/2019 - 09:50

I. The school district’s attorney shall review:

A. land purchase contracts

B. construction contracts

C. easements and/or permits for utilities

D. title and deeds for dedicated sites

E. the need for new legislation relative to special land use


II. The school  district’s attorney shall prepare:


A. titles and deeds

B. settlement documents for land transfer

C. condemnation documents for site and easement acquisition

D. liens and claims

E. deeds of dedication for rights-of-way

F. resolutions for board approval involving easements, rights-of-way, and land sales


III. The school district’s attorney shall provide legal representation during condemnation proceedings, suits involving construction contracts and payments.



IV. The school district’s attorney shall coordinate settlement and condemnation payments for land and easement acquisition.

Date of Adoption
February 4, 1974
Date of Revision
November 3, 2003
December 3, 2018
Reaffirmed
May 3, 2010

3623: Professional Services - Project Manager

3623: Professional Services - Project Manager holly Tue, 07/02/2019 - 10:00

 

The District may employ the services of a project manager to supervise construction and/or renovation projects when such services would be in the best interest of the District.  Such project manager shall represent the interests of the District exclusively and shall have no financial business or other relationships with architects, engineers, contractors, manufacturers or suppliers that could create a conflict of interest with the District on such projects.

Date of Adoption
November 17, 2003
Reaffirmed
May 3, 2010
October 1, 2018

3631: Construction Site - Acquisition

3631: Construction Site - Acquisition holly Tue, 07/02/2019 - 10:17

 

Real property acquisition for school purposes shall proceed in the following manner:

I. The proposed property shall be evaluated by an architect or engineer to determine whether or not such property is suitable for its intended purpose.

II. The property shall be appraised by a certified real estate appraiser.

III. Acquisition of the property shall be made by purchase or eminent domain proceedings pursuant to law.

Date of Adoption
February 4, 1974
Date of Revision
November 17, 2003
Reaffirmed
May 3, 2010
September 4, 2018

3632: Construction Site - Landscaping

3632: Construction Site - Landscaping holly Tue, 07/02/2019 - 10:21

 

To the extent permitted by site topography and site improvements and where economically feasible, all desirable trees, shrubs, and vegetation shall be preserved.

Date of Adoption
February 4, 1974
Date of Revision
November 17, 2003
Reaffirmed
May 3, 2010
September 4, 2018

3641: Construction Procedures - Delivery System

3641: Construction Procedures - Delivery System holly Tue, 07/02/2019 - 10:24

The District shall bid every project for the construction, remodeling, or repair of any school-owned building or for site improvements when the contemplated expenditures for such project exceed the statutory limitations. 

The District, in lieu of the traditional Design-Bid-Build delivery system, may also use the Construction Manager at Risk project delivery system pursuant to the Political Subdivisions
Construction Alternatives Act for those projects that the District finds and determines to be in the best interests of the District for select projects.


Prior to construction or renovation of buildings and sites the District shall make a determination of the delivery system by which it will obtain construction services. The District may elect to use the Construction Management at Risk delivery system as well as the traditional Design-Bid-Build
delivery system.

Each bid shall be accompanied by a bid bond or certified check in the amount of five percent (5%) of such bid. 

The bidding procedures shall comply with the requirements of state law. 

Date of Adoption
December 15, 2003
Date of Revision
November 5, 2018
April 20, 2020
Reaffirmed
May 3, 2010

3641.1: Construction – Construction Management at Risk

3641.1: Construction – Construction Management at Risk jmcarson1 Fri, 04/24/2020 - 10:01

This applies to those construction projects that the District determines to use the construction management at risk (CMR) construction delivery process.

Construction management at risk contract means a contract by which a construction manager (a) assumes the legal responsibility to deliver a construction project within a contracted price to the District; (b) acts as a construction consultant to the District during the design development phase of the project when the District’s architect or engineer designs the project; and (c) is the builder during the construction phase of the project.

The District shall follow all requirements in the selection of a CMR, including, but not limited to, those set forth in this Rule and as provided by law.

The District shall comply with all required filings with the Nebraska Department of Education related to CMR processes.

The Superintendent or designee shall promulgate CMR regulations detailing the following procedures.

Following the acquisition of professional architectural or engineering services as required for the select project, the District shall publish a request for letters of interest which shall be published in a newspaper of general circulation within the District at least thirty days prior to the deadline for receiving letters of interest and send such request for letters of interest by first-class mail to any prospective construction manager upon request.

Letters of interest shall be reviewed by the District in consultation with the architect/engineer. The District shall select at least three prospective construction managers, except that if only two prospective construction managers have submitted letters of interest, the District shall select at least two prospective construction managers. The selected prospective construction managers shall then be considered pre-qualified and eligible to receive requests for proposals.

After selecting pre-qualified construction managers, the District shall prepare a request for proposals for each CMR contract at least thirty days prior to the deadline for receiving and opening proposals. Notice of the request for proposals shall be published and filed as required by law. The request for proposals shall be sent only to the construction managers selected under the pre-qualification procedures of this policy. The request for proposals shall contain all elements required by law.

Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the request for proposals. Proposals may be withdrawn at any time prior to acceptance. The District shall have the right to reject any and all proposals except for the purpose of evading the provisions and policies of the Nebraska Schools Construction Alternatives Act.

The District shall evaluate and rank each proposal on the basis of best meeting the criteria in the request for proposals and taking into consideration the recommendation of the selection committee. The selection committee shall be a group of at least five persons designated by the District and shall include, at a minimum, the following:
1. A member of the Board;
2. A member of the school administration or staff;
3. The school’s architect or engineer;
4. Any person chosen by the District for providing expertise relevant to selection of a construction manager under the Nebraska Schools Construction Alternatives Act; and
5. A resident of the District not included in the four preceding subsections.

A member of the selection committee designated under subdivision (4) or (5) of this subsection shall not be employed by, or have a financial or other interest in, a construction manager who has a proposal being evaluated and shall not be employed by the District or the District’s architect/engineer.

The selection committee shall evaluate proposals, taking into consideration the criteria enumerated with the maximum percentage of total points for evaluation which may be assigned to each as required by law.

The selection committee shall keep and maintain minutes and permanent records of the committee proceedings.

In the event of a dispute, an interested party may submit a written protest to the Superintendent or the Superintendent’s designee. The protest shall be submitted on company letterhead. Protests based on alleged improprieties in a solicitation or other request for proposals must be filed at least five (5) days before the closing date for the receipt of proposals. In all other cases, the protest must be filed within five (5) working days following the selection of the CMR. To expedite the handling of protests, the envelope containing the protest should be clearly labeled “Protest.” The written protest shall include at a minimum the following:

1. The name and address of the interested party;
2. An appropriate identification of the relevant solicitation;
3. A statement of the reasons for the protest; and
4. Supporting evidence or documents to substantiate any claims.

The Superintendent or designee shall decide whether or not the award of the contract shall be delayed or whether the performance of the contract should be suspended while evaluating the protest of an interested party. The Superintendent or designee shall issue a decision to any protest within ten (10) working days. The decision of the Superintendent or his designee shall be final.

The District shall attempt to negotiate a construction management at risk contract with the highest ranked construction manager and may enter into a construction management at risk contract after negotiations. If the District is unable to negotiate a satisfactory contract with the highest ranked construction manager, the District may terminate negotiations with that construction manager and undertake negotiations with the next highest ranked construction manager and may enter into a construction management at risk contract after negotiations.

A construction management at risk contract may be conditioned upon later refinements in scope and price and may permit the District, in agreement with the construction manager, to make changes in the project without invalidating the contract.

Date of Adoption
April 20, 2020
Date of Revision
October 5, 2020

3642: Construction Procedures - Contracts

3642: Construction Procedures - Contracts holly Tue, 07/02/2019 - 10:28

The District shall use the appropriate standard contract forms published by the American Institute of Architects (AIA) for its construction projects. Such forms may be amended in whole or in part upon recommendation of legal counsel.

Such contracts shall provide: (1) that the contractor provide a certificate of insurance with coverage determined appropriate by the District, (2) that no tobacco products or e-cigarette type products may be used in District facilities or on grounds owned, leased, or operated by the District, and (3) that all workers will wear District-provided security badges as directed by the District.

Prior to the District issuing security badges to employees of contractors and any subcontractors who will be doing work at District facilities or on grounds owned, leased or operated by the District, such employees must receive security clearance, which includes passing a criminal background check conducted by a District-approved background check company. The contractor and/or subcontractor shall be responsible for compliance, which shall include submitting the names of employees to the background check company at least two weeks in advance of the anticipated start date of any work or project at a District facility or on grounds owned, leased or operated by the District, the payment of all costs for conducting the background check and permitting only those employees who receive proper security clearance to work at District facilities.

Date of Adoption
October 18, 2004
Date of Revision
October 21, 2013
April 21, 2014
Reaffirmed
October 18, 2004
February 3, 2020

3642.1: Background Check Procedures - Contracts

3642.1: Background Check Procedures - Contracts holly Tue, 07/02/2019 - 10:32

I. All employees of contractors and/or subcontractors must receive proper security clearance prior to working at a District facility and to receive a District-issued security badge. 

II. At least two weeks prior to the anticipated start date of any work at a District facility or on grounds owned, leased or operated by the District, all contractors and subcontractors shall submit the names of all employees who will be working on the project to a District-approved background check company in order to receive proper security clearance for a District security badge. The District may, but is not required to, excuse the employees of any contractor or subcontractor from a criminal background check, if an employee has previously received security clearance to work at District facilities during a two-year period prior to the anticipated start date of the project. Any employee who does not pass the District’s security requirements shall not receive a security badge and shall not be permitted to work at a District facility or on grounds owned, leased or operated by the District.

III. To receive proper security clearance and be issued a District security badge, the criminal background check must show that the employee of a contractor or subcontractor has:

1. No felony convictions (where the court’s jurisdiction is continuing or ended less than seven years ago) for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;

2. No felony charges pending court adjudication or disposition for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;

3. No misdemeanor convictions (where court jurisdiction is continuing or ended less than five years ago) for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;

4. No misdemeanor charges pending court adjudication or disposition for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses.

IV. Once the criminal background check is completed, the contractor and/or subcontractor is responsible for providing a list of employees who have passed the criminal background check to the District prior to the District issuing a Notice to Proceed with the project or prior to the District approving the commencement of any work at a District facility or on District property. 

V. After the commencement of the work or project at a District facility or on District property, all contractors and subcontractors shall self-report to the District and the District-approved background check company any subsequent criminal arrests and convictions, or any unknown prior criminal arrests or convictions that were not known prior commencement of the work or project, for any offense described in this rule, of an employee working at a District facility or on District property. Such obligation to self-report any subsequent criminal arrests or convictions is to ensure the safety and security of the Districts students, visitors, employees, property and equipment and such obligation shall continue throughout the term of the contractor’s and/or subcontractor’s contract. 

VI. The employees of a contractor and/or subcontractor shall comply with all District rules and policies. The District reserves the right to revoke a security badge and to remove any employee of a contractor or subcontractor from school property if an employee is not wearing the security badge, has violated any District policy or rule, is being disruptive to the educational environment, or is deemed to be a threat to the safety of the students or District employees in the District’s sole discretion. 

VII. The District reserves the right to terminate the contract of any contractor or subcontractor if the contractors’ or subcontractors’ employees fail to wear security badges, are consistently disruptive while working on District property, or if such vendor or contractor refuses to abide by the District’s directive to remove an employee from school property.

Date of Adoption
October 21, 2013
Reaffirmed
February 3, 2020

3643: Procedures - Naming Facilities

3643: Procedures - Naming Facilities holly Tue, 07/02/2019 - 10:35

Responsibility for naming all schools and portions of existing facilities, indoor and outdoor, rests with the Millard Board of Education.

Date of Adoption
September 17, 1979
Date of Revision
July 26, 1999
March 15, 2004
Reaffirmed
May 3, 2010
October 1, 2018

3643.1: Procedures - Naming Facilities

3643.1: Procedures - Naming Facilities holly Tue, 07/02/2019 - 10:45

A committee of the Board, appointed by the Board President, will consider all suggestions offered and will make a recommendation to the Board of Education. The chairperson of the committee shall be appointed by the Board President.  The chairperson shall determine the timelines, schedules and name collection procedures for completing the committee’s assignment. The committee may solicit names from the community or from members on the committee.  In considering names for the facility, the committee shall consider individuals, living or deceased, who have contributed to education, the community, the District, the city, the state, or the country. Consideration may also be given to geography, location of subdivision, former owners of the property on which the building is situated, or major financial contributors to a particular project or the District.

Buildings that may be named include new school buildings, existing school buildings or facilities that have not been named after an individual; outdoor facilities, including stadiums and facilities within the building such as a media center, gymnasium, or auditorium. Facilities that currently exist and are named after an individual will not be rededicated or renamed unless the facility is relocated to a new site or a different purpose is designed for an existing facility. Facilities that have been dedicated and named for locations, geography, subdivisions, former owners of the property on which the building is situated, may be renamed and rededicated by action of the Board. Facilities within existing buildings that are not currently named or dedicated may be named in accordance with this policy.

Date of Adoption
July 26, 1999
Date of Revision
March 15, 2004
September 19, 2016
Reaffirmed
May 3, 2010
October 1, 2018

3644: Procedures - Dedication Plaques

3644: Procedures - Dedication Plaques holly Tue, 07/02/2019 - 10:58

All major building projects will be identified by a suitable plaque(s) identifying the project, year completed, the names of the board members, superintendent, architectural firm, project manager, general, mechanical and electrical contractors.

Date of Adoption
November 21, 1977
Date of Revision
July 26, 1999
March 15, 2004
Reaffirmed
May 3, 2010
September 17, 2018

3644.1: Procedures - Dedication Plaques

3644.1: Procedures - Dedication Plaques holly Tue, 07/02/2019 - 11:02

Officers of the Board of Education at the time the contract is awarded will be listed, followed by other board members. Members who join the Board during construction of the building will be included on the list.

Date of Adoption
November 7, 1977
Date of Revision
July 26, 1999
March 15, 2004
Reaffirmed
May 3, 2010
September 17, 2018

3645: Procedures - Change Orders

3645: Procedures - Change Orders holly Tue, 07/02/2019 - 11:05

When board-approved plans and specifications of contracts for construction, remodeling, or renovation of district facilities are amended by change order, the change order shall be issued in accordance with the contracts to which the District is a party and shall be in accordance with the rules, regulations, and standards established by the Board of Education.

The rules, regulations, and standards shall provide the Board of Education with timely knowledge of the change orders and ensure that any expenditure of district funds will be pursuant to Board of Education approval.

Date of Adoption
May 18, 1998
Date of Revision
October 18, 2004
Reaffirmed
May 3, 2010
September 17, 2018

3645.1: Procedures - Change Orders

3645.1: Procedures - Change Orders holly Tue, 07/02/2019 - 11:08

The following procedures shall be followed with respect to the administration of board-approved construction, renovation, and remodeling of capital improvements of the District (hereinafter referred to as "construction"). 

I. Definitions 

For purposes of this Rule, the following definitions shall apply: 

A. "Superintendent's Construction Review Committee" shall mean a committee established by the superintendent to receive construction reports and other communications from the owner's representative(s) and to make decisions under the provisions of this Rule on construction related matters. 

B. "Time is of the Essence" shall mean that time is a material condition in a construction contract and delay in the performance of the contract could disrupt the orderly progress of the construction, affect the operations of the District, or affect the cost of construction. 

C. "Owner's Representative(s)" shall mean the construction manager(s), architect(s), engineer(s), or consultant(s) employed by the district to assist with the construction. 

II. Incorporation of Rule Into Contracts and Agreements 

All contracts or agreements between the District and the construction manager(s), architect(s), engineer(s), or consultant(s) shall incorporate this Rule. 

III. Change Orders Changing Cost of Construction $10,000 or Less 

A. Change Orders either increasing or decreasing the contract amount by $10,000 or less may be approved by the Superintendent or his/her designee upon the recommendation of the owner's representative(s) having the duty and responsibility to make the recommendation to the District. 

B. The Change Order shall not require prior approval of the Board of Education but shall be reported to the Board of Education at one of its regularly scheduled meetings or special meetings within ninety days of such approval. 

IV. Change Orders Increasing or Decreasing the Cost of Construction in an Amount Exceeding $10,000: 

A. Where Time Is of the Essence: Where time is of the essence, proposed Change Orders may be approved by the Superintendent or his/her designee without prior presentation to the Board of Education if: 

1. The owner's representative(s) with the responsibility of submitting recommendations for Change Orders to the District determines that time is of the essence and that the decision on the Change Order cannot reasonably be delayed for submission to and consideration by the Board of Education, and submits its determination in writing to the Superintendent, and 

2. The Superintendent or his/her designee determines that time is of the essence and that a decision in the Change Order cannot reasonably be delayed for submission to and consideration by the Board of Education prior to the approval of the Change Order, and 

3. Both the owner's representative(s) and the Superintendent or his/her designee agree that the Change Order is reasonable and necessary, and 

4. In the event the superintendent or his/her designee, in consultation with the Superintendent's Construction Review Committee and the owner's representative(s) are of the opinion that the proposed cost, scope, or effect of the Change Order is not reasonable or beneficial to the district, the contractor may be directed to proceed with the change proposed subject to a determination of cost at a later date. 

Change Orders under this subparagraph shall be reported to the Board of Education at one of its regularly scheduled or special meetings within ninety days of the approval of the Change Order by the Superintendent or his/her designee. 

B. Where Time is Not of the Essence: 

Change Orders where time is not of the essence shall be submitted to the Board of Education for consideration, approval, or rejection at a regularly scheduled or special meeting of the Board of Education in such form as the Board my require. 

V. Material Changes: 

Notwithstanding any other provisions of this Rule, no Change Order may be approved which materially changes the scope of a construction project without prior approval of the Board of Education. 

VI. Execution of Documents: 

Change Order documents may be executed by the Superintendent or his/her designee, and, the Chief Financial Officer is designated to so act on behalf of the Superintendent.

Date of Adoption
May 18, 1998
Date of Revision
October 18, 2004
September 17, 2018
Reaffirmed
May 3, 2010

3646: Construction Procedures - Closing

3646: Construction Procedures - Closing holly Tue, 07/02/2019 - 11:11

 

The administration shall report to the board of education when a board-approved project reaches "substantial completion."  Thereafter, the project may be closed out and final payments made to contractors when the following conditions are met:

  1. Each contractor has satisfactorily addressed all "punch list" items remaining at the time of substantial completion.
  2. Each contractor has provided satisfactory "as built" drawings to the District or its architect.
  3. Each contractor has provided warranty certificates, operations and maintenance manuals and all other required documents related to the project.
  4. Each contractor has provided the required training to district personnel and has met all other requirements for the project.


Upon closing, all documents and other information related to the project shall be organized, maintained, and preserved in the District's construction records

Date of Adoption
October 18, 2004
Reaffirmed
May 3, 2010
November 5, 2018

3711: Food Services - Program USDA/NDE

3711: Food Services - Program USDA/NDE holly Tue, 07/02/2019 - 11:13

 

The District shall participate in and comply with all requirements of the National School Lunch and Breakfast Program administered by the United States Department of Agriculture (USDA) and the Nebraska Department of Education (NDE).

Date of Adoption
April 7, 1975
Date of Revision
April 15, 2005
Reaffirmed
October 15, 2012
September 3, 2019

3712: Food Services - Management

3712: Food Services - Management holly Tue, 07/02/2019 - 11:15

 

The District may engage the services of a food service management company to assist with the management of its food service program. The procedures for the selection of such food service management company shall comply with the requirements of the National Breakfast and School Lunch Program.

Date of Adoption
August 15, 2005
Reaffirmed
October 15, 2012
September 3, 2019

3713: Food Services - Committee

3713: Food Services - Committee holly Tue, 07/02/2019 - 11:18

The District shall establish a Nutrition & Wellness Committee which shall be composed of students, parents, teachers, food service personnel, and others as determined by the administration. Such committee shall meet at least twice per year and make recommendations to the administration with regard to the District's programs related to nutrition and wellness.

The committee shall be composed of the following members:
I. The chief financial officer
II. A minimum of five parents selected by the superintendent or designee
III. A minimum of three student representatives selected by the superintendent or designee
IV. The curriculum facilitator for K-12 physical education
V. The curriculum facilitator for K-5 health education
VI. The curriculum facilitator for 6-12 health education
VII. The general manager for K-12 food service
VIII. Four building principals selected by the superintendent or designee
IX. The executive director or designee of the Millard Public Schools Foundation

The chief financial officer shall serve as the chair of the committee.
 

Date of Adoption
August 15, 2005
Date of Revision
March 17, 2008
November 4, 2019
Reaffirmed
October 15, 2012

3713.1: Program - Committee

3713.1: Program - Committee holly Tue, 07/02/2019 - 11:20

Pursuant to the requirements of the National School Lunch Program, the following rules, guidelines, and requirements are adopted for the administration of the District’s wellness policy and for the operation of the District’s Nutrition & Wellness Committee:

1.0 Participation

1.1 In addition to representation on the District’s Nutrition & Wellness Committee as provided in Policy 3713, parents, staff, students, and others in the general public shall be provided an opportunity to participate in the development, implementation, review, and update of the local wellness policy as follows: 

1.1.1 The District’s website shall provide a link to an electronic means for individuals to share their thoughts, opinions, information, and suggestions with regard to the development, implementation, review, and update of the District’s wellness policy. 

1.1.2 The committee(s) established by the District to review and revise its curricula related to health and physical education shall share the information such committee(s) received during their review processes with the District’s Nutrition & Wellness Committee.

2.0 Leadership 

2.1 At the building level, the building principal shall have the authority and responsibility to ensure that his/her building is in compliance with the District’s wellness policies, rules, and procedures. 

2.2 At the District level, the superintendent or designee shall have the authority and responsibility for ensuring compliance with the District’s wellness policies, rules, and procedures.

3.0 Communications 

3.1 All required communications related to the District’s wellness policy shall be conducted via the District’s website or some other reasonable avenue of communication approved by the superintendent or designee. 

3.2 The District may, at its discretion, also communicate optional information related to nutritional and wellness via its website or some other reasonable avenue of communication approved by the superintendent or designee.

4.0 Specific Goals 

4.1 Sleep: Students will synthesize the benefits of sleep by incorporating these behaviors in order to ensure a healthy sleep routine. Progress will be monitored in a designated middle school course. 

4.2 Exercise: Students will synthesize the benefits of vigorous exercise by incorporating these behaviors into their lifestyle. Progress will be measured in a designated middle school course. 

4.3 Nutrition: Students will synthesize the benefits of healthy, balanced eating habits by adopting healthy food choices. Progress will be measured in a designated middle school course. 

4.4 Stress: Students will synthesize the impact of stress by participating in ways that will enhance behaviors and eliminate and/or reduce health risks. Progress will be measured in a designated middle school course.

5.0 Nutrition Guidelines 

5.1 The nutrient content of all foods and beverages served in the District’s breakfasts, lunches, and a la carte shall be consistent with the nutritional standards for such programs. 

5.2 The nutrient content of all other foods and beverages sold to students during the school day shall also be consistent with such standards. Pursuant to federal regulations, the term “School Day” shall include the time from midnight and until thirty- minutes after classes have been dismissed for the day.

6.0 Outside Food & Beverages 

6.1 Outside foods and beverages (e.g., foods and beverages brought into the schools by parents or others for birthday parties, classroom snacks, incentive programs, etc.) shall meet the following provisions: 

6.1.1 Distribution of outside foods and beverages must receive prior approval from the building principal. Except as specifically approved by the building principal, such foods and beverages must be commercially purchased and packaged and shall not be distributed beyond the expiration date noted on the package. 

6.1.2 The building principal shall have the authority to prohibit distribution of any and/or all outside foods and beverages in his/her building. 

7.0 Marketing/Advertising 

7.1 Marketing and advertising for foods and beverages during the school day shall be limited to those items that meet the Smart Snacks in School nutrition standards. 

8.0 Evaluation 

8.1 The District shall assess its wellness policies, rules, and procedures at least once every three years to determine: 

8.1.1 The extent to which buildings are in compliance with the district’s policies, rules, and procedures. 

8.1.2 The extent to which the District’s policies, rules, and procedures compare to model policy, rules, and procedures. 

8.1.3 The progress made by students in attaining the goals noted hereinabove. 

8.2 The District shall make its assessment results available to the public via its website or via some other reasonable means of communication.

Date of Adoption
June 5, 2006
Date of Revision
November 5, 2012
June 5, 2017
November 4, 2019

3714: Program - Offerings

3714: Program - Offerings holly Tue, 07/02/2019 - 11:23

The District shall offer food services to the students in all of its elementary, middle, and high school buildings (unless exempted by rules promulgated under this policy). Food service offerings shall be Food - based and shall minimize or eliminate the availability of foods of minimal nutritional value (as defined by the USDA’s National School Lunch and Breakfast Program).

Date of Adoption
August 15, 2005
Date of Revision
March 19, 2013
Reaffirmed
May 6, 2019

3714.1: Program - Offerings

3714.1: Program - Offerings holly Tue, 07/02/2019 - 11:24

I. The following definitions shall apply to this Rule: 

A. “A la carte” shall mean individually priced food items (i.e., protein, fruits, vegetables, grains, and milk). Multiple a la carte items purchased at the same time may constitute a qualified meal if the combination of multiple items meets the United States Department of Agriculture (USDA) requisites. 

B. “Competitive foods” shall mean edible products and/or beverages sold or distributed in or on school owned property when such products and/or beverages are not a part of the District’s food service program. 

C. “Foods of minimal nutritional value (FMNV)” shall mean soda water, water ices, chewing gum, and certain candies (e.g., hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy coated popcorn) as defined by the USDA. 

D. “Qualified meal” shall mean a meal which meets the requisites for a reimbursable meal under the USDA’s National School Lunch and Breakfast Program. 

E. “Snacks” shall mean food or beverage items that are not a component (i.e., protein, fruit, vegetable, grain, or milk) of a qualified meal. 

 

II. General Provisions 

A. All students in the District shall have access each school day to both breakfast and lunch programs. 

B. A la carte and snack items may be offered to students under the following restrictions: 

    1. Elementary Schools: With the exception of milk, a la carte and snack items may be purchased only after the student has first purchased a qualified meal. 

    2. Middle Schools: With the exception of milk, a la carte and snack items may be purchased only after the student has first purchased a qualified meal while school is in session. When school is not in session students may purchase a la carte items without a qualified meal purchase.     

    3. High Schools: Students shall not be required to purchase a qualified meal prior to purchasing a la carte and snack items. 

C.The procedures of the District’s food service program shall provide multiple ways for students to select their meal items to create a meal package that constitutes a qualified meal. 

D. Classroom snacks may, if approved by the building principal, be given to students at any time during the school day other than 30 minutes before and after those times when qualified breakfasts or lunches are being served. Birthday parties, holiday events, and all other activities held during the school day shall be subject to this provision. 

E. In elementary schools, deep-frying shall not be used as a method of on-site preparation of food. Flash-fried foods from the manufacturer may be served if such foods are heated on-site by a means other than deep-frying. 

F. Restrictions on FMNV 

    1.No foods of minimal nutritional value (FMNV) shall be sold or served to students the midnight before to 30 minutes after the end of the official school day. 

    2. The restriction on selling or serving FMNV shall not apply to the following: 

        a. Foods or beverages sold or served as part of a limited fundraising activity or other school-related activity approved by the building principal. Such items may be sold during school days other than 30 minutes prior, during, and 30 minutes after those times when qualified breakfasts or lunches are being served. “Limited fundraising” shall be defined by FNS NDE. 

        b. Foods or beverages dispensed by a nurse to students during the course of providing healthcare to the student. 

        c. Foods or beverages dispensed to a special needs student pursuant to the student’s individual education plan (IEP). 

        d. Foods or beverages served to students as part of the curriculum (e.g., cultural heritage presentation). 

        e. Foods or beverages on field trips or other activities held off school grounds. 

        f. Foods or beverages which are brought to school by a student for the purpose of the student’s personal consumption. 

 

III. Nutritional Standards 

A. Food items shall meet all requirements set by the USDA for the National School Lunch and School Breakfast Programs: Nutritional Standards For All Foods Sold in schools, as required by the Healthy, Hunger-Free Kids Act of 2010. 

B. All items sold that are defined as “competitive foods”, must meet all guidelines provided by Food and Nutritional Services, USDA, 7 CFR, Parts 210 and 220. 

 

IV. Serving Portions 

Serving portions shall meet all requirements set by the USDA for the National School Lunch and School Breakfast Programs: Nutritional Standards For All Foods Sold in schools, as required by the Healthy, Hunger-Free Kids Act of 2010.

Date of Adoption
August 15, 2005
Date of Revision
August 17, 2009
March 19, 2013
May 6, 2019

3715: Program - Finances

3715: Program - Finances holly Tue, 07/02/2019 - 11:29

 

The prices established for the sale food and beverages in the food service program shall be such that the revenues received shall at least offset the direct expenditures of the program.

Date of Adoption
August 15, 2005
Reaffirmed
October 15, 2012
September 16, 2019

3716: Program - Credit Card Payments

3716: Program - Credit Card Payments holly Tue, 07/02/2019 - 11:31

The District’s food service program shall provide a means for students/parents to make credit card payments into a student’s food service account. 

Date of Adoption
August 1, 2005
Date of Revision
November 5, 2012
January 6, 2020

3717: Program - Reports

3717: Program - Reports holly Tue, 07/02/2019 - 11:33

 

At least annually, a report shall be filed with the board of education regarding the operations of the food service program. Such report shall include, among other things, information on the following: (1) program finances, (2) student participation, and (3) recommendations, if any, from the District's Nutrition and Wellness Committee.

Date of Adoption
August 15, 2005
Reaffirmed
October 15, 2012
September 16, 2019

3718: Program - Beverages

3718: Program - Beverages holly Tue, 07/02/2019 - 11:34

All beverages sold in the school buildings in the District shall comply with the beverage policy stated in the nutrition standards for all foods sold in school required by the Healthy, Hunger Free Kids Act.

Date of Adoption
July 9, 2007
Date of Revision
September 18, 2017

3718.1: Program - Beverages

3718.1: Program - Beverages holly Tue, 07/02/2019 - 11:35

I. The following beverage offerings comply with the beverage policy stated in the nutrition standards for all foods sold in school required by the Healthy, Hunger Free Kids Act and may be sold in the District’s schools: 

A. Elementary Schools 

1. Water- Plain, with or without carbonation; any size

2. ≤8 oz. servings of milk and 100% juice 

a. Skim, flavored skim, 1% unflavored and nutritionally equivalent (per USDA) milk alternatives 
b. 100% fruit or vegetable juice, with or without carbonation 
c. 100% fruit or vegetable juice diluted with water, with or without carbonation and no added sweeteners 

B. Middle Schools 

1. Water- Plain, with or without carbonation; any size

2. ≤12 oz. servings of milk and 100% juice

a. Skim, flavored skim, 1% unflavored and nutritionally equivalent (per USDA) milk alternatives 
b. 100% fruit or vegetable juice with or without carbonation 100% fruit or vegetable juice diluted with water, with or without carbonation and no added sweeteners 

C. High Schools

1. Water- Plain, with or without carbonation; any size

2. No calorie and low calorie beverages with or without caffeine and/or carbonation; calorie free, flavored water 

a. ≤ 12 fl oz. “lower calorie” maximum 40 cal/8 fl oz. Maximum 60 cal/12 fl oz. 
b. ≤ 20 fl oz. “no calorie” less than 5 cal/8 fl oz…Maximum 10 cal/20 fl oz.

3. ≤12 oz. servings of milk and 100 juice

a. Skim, flavored sim 1% unflavored and nutritionally equivalent (per USDA) milk alternatives 
b. 100% fruit or vegetable juice with or without carbonation and 
c. 100% fruit or vegetable juice diluted with water, with or without carbonation and no added sweeteners

II. The above requirements apply to beverages sold on school grounds during the regular day as defined by the USDA.

Date of Adoption
July 9, 2007
Date of Revision
September 18, 2017

3719: Procedure for Student Lunch/Meal Accounts

3719: Procedure for Student Lunch/Meal Accounts holly Tue, 07/02/2019 - 11:38

 

In accordance with the National School Lunch Program, the District shall adhere to the following meal charge procedures: 

1. The District shall provide all students with a reimbursable meals without restriction. A reimbursable meal is defined as a meal consisting of the current day’s offerings and qualifying as a reimbursable meal pursuant to the Healthy Hunger Free Kids Act. 

2. All cafeteria purchases are to be prepaid by all full pay and reduced meal benefit students before meal services begin in accordance with processes adopted by the District’s food service department. 

3. A reimbursable meal, if requested by the student, will not be denied regardless of any request by the parent/guardian. Parents/guardians are responsible for payment of reimbursable meals requested by a student. 

4. A full pay or reduced meal benefit student who has not prepaid for a meal will not be denied a reimbursable meal at lunch or breakfast consisting of the current day’s offering, provided that the student will not be permitted to buy or charge “a la carte” items in addition to the standard reimbursable meal. 

5. The food service staff shall coordinate communications with parent(s)/guardian(s) to resolve the matter of unpaid charges. In the event that a student has an outstanding negative balance of $30 or more in his/her lunch/meal account, the District may take reasonable actions to collect unpaid funds including through collection agencies, small claims court, or any other legal method deemed necessary by the District.

Date of Adoption
July 10, 2017

3811: Transportation - Students - Regular Education

3811: Transportation - Students - Regular Education holly Tue, 07/02/2019 - 11:41

The District shall provide student transportation services as required by law and may, at its discretion, provide additional student transportation services that are not required by law. The District may charge for such additional transportation services.

Private vendors may be contracted to provide all or a portion of the District’s student transportation services.

All transportation services provided under this policy shall comply with state and federal law.

Date of Adoption
April 23, 2007
Reaffirmed
August 1, 2016
October 2, 2017

3811.1: Transportation - Students - Regular Education

3811.1: Transportation - Students - Regular Education holly Tue, 07/02/2019 - 11:44

I.    The District shall provide the following student transportation services to students at the elementary school level:

A.    Any elementary students who live more than two miles from their assigned schools shall be provided free transportation services to such schools. 

B.    The Board of Education may, in its sole discretion, approve additional free transportation services for students who reside within two miles of their assigned school, however, there shall be no bus stops located within a one-mile radius of the main entrance of such elementary school.  Students residing within such one-mile radius may, if they so choose, walk to a regularly scheduled bus stop (beyond one mile) to board and ride such bus.

C.    The location and spacing of bus stops (consistent with the foregoing) shall be determined by the superintendent (or designee).

D.    In areas where there is no District-provided transportation service, parents may, at their expense, seek to contract for such services directly with the District’s contracted transportation service provider (or any other transportation provider).

II.    The District shall provide the following student transportation services to students at the middle school level:

A.    The District shall arrange transportation services for all middle school students who live more than two miles from their assigned schools. There shall be a charge for such transportation. The charge for such services shall be determined annually by the District. The charge may (but need not be) sufficient to recover the full cost for such services.

B.    No transportation services shall be arranged by the District for students living within two miles of their assigned schools, however, the parents of such student may, at their expense, seek to contract for such services with the District’s contracted transportation service provider (or any other transportation provider).

C.    Any middle school student who lives in a subdivision that was reassigned to another middle school further from the subdivision than its original school shall be provided transportation services to his/her assigned school provided that such services were approved by the Board of Education at the time of such reassignment

III.    The District shall provide the following student transportation services to students at the high school level:

A.    The District shall provide transportation services free of charge to any student who lives more than four miles from his/her assigned school. However, the District may, at its sole discretion, elect to provide mileage reimbursement to any or all such qualifying students in lieu of transportation. The mileage reimbursement rate for such shall be as prescribed by state law.

B.    No transportation services shall be provided by the District for students living within four miles of their assigned high schools, however, the parents of such students may, at their expense, seek to contract for such services with the District’s contracted transportation service provider (or any other transportation provider).

IV.    Unless otherwise required by law, the District shall not provide transportation services to in-District transfer students (i.e., those students who, at their request, are permitted to attend a school other than the school to which they would have been assigned based upon the location of their residence).

V.    Parents who use private transportation service providers to transport their students to or from school, assume all risks and are responsible for all safety precautions associated therewith, including but not limited to instructing their students on safety and safety precautions. The District and school staff do not screen, select or approve such private transportation service providers, do not request identification from the drivers, and do not supervise the drivers or the pickups, the drop offs, or the transportation.

 

Date of Adoption
April 23, 2007
Date of Revision
May 2, 2011
May 1, 2023
Reaffirmed
October 2, 2017

3812: Transportation - Students - Special Education

3812: Transportation - Students - Special Education holly Tue, 07/02/2019 - 11:47

 

The District shall provide transportation services to special education students who qualify for such services under state and/or federal law.

The District shall also provide transportation services to special education students who are required to attend a program in a school other than the school to which they would have been assigned based upon the location of their residence. 

All transportation services provided under this policy shall comply with state and federal law.

Date of Adoption
April 23, 2007
Reaffirmed
February 20, 2017

3813: Transportation - Students - Homeless

3813: Transportation - Students - Homeless holly Tue, 07/02/2019 - 11:49

The District shall provide transportation services to homeless students who qualify for such services under state and/or federal law.

Date of Adoption
April 23, 2007
Reaffirmed
March 21, 2016
September 25, 2023

3814: Transportation - Students - ELL

3814: Transportation - Students - ELL holly Tue, 07/02/2019 - 11:51

 

The District shall provide transportation services to students enrolled in the English Language Learner (ELL) program if such students are assigned to a program that is in a school other than the school to which they would be assigned based upon the location of their residence i.e., “neighborhood school”. 

The transportation for such students shall be from their neighborhood schools to their assigned schools unless compelling reasons exist for the administration to arrange otherwise. Such determination shall be made by and at the sole discretion of the Superintendent (or designee).

Date of Adoption
April 23, 2007
Date of Revision
November 5, 2018

3815: Transportation - Students - Private Vehicles

3815: Transportation - Students - Private Vehicles holly Tue, 07/02/2019 - 11:52

 

Any person using his/her vehicle to transport students for school-related activities shall carry insurance coverage on such vehicle in an amount equal to or greater than the minimum required by Nebraska law. 

Date of Adoption
April 23, 2007
Reaffirmed
March 21, 2016
September 25, 2023

3816: Transportation - Students - Bus Stops

3816: Transportation - Students - Bus Stops holly Tue, 07/02/2019 - 11:54

 

Students who utilize district transportation services shall be picked up and discharged only at locations designated by the District. Transportation vehicles shall not wait for tardy students beyond the scheduled pickup times for such designated locations.

Date of Adoption
April 23, 2007
Reaffirmed
March 21, 2016
October 9, 2023

3817: Transportation - Students - Discipline

3817: Transportation - Students - Discipline holly Tue, 07/02/2019 - 11:55

The student code of conduct shall extend to the District’s transportation services. Any disruptive behavior on school buses or vans shall be referred to the appropriate building principal (or designee).

A student’s transportation services may be suspended or revoked for serious or repeated violations of the student code of conduct. Insubordination towards the transportation driver shall be considered a violation of such code.

Date of Adoption
April 23, 2007
Reaffirmed
March 21, 2016
October 9, 2023

3821: Transportation - Drivers - Qualifications

3821: Transportation - Drivers - Qualifications holly Tue, 07/02/2019 - 11:57

 

All student transportation drivers employed by the District (or employed by a transportation contractor for the District) shall be at least 21 years of age and meet all of the requirements of state and federal law for such position. Additionally, all such drivers shall be subject to a satisfactory criminal background check and Nebraska motor vehicle check.

Any student transportation driver who is not subject to periodic or random drug testing under federal or state law shall submit to (and satisfactorily pass) an annual drug test arranged (and paid for) by the District.

“Student transportation driver” shall mean all regularly employed drivers employed by the District (or a contractor for the District) to transport students to school or to activities. “Regularly employed drivers” shall not include teachers, administrators, or other employees whose primary job assignment is other than transporting students.

Date of Adoption
April 23, 2007
Reaffirmed
March 21, 2016
October 9, 2023

3822: Transportation - Drivers - Training

3822: Transportation - Drivers - Training holly Tue, 07/02/2019 - 11:58

All student transportation drivers employed by the District (or employed by a transportation contractor for the District) shall receive and satisfactorily complete all training required by state and/or federal law.

The District’s administration may provide and require drivers to satisfactorily complete additional training that is not required by state and/or federal law.

Date of Adoption
April 23, 2007
Reaffirmed
August 1, 2016

3823: Transportation - Drivers - Responsibilities

3823: Transportation - Drivers - Responsibilities holly Tue, 07/02/2019 - 12:00

All student transportation drivers employed by the District (or employed by a transportation contractor for the District) shall be responsible for all requirements of such drivers as provided by state and federal law as well as the District’s policies, rules, and administrative directives.

Date of Adoption
April 23, 2007
Reaffirmed
February 20, 2017

3911: Risk Management Insurance Coverage – Property, Casualty, Liability, and Workers’ Compensation

3911: Risk Management Insurance Coverage – Property, Casualty, Liability, and Workers’ Compensation holly Tue, 07/02/2019 - 12:03

The District may purchase property, casualty, liability, workers’ compensation, and other forms of insurance as part of its risk-management program. In making decisions related to such purchases, the Superintendent (or designed) may engage the services of one or more consultants with expertise in the area(s) of insurance being considered.

Date of Adoption
December 7, 2009
Reaffirmed
December 4, 2017

3911.1: Employee Indemnification/Hold Harmless

3911.1: Employee Indemnification/Hold Harmless holly Tue, 07/02/2019 - 12:05

As a part of their job duties, district employees may administer medication to students in accordance with Rule 59 of the Department of Education and the Medication Aide Act. This may include non-medical professionals.

Employees who administer medication within the scope of their employment in accordance with the Medication Aide Act are generally covered by the District’s liability insurance. To the extent an employee is not fully covered by insurance for all potential losses in this regard, the District will indemnify and hold the employee harmless from all claims brought against the employee related to his/her administration of medication to a student that is within the scope of his/her employment at Millard Public Schools.

Date of Adoption
June 16, 2008
Date of Revision
December 4, 2017
Reaffirmed
April 17, 2017

3912: Insurance Coverage – Employee Benefits

3912: Insurance Coverage – Employee Benefits holly Tue, 07/02/2019 - 12:08

The District may purchase health, dental, life, long-term disability, and other forms of insurance to address its obligations under collective bargaining agreements or individual employee contracts. In making decisions related to such purchases, the Superintendent (or designee) may engage the services of one or more consultants with expertise in the area(s) of insurance being considered.

Date of Adoption
December 7, 2009
Reaffirmed
October 2, 2017

3921: Activity Limitations - Foreign Travel

3921: Activity Limitations - Foreign Travel holly Tue, 07/02/2019 - 12:10

No student travel shall be approved, sponsored, or endorsed in any way by the District (or any of its schools or organizations) if such travel is to countries other than the United States.

Date of Adoption
April 17, 2006
Date of Revision
July 12, 2021
Reaffirmed
September 15, 2014

3921.1: Activity Limitations - Foreign Travel

3921.1: Activity Limitations - Foreign Travel holly Tue, 07/02/2019 - 12:13

Pursuant to Policy 3921, the District does not sponsor, participate in or endorse any student travel outside of the United States. In furtherance of such policy, the following rules are established:

  1. If a private (non-school-related) organization desires to arrange private foreign travel, the organizational meetings for such travel should be held at non-school locations. However, if the private organization submits a request to use District facilities for such purposes, the request shall comply with the District’s facility use policies and procedures and the organization shall be treated as a for-profit organization. Further, within the first ten minutes and again during the last ten minutes of any meeting held on school property, the individual in charge of such meeting shall inform those in attendance that the travel is in no way sponsored, participated in or endorsed by the Millard Public Schools.

  2. No money for such private travel shall be deposited into or comingled with District funds nor shall any expenses for such private travel be paid out of District funds.

  3. No fundraising activities for such private travel shall be conducted on school grounds or as part of any District or school activity.

  4. No teacher, administrator, or other employee of the District shall, in his/her capacity as a District employee, promote private travel plans in his/her classroom, at school activities, or during any other time when the teacher is on duty with the District. Notwithstanding the foregoing, a teacher may, during the summer months when he/she is off contract with the District, provide services to a private organization conducting foreign travel tours.
Date of Adoption
April 17, 2006
Date of Revision
July 12, 2021
Reaffirmed
September 15, 2014

3922: Activity Limitations - Aircraft & Watercraft

3922: Activity Limitations - Aircraft & Watercraft holly Tue, 07/02/2019 - 12:15

With the exception of regularly scheduled commercial airlines and cruise ships, no activities that result in students riding in aircraft or watercraft shall be approved, supported, or endorsed by the District (or any of its schools or organizations), unless permission is granted by the Superintendent or his/her designee. The term “aircraft” shall include (but not be limited to) airplanes, sailplanes, hang gliders, and hot air balloons. The term “watercraft” shall include (but not be limited to) motor boats, sailboats, canoes, pontoons, and jet skis.

Date of Adoption
April 17, 2006
Date of Revision
June 7, 2021
Reaffirmed
September 15, 2014

3923: Activity Limitations - Travel Not Sponsored by the District

3923: Activity Limitations - Travel Not Sponsored by the District holly Tue, 07/02/2019 - 12:16

No student travel shall be approved, sponsored, or endorsed in any way by the District (or any of its schools or organizations) if such travel is not a school-sponsored and/or District-sponsored activity.

Date of Adoption
May 21, 2012
Reaffirmed
August 17, 2020

3923.1: Activity Limitations - Travel Not Sponsored by the District

3923.1: Activity Limitations - Travel Not Sponsored by the District holly Tue, 07/02/2019 - 12:20

The District does not sponsor nor endorse any student travel when such travel is not a school-sponsored and/or District-sponsored activity. 

If a private (non-school-related) organization desires to arrange private travel, the organizational meetings for such travel should be held at non-school locations. However, if the private organization submits a request to use District facilities for such purposes, the request shall comply with the District’s facility use policies and procedures and the organization shall be treated as a for-profit organization. Further, within the first ten minutes and again during the last ten minutes of any meeting held on District property, the individual in charge of such meeting shall inform those in attendance that the travel is in no way sponsored or endorsed by the District.

No money for such private travel shall be deposited into a District account nor shall any expenses for such private travel be paid out of District funds.

No private travel fundraising activities shall be conducted on District grounds, except as approved pursuant to the District’s facility use policies. No private travel fundraising activities shall be conducted or as part of any school activity.

No teacher, administrator, or other employee of the District shall, in his/her capacity as a District employee, promote private travel plans in his/her classroom, at school activities, or during any other time when the teacher is on duty with the District. Notwithstanding the foregoing, a teacher may, when he/she is not scheduled to work a contract day with the District, provide services to a private organization conducting private travel tours.

Date of Adoption
May 21, 2012
Date of Revision
August 17, 2020

4000: Human Resources

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

4000: General Personnel Policy Statement

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

 

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

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

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

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

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

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

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

VI.To provide an appropriate compensation and benefits program.

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

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

4001: Non-Discrimination and Harassment

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

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

The District shall provide an employment, teaching and learning environment free from unlawful harassment, including sexual harassment or harassment because of an individual’s sex. The District prohibits any and all forms of sexual harassment.

School Personnel violating this Policy shall be subject to disciplinary action. For purposes of this policy, the term “School Personnel” includes school board members, school employees, agents, volunteers, contractors, or any other person subject to the direct supervision and control of the District.

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

Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 4001.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 4001.3.

Date of Adoption
September 20, 2010
Date of Revision
July 9, 2018
November 16, 2020

4001.1: Non-Discrimination and Harassment

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

I. Unlawful Discrimination and Unlawful Harassment Prohibited. The District is committed to offering employment opportunities to its employees in an environment that is free from unlawful discrimination and unlawful harassment 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. 

Date of Adoption
August 16, 1982
Date of Revision
September 20, 1993
November 20, 1995
March 17, 1997
June 2, 2003
September 20, 2010
July 2, 2012
July 9, 2018
November 16, 2020

4001.2: Non-Discrimination and Harassment Complaint Procedure

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

A. All employees are responsible for helping the District to prevent unlawful discrimination and unlawful harassment. 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. 

Date of Adoption
September 20, 2010
Date of Revision
July 2, 2012
July 9, 2018
November 16, 2020

4001.3: Sexual Harassment Complaint Procedure

4001.3: Sexual Harassment Complaint Procedure jmcarson1 Tue, 11/17/2020 - 10:57

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.

        
 

Date of Adoption
November 16, 2020

4002: Service Animals

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

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

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

4002.1: Service Animals

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

I. Definition of a Service Animal. 

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

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

II. Work or Tasks of a Service Animal. 

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

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

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

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

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

4. Pulling: pulling a wheelchair, 

5. Seizure: assisting an individual during a seizure, 

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

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

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

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

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

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

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

III. Presence of Service Animals. 

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

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

IV. Removal of a Service Animal. 

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

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

2. The service animal is not housebroken, 

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

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

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

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

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

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

V. Control of the Service Animal. 

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

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

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

VI. Responsibility for Care and Supervision. 

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

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

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

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

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

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

VII. Miniature Horses. 

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

VIII. Inquiries. 

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

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

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

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

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

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

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

4005: Staffing

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

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

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

4005.1: Staffing - Class Size

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

Middle School and High School

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

Elementary

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

 

Class size needed           Grades for paraprofessional help*

         K-2                                                   25 

         3-5                                                   28 

    

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

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

4005.2: Staffing - New Buildings

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

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

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

4100: Recruitment, Selection, and Non-Discrimination

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

The District will employ the best qualified applicant for each position. The District does not unlawfully discriminate on the basis of race, color, religion, national origin, marital status, disability, age, sex, sexual orientation, gender, gender identity or on any other basis prohibited by federal, state, or local laws in admission or access to, or treatment of employment, in its programs and activities. The following person has been designated to handle inquiries regarding the discrimination and harassment policies: The Associate Superintendent of Human Resources, 5606 South 147th Street, Omaha, NE 68137 (402) 715-8200. The Associate Superintendent of Human Resources may delegate this responsibility as needed. Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 4001.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 4001.3.

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

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

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

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

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

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

Date of Adoption
February 25, 1980
Date of Revision
March 16, 1992
December 21, 1998
June 21, 2004
October 16, 2006
September 20, 2010
July 9, 2018
November 16, 2020
Reaffirmed
January 8, 2018

4100.1: Recruitment and Selection: Certificated Staff

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

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

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

Selection

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

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

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


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

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

4100.2: Recruitment and Selection: Non-Certificated Staff

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

 

Recruitment

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

Selection

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


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

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

4100.3: Employment Contracts

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

 

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

Date of Adoption
April 6, 1992
Date of Revision
December 21, 1998
October 16, 2006
January 21, 2013
November 16, 2020
Reaffirmed
January 8, 2018
July 9, 2018

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

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

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

Date of Adoption
February 5, 2001
Date of Revision
October 7, 2002
March 15, 2010
April 4, 2016
Reaffirmed
March 18, 2024

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

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

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

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

II. Definitions:

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

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

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

D. A mentee will be defined as a first-year or newly-employed certificated 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.

Date of Adoption
February 5, 2001
Date of Revision
October 7, 2002
March 19, 2007
March 15, 2010
April 4, 2016
September 6, 2022
March 18, 2024

4105.2: New Administrator Induction Program

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

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

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

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

III. Definitions:

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

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

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

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

Date of Adoption
April 4, 2016 (rewritten)
Reaffirmed
March 18, 2024

4110: Personnel Records

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

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

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

4110.1: Personnel Records

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

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

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

1. Application for employment 

2. Waiver for release of employment and criminal history information 

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

1. I‑9 Employment Eligibility Verification 

2. W‑4 Employee's Withholding Allowance Certificate 

3. Nebraska School Retirement System Form 

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

5. Personal Information Form 

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

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

1. All current and complete college transcripts 

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

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

4110.2: Personnel Records Retention

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

I. Retention of Personnel Records. 

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

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

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

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

II. Transfer of Supervisory File 

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

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

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

III. Guidelines for Maintenance and Retention of Personnel Records. 

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

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

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

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

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

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

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

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

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

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

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

4115: Access to Personnel Files

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

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

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

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

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

4115.1: Access to Personnel Files

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

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

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

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

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

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

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

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

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

4120: Personnel Lists

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

 

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

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

4125: Certification

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

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

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

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

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

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
August 16, 1993
December 17, 2001
June 1, 2009
September 19, 2016
Reaffirmed
September 05, 2023

4125.1: Certificate Registration, Renewal, or Change of Name

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

Registration

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

Renewal

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

Change of Name

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

State Reporting

The District shall file with the Nebraska Department of Education 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.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
July 26, 1999
December 17, 2001
June 1, 2009
September 19, 2016
September 5, 2023

4126: Job Qualification

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

 

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

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

4130: Examinations

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

The Millard School District may make pre-employment inquiries into the ability and qualifications of an applicant to perform job-related functions as required by law. 

Date of Adoption
September 5, 1978
Date of Revision
August 3, 1992
September 20, 1993
December 3, 2001
May 4, 2020
Reaffirmed
February 16, 2009
October 19, 2015

4130.1: Health Examinations

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

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

Date of Adoption
September 20, 1993
Date of Revision
December 3, 2001
May 4, 2020
Reaffirmed
February 16, 2009
October 19, 2015

4130.2: Bus or Small Vehicle Drivers

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

Before 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.

Date of Adoption
September 20, 1993
Date of Revision
December 3, 2001
May 4, 2020
Reaffirmed
February 16, 2009
October 19, 2015

4135: Assignment, Reassignment and Transfer

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

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

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

Date of Adoption
October 7, 1974
Date of Revision
March 16, 1992
August 16, 1993
February 18, 2002
Reaffirmed
October 19, 2009
February 6, 2017
January 22, 2024

4135.1: Transfer, Change of Assignment, Job Posting

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

The Human Resources Office will post available vacancies as and when they occur on the District 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.

Date of Adoption
October 7, 1974
Date of Revision
August 21, 1978
April 6, 1992
August 16, 1993
February 18, 2002
October 19, 2009
January 22, 2024
Reaffirmed
February 6, 2017

4137: Job Sharing

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

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


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

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

4137.1: Job Sharing - Teachers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4140: Responsibilities and Duties

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

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

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

4140.1: Responsibilities and Duties - Certificated

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

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

Time Required 

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

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

Extra Duty 

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

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

Dress 

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

Lesson Plans

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


Job Responsibilities 

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

Evaluation Process 

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

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

4140.2: Responsibilities and Duties- Non-Certificated

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4141: School Day for Staff

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

 

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

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

4141.1: School Day for Staff

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

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

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

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

4145: Political Activities: Public Office

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

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

Date of Adoption
February 25, 1980
Date of Revision
July 19, 1993
January 21, 2002
December 4, 2006
October 7, 2013
Reaffirmed
November 4, 2019

4145.1: Political Activities - Public Office

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

Personnel:

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

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

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

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

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

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

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

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

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

Distribution of Political Materials:

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

Classroom XE "Discussion of Politics"Discussion of Politics:

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

 XE "Board Members"Board Members:

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

Date of Adoption
February 25, 1980
Date of Revision
July 19, 1993
January 21, 2002
December 4, 2006
October 7, 2013
Reaffirmed
November 4, 2019

4150: Freedom of Speech

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

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

I. Legal

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

II. Societal

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

III. Professional

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

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

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
January 22, 2001
Reaffirmed
August 11, 2008
December 15, 2014
January 20, 2020

4153: Professional Boundaries and Staff Relationships with Students

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

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

“Grooming” shall be construed as any behavior or conduct that attempts to build trust with the student and any individuals close to the student with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life that such contact or penetration would take place.

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

All District employees shall be required to annually review this Policy and Rule 4153.1 and acknowledge that they received and understand the policy and rule.

Date of Adoption
July 9, 2018
Date of Revision
November 2, 2020

4153.1: Professional Boundaries and Staff Relationships with Students

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

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

All 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.

 

 

Date of Adoption
July 9, 2018
Date of Revision
November 2, 2020

4155: Code of Ethics

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

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

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

4155.1: Code of Ethics

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

Standards of Ethical and Professional Performance

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

I. Preamble 

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

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

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

II. Principle I Commitment as a Professional Educator:

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

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

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

B. Shall not discriminate on the basis of race, color, religion, national origin, 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.

Date of Adoption
October 7, 1974
Date of Revision
August 3, 1992
January 5, 1998
May 3, 2004
September 7, 2010
November 16, 2020
Reaffirmed
June 2, 2003
October 1, 2018

4156: Copyright Compliance

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

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

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

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

4156.1: Copyright Compliance-Accountability for Compliance

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

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

I. Educational Services

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

II. Department of Library Services

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

B. Archive all written copyright permissions for the District.

III. Building Administration

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

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

IV. Teaching Staff

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

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

V. Teacher Librarians 

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

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

VI. Secretaries and Paraprofessionals

A. Monitor and seek clarification regarding copyright matters.

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

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

4160: Evaluation

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

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

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


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

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

4160.1: Evaluation - Certificated Staff

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

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

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

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

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

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

B. A teacher evaluation procedure, which shall:

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

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

3. Provide for documenting the evaluation.

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

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

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

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

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

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

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

4160.2: Evaluation - Non-Certificated Staff

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

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

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

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

4160.3: Evaluation - Administrative Staff

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

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

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

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

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

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

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

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

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

3. Provide for documenting the evaluation.

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

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

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

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

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

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

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

4163: Remedial Action

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

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

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3, 2007
October 20, 2014
Reaffirmed
December 2, 2019

4163.1: Remedial Action-Certificated Staff

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

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

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

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

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


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

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3, 2007
October 20, 2014
Reaffirmed
December 2, 2019

4163.2: Remedial Action Non-Certificated Staff

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

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

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

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


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

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3,2007
October 20, 2014
Reaffirmed
December 2, 2019

4163.3: Remedial Action Investigation/Procedure

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


 

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

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

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

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

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

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

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

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

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

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

IV. Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 4001.2. Complaints by personnel or job applicants regarding sexual harassment shall follow the procedures of District Rule 4001.3. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Student complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

Date of Adoption
June 5, 2000
Date of Revision
December 3, 2007
September 20, 2010
October 20, 2014
July 9, 2018
November 16, 2020
Reaffirmed
December 2, 2019

4165: Resignation/Separation

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

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

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

4165.1: Resignation/Separation - Non-Certificated Staff

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

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

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

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

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

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

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

Date of Adoption
August 23, 1982
Date of Revision
August 3, 1992
November 15, 1999
June 4, 2007
October 7, 2013
September 16, 2019
June 6, 2022
March 20, 2023

4165.3: Resignation Notification Incentive

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

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

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

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

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

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

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

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


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

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

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

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

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

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

III. Application Process

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

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

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

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

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

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

4170: Reduction in Force - Certificated Staff

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

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

A reduction in force shall consist of a reduction of one or more positions or a reduction in the percentage of employment of one or more certificated staff members even if the number or percentage of employment of the certificated staff overall may be increased by other hirings or increases in the percentage of employment of other employees. Reduction in force may result in termination of employment, an amendment to the employee's contract reducing the employee from full‑time to part‑time status or an amendment to the contract of a part‑time employee further reducing that employee's percentage of employment. 

The following procedures will apply to staff reduction: 

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

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

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

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

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

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

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

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

4170.1: Reduction in Force - Certificated Staff

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

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

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

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

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

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

A. The date permanent certificated status was attained.

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

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

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

E. Due to the confidential and unique personal working relationship necessary between the administration and the Board of Education, a certificated employee who is not currently serving in a predominantly administrative capacity shall have no rights under this policy to any administrative position within the District.

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

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

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

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

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

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

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

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

4171: Reduction in Force - Non-Certificated Staff

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

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

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

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

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

4172: Use of Tobacco and E-Cigarette Type Products

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

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

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

4172.1: Use of Tobacco and E-Cigarette Type Products

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

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

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

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

4173: Drug-Free Workplace

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

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

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

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

Date of Adoption
December 18, 1989
Date of Revision
February 5, 2007
November 18, 2013
Reaffirmed
December 7, 1998
June 3, 2019
June 6, 2022

4173.1: Drug-Free Workplace

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

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

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

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

A. The dangers of drug abuse;

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

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

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

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

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

A. Abide by the terms of the statement; and


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

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

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

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


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

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

Date of Adoption
December 18, 1989
Date of Revision
November 18, 2013
Reaffirmed
December 7, 1998
February 5, 2007
June 3, 2019
June 6, 2022

4173.2: Drug-Free Workplace: Alcohol

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

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

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

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

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

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

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

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

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

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

V. The following conduct is prohibited:

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

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

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

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

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

Date of Adoption
December 18, 1989
Date of Revision
July 2, 1990
November 5, 1990
December 7, 1998
February 5, 2007
November 18, 2013
June 6, 2022
Reaffirmed
June 3, 2019

4173.3: Drug-Free Workplace: Drugs

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

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

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

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

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

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

Date of Adoption
February 5, 2007
Date of Revision
December 2, 2013
June 6, 2022
Reaffirmed
June 3, 2019

4205: Substitute Teachers

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

 

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

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

4205.1: Substitute Teachers

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

 

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

II. There are two classifications of substitute teachers: 

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

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

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

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

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

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

4210: Student Teachers and Practicum Students

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

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

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

4210.1: Student Teachers and Practicum Students

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

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

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

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

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

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

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

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

4215: Summer School and Adult Education Teachers

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

 

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

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

4300: Professional Growth/Professional Learning

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

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

Date of Adoption
October 7, 1974
Date of Revision
December 1, 1997
June 2, 2003
June 2, 2008
December 19, 2011
September 26, 2022
Reaffirmed
December 7, 2015

4300.1: Professional Growth

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

Rules and Regulations for Purposes of Continued Employment 

Professional Growth Period for Permanent Certificated Employees 

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

Professional Growth Activities for Permanent Certificated Employees 

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

Approval of Professional Growth Credit 

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

Appeal 

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

Date of Adoption
October 7, 1974
Date of Revision
February 20, 1984
July 2, 1990
September 7, 1993
November 18, 1996
June 5, 2000
June 2, 2008
December 19, 2011
December 7, 2015
September 26, 2022

4300.2: Professional Learning

4300.2: Professional Learning holly Tue, 07/09/2019 - 15:47

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.

Date of Adoption
December 19, 2011
Date of Revision
December 7, 2015
September 26, 2022

4310: Publication or Creation of Educational Articles

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

 

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

Date of Adoption
October 7, 1974
Date of Revision
September 20, 1993
November 5, 2001
April 18, 2022
Reaffirmed
November 17, 2008
March 21, 2016

4315: Non-School Employment

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

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

Date of Adoption
October 7, 1974
Date of Revision
November 17, 1997
February 16, 2009
January 4, 2016
Reaffirmed
December 3, 2001
June 1, 2020

4315.1: Non-School Employment

4315.1: Non-School Employment holly Tue, 07/09/2019 - 15:53

I.When a staff member is employed outside school hours, it shall be understood that this employment can in no way interfere with the duties for which the employee is employed by the District. 

II.No employee shall use his or her position to solicit business from students or parents nor should any employee conduct personal business during school time or while performing duties for which he or she is employed by the District. No employee shall use District supplies, equipment or facilities to conduct personal business.

Date of Adoption
October 7, 1974
Date of Revision
August 2, 1993
December 3, 2001
January 4, 2016
Reaffirmed
February 16, 2009
June 1, 2020

4315.2: Tutoring

4315.2: Tutoring holly Tue, 07/09/2019 - 15:56

I. A teacher may not arrange to tutor during the school year for payment of a fee or other compensation for any child enrolled in his or her class. 

II. Teachers who accept outside tutoring engagements must make their own arrangements with the parents or guardians for fees, if any, to be charged. 

III. No tutoring for which a teacher receives a fee or other compensation will be allowed in a school building. 

IV. No District supplies, equipment or materials shall be used by teachers in their outside tutoring engagements.

Date of Adoption
August 2, 1993
Date of Revision
December 3, 2001
January 4, 2016
Reaffirmed
February 16, 2009
June 1, 2020

4315.3: Consultant Work

4315.3: Consultant Work holly Tue, 07/09/2019 - 15:57

Stipends received by a staff member for services rendered outside the District and during normal working hours will be paid over to the District, unless the staff member performs such service during an authorized leave as approved by the Office of the Superintendent.

Date of Adoption
November 6, 1995
Date of Revision
December 3, 2001
January 4, 2016
Reaffirmed
February 16, 2009
June 1, 2020

4320: Soliciting by Agents Prohibited

4320: Soliciting by Agents Prohibited holly Wed, 07/10/2019 - 08:44

Unless approved by the Board of Education, peddlers, agents, salespeople, and/or representatives of any commercial enterprise, theatrical production, or play are prohibited from calling upon, securing contracts with, or soliciting orders and business from any classroom teacher or other District employee while the classroom teacher or other District employee is actively engaged in the pursuit of his or her work. Materials from peddlers, agents, salespeople, and/or representatives of any commercial enterprise, theatrical production, or play shall not be accepted for distribution to classroom teachers or other District employees.

Date of Adoption
October 7, 1974
Date of Revision
March 4, 1991
September 23, 2002
January 11, 2010
Reaffirmed
January 23, 2017
February 5, 2024

4325: Grievances

4325: Grievances holly Wed, 07/10/2019 - 08:54


 

The Superintendent or his/her designee shall establish grievance procedures for employees. Grievance procedures in a collective bargaining agreement shall take precedence over policy and rule.

Date of Adoption
October 7, 1974
Date of Revision
March 18, 2002
September 20, 2010
Reaffirmed
November 17, 1997
December 21, 2009
July 9, 2018

4325.1: Grievance Procedure

4325.1: Grievance Procedure holly Wed, 07/10/2019 - 09:01

I. Any employee who has a grievance not otherwise covered by a grievance procedure included within a collective bargaining agreement or other specific grievance procedure (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. 

Date of Adoption
October 7, 1974
Date of Revision
May 20, 1985
November 17, 1986
August 16, 1993
March 18, 2002
December 21, 2009
September 20, 2010
July 2, 2012
July 9, 2018
November 16, 2020

4326: Part-Time Certificated Employees

4326: Part-Time Certificated Employees holly Wed, 07/10/2019 - 09:11

The Board will employ part-time certificated employees as it deems necessary. 

Date of Adoption
October 7, 1974
Date of Revision
September 7, 1982
August 16, 1993
November 19, 2001
Reaffirmed
November 17, 2008
March 21, 2016
March 21, 2022

4326.1: Part-Time Certificated Employees

4326.1: Part-Time Certificated Employees holly Wed, 07/10/2019 - 09:13

The following Rules shall apply to part-time certificated employees:

  1. Part-time certificated employees are employed on a regular basis but working less than entire school days and weeks during an entire semester.
  2. Part-time certificated employees shall be compensated on the salary schedule according to the proportion of time they are assigned.
Date of Adoption
October 7, 1974
Date of Revision
September 7, 1982
November 16, 1987
July 10, 1989
August 16, 1993
November 19, 2001
Reaffirmed
November 17, 2008
March 21, 2016
March 21, 2022

4400: Salary Recommendations

4400: Salary Recommendations holly Wed, 07/10/2019 - 09:20

The District shall develop annual salary recommendations for all personnel to be reviewed by the Board of Education.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
January 22, 2001
November 2, 2015
Reaffirmed
November 17, 2008
May 18, 2020

4400.1: Salary Recommendations and Payroll Dates

4400.1: Salary Recommendations and Payroll Dates holly Wed, 07/10/2019 - 09:24

Each staff member will be notified of his/her salary or wage amount with each payroll.

Each employee will be paid according to the factors related to his/her position and/or any applicable collective bargaining agreement.

In individual situations, the Superintendent may decide that no salary increase be given, or that a salary increase be granted in addition to that listed on the salary schedule, provided the salary determination is in compliance with any applicable collective bargaining agreement.


Each employee compensated by the hour shall be paid bi-weekly (every other week); each salaried employee shall be paid monthly. Payroll schedules will be developed by the Superintendent or designee.

Date of Adoption
October 7, 1974
Date of Revision
November 17, 1986
August 16, 1993
January 22, 2001
November 2, 2015
Reaffirmed
November 17, 2008
May 18, 2020

4405: Payroll Deductions

4405: Payroll Deductions holly Wed, 07/10/2019 - 09:37

Payroll deductions will be allowed for the following: health insurance premiums, dental insurance premiums, vision insurance premiums, life insurance premiums, long-term disability insurance premiums, 403(b) contributions, 457(b) contributions, Section 125 Plan contributions, Health Savings Account contributions, United Way of the Midlands contributions, Millard Public Schools Foundation contributions, professional dues and/or Union dues, United States Savings Bonds, and any other payroll deduction allowed by law and policy. Any income to be deferred under this Policy shall not exceed the total compensation to be paid the employee.

Nothing in this Policy shall conflict with any collective bargaining agreements or individual contracts between the District and its personnel.  All authorizations for deductions shall be in writing.

Date of Adoption
August 18, 1980
Date of Revision
September 20, 1982
March 4, 1991
August 2, 1993
January 18, 1999
March 7, 2005
November 6, 2017
Reaffirmed
December 19, 2011
January 23, 2023

4405.1: Payroll Deduction - Health, Dental, Life & Long-term Disability & Section 125

4405.1: Payroll Deduction - Health, Dental, Life & Long-term Disability & Section 125 holly Wed, 07/10/2019 - 09:42

The District provides eligible employees with the opportunity to participate in group health, dental, vision, life and long-term disability insurance programs, Health Savings Accounts, and Section 125 flexible spending accounts according to collective bargaining agreements between the District and the organizations representing each employee group, or as provided for by salary, wage and benefit plans adopted by the Board for employees not covered by a collective bargaining agreement.

When full premiums are not paid by the District, the employee shall pay his or her share of the premiums through payroll deduction in order to be eligible for the benefit.

Date of Adoption
September 4, 1984
Date of Revision
February 3, 1992
January 18, 1999
March 7, 2005
November 6, 2017
Reaffirmed
December 19, 2011
January 23, 2023

4405.2: Payroll Deductions - U.S. Savings Bonds

4405.2: Payroll Deductions - U.S. Savings Bonds holly Wed, 07/10/2019 - 09:45

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

Date of Adoption
February 3, 1992
Date of Revision
January 18, 1999
March 7, 2005
Reaffirmed
December 19, 2011
November 6, 2017
January 23, 2023

4405.3: Payroll Deductions - 403(b) Tax Sheltered Annuities and Custodial Accounts

4405.3: Payroll Deductions - 403(b) Tax Sheltered Annuities and Custodial Accounts holly Wed, 07/10/2019 - 09:49

I. Employees desiring to participate in a 403(b) tax-sheltered annuity or custodial account program shall have: 

A. Selected a sponsoring company from the list of companies approved by the District; 

B. Completed the sponsoring company's required forms; 

C. Completed the District's salary reduction agreement available through the payroll office, at least 15 days prior to the scheduled payroll start date; and 

D. Have the sponsoring company file a Hold Harmless Agreement with the District (unless an executed Hold Harmless Agreement is already on file with the District). 

II. The District shall have available a list of companies through which employees currently have tax-sheltered annuities or custodial accounts. The District will not select nor recommend nor provide any advice to employees with respect to an annuity contract or custodial account in which the employees' contributions are invested. 

III. An employee who desires to contribute more than the maximum elective deferral shall provide the District such information as is needed to ensure that the amounts contributed in excess of the maximum will qualify under the Internal Revenue Service rules. 

IV. The employee and the sponsoring company are responsible for determining that the salary reduction amount does not exceed the limits as set forth in applicable law. The employee must agree to indemnify and hold the District harmless against any and all actions, claims and demands whatsoever that may arise from the purchase of annuities or custodial accounts for employees in amounts in excess of contribution limits as defined under applicable law. 

V. The employee must agree that the District shall have no liability whatsoever for any and all losses suffered by the employee with regard to his or her selection of the annuity and/or custodial account, its terms, the financial condition, operation of, administration of, or benefits provided by the company providing the annuity and/or custodial account. The sponsoring companies shall be responsible for monitoring compliance with all applicable statutes and regulations, and the District assumes no responsibility therefor. 

VI. The District shall adopt: (a) a Plan Document to satisfy the requirements of section 403(b) of the Internal Revenue code of 1986, as amended, as a defined contribution tax-deferred annuity plan of a governmental entity; and (b) an Investment Policy regarding the selection and de-selection of funding vehicles and investment providers (vendors).

Date of Adoption
August 21, 1978
Date of Revision
February 3, 1992
June 15, 1998
March 7, 2005
December 15, 2008
December 19, 2011
November 6, 2017
Reaffirmed
January 23, 2023

4405.4: Payroll Deductions - United Way of the Midlands

4405.4: Payroll Deductions - United Way of the Midlands holly Wed, 07/10/2019 - 09:52

Payroll deductions for the United Way of the Midlands campaign are allowed. The employee's contribution must total at least $8 to qualify for payroll deduction. Payroll reduction agreements are due in the payroll office 15 days prior to the first deduction. 

Date of Adoption
October 7, 1974
Date of Revision
February 3, 1992
January 18, 1999
March 7, 2005
October 5, 2009
Reaffirmed
December 19, 2011
November 6, 2017
January 23, 2023

4405.5: Payroll Deductions - Professional or Union Dues

4405.5: Payroll Deductions - Professional or Union Dues holly Wed, 07/10/2019 - 10:00

Payroll deduction agreements for professional or union dues are due in the payroll office 15 days prior to the first deduction. The authorization form for the employee shall include a notice to the employee of the employee's right to refuse authorization. The authorization may also authorize the professional organization or union to certify annually the amount to be deducted from the employee's wages.

Date of Adoption
October 7, 1974
Date of Revision
February 3, 1992
January 18, 1999
March 7, 2005
December 19, 2011
Reaffirmed
November 6, 2017
January 23, 2023

4405.6: Payroll Deductions - Governmental 457(b) Deferred Compensation Plan

4405.6: Payroll Deductions - Governmental 457(b) Deferred Compensation Plan holly Wed, 07/10/2019 - 10:03

I. Employees desiring to participate in a governmental 457(b) deferred compensation plan shall have:

a. Selected a sponsoring company from the list of companies approved by the District;

b. Completed the sponsoring company's required forms;

c. Completed the District's salary reduction agreement available through the payroll office, at least 15 days prior to the scheduled payroll start date; and

d. Have the sponsoring company file a Hold Harmless Agreement with the District (unless an executed Hold Harmless Agreement is already on file with the District).

II. The District shall have available a list of companies through which employees currently have governmental 457(b) deferred compensation plans. The District will not select nor recommend nor provide any advice to employees with respect to a deferred compensation plan in which the employees' contributions are invested. 

III. An employee who desires to contribute more than the maximum elective deferral shall provide the District such information as is needed to ensure that the amounts contributed in excess of the maximum will qualify under the Internal Revenue Service rules.

IV. The employee and the sponsoring company are responsible for determining that the salary reduction amount does not exceed the limits as set forth in applicable law. The employee must agree to indemnify and hold the District harmless against any and all actions, claims and demands whatsoever that may arise from the governmental 457(b) deferred compensation plans for employees in amounts in excess of contribution limits as defined under applicable law. 

V. The employee must agree that the District shall have no liability whatsoever for any and all losses suffered by the employee with regard to his or her participation in and/or selection of the 457(b) deferred compensation plan, its terms, the financial condition, operation of, administration of, or benefits provided by the company providing the 457(b) deferred compensation plan. The sponsoring companies shall be responsible for monitoring compliance with all applicable statutes and regulations, and the District assumes no responsibility therefor.

VI. The District shall adopt: (a) a Basic Plan Document to satisfy the requirements of section 457 of the Internal Revenue code of 1986, as amended, and shall provide for and govern participation in the plan, contributions and limitations on contributions, time and method of payment of benefits, plan administrator duties, participant administration requirements, and amendments, termination and transfers; and (b) an Investment Policy regarding the selection and de-selection of funding vehicles and investment providers (vendors).

Date of Adoption
September 2, 1980
Date of Revision
November 17, 1997
March 7, 2005
December 19, 2011
November 6, 2017-Re-numbered from 4406.8
Reaffirmed
January 23, 2023

4405.7: Payroll Deductions - Millard Public Schools Foundation

4405.7: Payroll Deductions - Millard Public Schools Foundation holly Wed, 07/10/2019 - 10:09

Payroll deductions for contributions to the Millard Public Schools Foundation are allowed. The employee's contribution must total at least $8 to qualify for payroll deduction. Written authorization must be submitted to the payroll office 15 days prior to the first deduction.

Date of Adoption
March 4, 1991
Date of Revision
January 18, 1999
March 7, 2005
October 5, 2009
December 19, 2011
Reaffirmed
November 6, 2017
January 23, 2023

4410: Employee Identification Badge

4410: Employee Identification Badge holly Wed, 07/10/2019 - 10:14

Each eligible employee of the District will be issued a photo identification badge.

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
March 4, 2002
November 2, 2009
Reaffirmed
April 5, 2005
January 23, 2017
May 15, 2023
February 5, 2024

4410.1: Employee Identification Badge

4410.1: Employee Identification Badge holly Wed, 07/10/2019 - 10:20

Each non-student employee of the District will be issued a photo identification badge.  Each employee must wear the badge in a clearly visible location on the employee’s clothing while on duty or on District property.  Identification badges are District property and must not be altered in any way. The District will provide free replacement for damaged badges or change of name.  In the event the identification badge is lost or stolen, the loss or theft shall be immediately reported to the employee’s principal or supervisor.  The employee will be issued a badge to replace the one lost or stolen and the employee shall pay the cost of the replacement badge at the time it is issued.  

The employee shall not give or permit a third party to use the badge.  If the employee gives or permits a third party to use the badge, it will be confiscated and must be reclaimed by the employee from his/her supervisor.   The badge shall be used only by the person whose name and photo appears on the badge.  In the event the employee ceases employment with the District, any and all identification badges in the possession of the employee will be surrendered to the employee’s immediate supervisor on the last day the employee performs duties on District premises.  The supervisor will forward the badge to Human Resources.

Admittance to Activities

The badge will admit the employee and one guest to District school-sponsored activities.  
 

Date of Adoption
October 7, 1974
Date of Revision
August 16, 1993
March 4, 2002
November 2, 2009
May 15, 2023
Reaffirmed
April 5, 2005
January 23, 2017
February 5, 2024

4510: Leaves of Absence

4510: Leaves of Absence holly Wed, 07/10/2019 - 10:24

Leaves of absence may be granted with or without loss of pay and benefits provided, that such leave shall be in accordance with applicable federal and state laws. Any rights of the employer are specifically reserved by the District.


All leaves granted in accordance with this policy and its applicable rules shall be reported to the Board annually.

Date of Adoption
October 7, 1974
Date of Revision
January 10, 1983
September 20, 1993
March 17, 2003
November 21, 2022
Reaffirmed
February 21, 2011
November 6, 2017

4510.01: Illness, Injury, Disability

4510.01: Illness, Injury, Disability holly Wed, 07/10/2019 - 10:27

I. Rules.

The following provisions shall apply to usage of 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.

Date of Adoption
October 7, 1974
Date of Revision
July 5, 1983
April 15, 1989
September 7, 1993
September 9, 1996
July 27, 1998
March 17, 2003
February 21, 2011
November 6, 2017
November 21, 2022

4510.02: Long Term Disability - Group Income Protection Plan

4510.02: Long Term Disability - Group Income Protection Plan holly Wed, 07/10/2019 - 10:36

I. Procedure 

Employees who qualify 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.

Date of Adoption
October 3, 1988
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2010
June 3, 2013
November 6, 2017
November 21, 2022

4510.03: Business and Emergency Leave

4510.03: Business and Emergency Leave holly Wed, 07/10/2019 - 10:39

I. Paid leave may be granted to eligible employees for personal business obligations or unforeseen emergencies (hereinafter "B/E leave”) which cannot be scheduled on non-duty days or at a time other than during working hours. 

II. Requests for B/E leave shall be reviewed by the employee’s immediate supervisor. Approval of B/E leave shall be at the sole discretion of the District and will be based upon the following factors: 

A. The particular date the leave is requested, 

B. The number of requests for the date requested, 

C. The availability of a substitute (if needed), and 

D. Any other factors deemed relevant by the District. 

III. Sufficient Grounds for B/E Leave: 

A. Examples of situations for which B/E leave may be granted are: 

1. Legal matters which cannot be arranged at a time other than during working hours. 

2. To attend the funeral of a friend or non-immediate family member. 

3. Doctor or dental appointments for employee or immediate family members which cannot be scheduled at a time other than during working hours. 

4. Employee’s college requirements including, but not limited to, meeting with an advisor, taking tests and other District approved course requirements which cannot be scheduled at a time other than during working hours. 

5. Closing on the sale or purchase of employee’s personal primary residence. 

6. Moving to or from a house which cannot be scheduled at a time other than working hours. 

7. Weddings and/or graduations of the employee, of a family member (including a non-immediate family member), of a friend, or when the employee’s children participate. 

(Note: Employees are limited to paid leave for the day of the graduation or wedding; however, a second B/E day will be allowed for travel if the ceremony is more than 200 miles away.) 

8. Attending a competition where the employee is the spouse of an employee‑participant or the parent of a student‑participant. 

9. Observation of major religious holiday as approved by the Human Resources Office. 

10. District approved course-work. 

11. Serious illness of a friend or family member (including non-immediate family members). 

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.

Date of Adoption
October 7, 1974
Date of Revision
August 6, 1979
July 10, 1989
September 7, 1993
June 16, 1997
July 27, 1998
March 17, 2003
February 21, 2011
September 6, 2011
November 6, 2017
November 21, 2022

4510.04: Leave Without Pay

4510.04: Leave Without Pay holly Wed, 07/10/2019 - 10:43

I. Requests for leave without pay will be considered on an individual basis. Factors 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.

Date of Adoption
July 21, 1980
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017
November 21, 2022

4510.05: Leave of Absence Without Pay

4510.05: Leave of Absence Without Pay holly Wed, 07/10/2019 - 10:47

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.

Date of Adoption
April 16, 1979
Date of Revision
September 7, 1993
March 17, 2003
April 4, 2005
February 21, 2011
July 2, 2012
November 21, 2022

4510.06: Leaves of Absence - Family Medical Leave Act (FMLA)

4510.06: Leaves of Absence - Family Medical Leave Act (FMLA) holly Wed, 07/10/2019 - 10:49

I. Entitlement to Unpaid Leave under the FMLA. 

A. Eligibility for Family/Medical Leave. Any employee with 12 months or more of service who worked 1,250 hours or more in the immediately preceding 12 months is eligible for a Family Leave and Medical Leave Act (FMLA). An eligible employee shall be entitled to a total of 12 work weeks of leave during any 12-month period for one or more of the following reasons: 

1. The birth of a son or daughter of an employee and in order to care for such son or daughter; 

2. The placement of a son or daughter with an employee for adoption or foster care; 

3. To care for a spouse, son, daughter, or parent of an employee if such spouse, son, daughter, or parent has a serious health condition; 

4. A serious health condition that makes an employee unable to perform the functions of the position of such employee; 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.

Date of Adoption
September 7, 1993
Date of Revision
September 9, 1996
August 11, 2008
May 18, 2009
February 21, 2011
November 6, 2017
November 21, 2022

4510.07: Perpetually Infectious Diseases

4510.07: Perpetually Infectious Diseases holly Wed, 07/10/2019 - 10:54
 


 

I. It is the policy of the District that there shall be no discrimination against an employee because of disability. This policy shall apply to a disability which may arise from a perpetually infectious disease; provided, however, that due consideration must be given to the specific facts of each case and the possibility of harm to others.

II. In all instances where an employee has a perpetually infectious disease, the employee's condition and identity will remain confidential unless the employee has consented to the release of such information. 

III. The provisions of Rule 4510.1 shall apply to eligible employees, as defined therein, with a perpetually infectious disease. In addition to the conditions set forth therein for use of sick leave days, such may also be used by persons with a perpetually infectious disease, if warranted to avoid opportunistic infections.

IV. "Perpetually infectious diseases" are those diseases which are carried throughout life by the infected person and have the potential to be transmitted to other individuals. Examples include, but are not limited to those identified in Neb. Rev. Stat. §71-507.

V. The following procedures shall be followed with respect to an employee who is suspected of having or has a perpetually infectious disease.

A. Any employee who has or suspects that he/she has a perpetually infectious disease shall advise the Superintendent or Superintendent’s designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to take precautions to protect others from the disease.

B. The Superintendent or Superintendent’s designee may require an employee to provide current medical information or to submit to a medical evaluation if he has a reasonable suspicion that an employee has a perpetually infectious disease.

C. If an employee has been diagnosed with a perpetually infectious disease, determination of whether the employee should be permitted to continue to be employed in his/her capacity will be made by a review of each individual case by a team (hereinafter "Team") established by the Superintendent or Superintendent’s designee. The Team shall meet within seven (7) working days of the diagnosis and make a determination within ten (10) working days of the Team meeting.

D. The Team will consider the following factors in arriving at its recommendation as to the propriety of the employee's continued employment in his/her current capacity:

1. The employee's work place and interaction with other persons;

2. The physical condition of the employee;

3. Whether the employee's condition substantially interferes with his/her ability to perform essential job functions with reasonable accommodation; and

4. Whether the employee poses a substantial possibility of harm to others.

E. Upon diagnosis and prior to a decision by the Team, the Superintendent may remove the employee from the work place if he determines that the employee's presence in the work place poses a health threat.

F. Based upon the information available to the Team, it may recommend:

1. Continued employment in his/her current capacity;

2. Reassignment;

3. Leave of absence;

4. Reduction in amount of employment;

5. Termination;

6. Such other reasonable accommodations as may permit the employee to perform essential job functions; or

7. Any combination of the above.

G. Based upon the Team's recommendation, the Superintendent or the Superintendent’s designee shall take appropriate action. If the employee's employment status will be affected appropriate due process procedures as required by law shall be followed.

 

Date of Adoption
September 6, 1988
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
March 20, 2023
Reaffirmed
November 6, 2017

4510.08: Family Death Leave

4510.08: Family Death Leave holly Wed, 07/10/2019 - 10:58

I. Eligible employees shall be granted 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.

Date of Adoption
July 10, 1989
Date of Revision
September 7, 1993
July 27, 1998
March 17, 2003
February 21, 2011
November
Reaffirmed
November 6, 2017

4510.09: Professional Leave

4510.09: Professional Leave holly Wed, 07/10/2019 - 11:02

I. Employees of the District may request paid professional leave for the purpose of attending local, state and national professional meetings or conferences. Paid professional leave may be granted if the District determines that the attendance at such meeting or conference will directly benefit the District. 

II. Requests by an employee for professional leave and related expenses will be submitted to the employee’s immediate supervisor and/or the person responsible for the budget from which expenses, if allowed, will be paid. The request should be submitted with sufficient time to make appropriate arrangements and to secure a substitute where necessary. Reimbursements of expenses will be provided in accordance with procedures provided by the Business Office. 

III. Professional leave is defined as time away from one’s normal work assignment to participate in work-related activities. These activities include, but are not limited to, professional meetings, staff development, curriculum writing, or supervision at student competition. 

IV. Professional leave may be provided by departments for District purposes. When professional leave is initiated by the District, staff supervisors will be notified and substitutes will be scheduled where necessary. 

V. Employee’s attending professional meetings during contract time and at District expense may be required to submit a written report or develop a presentation which allows them to share information received at the meetings with other District personnel. 

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. 

Date of Adoption
October 7, 1974
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017
November 21, 2022

4510.10: Association Leave

4510.10: Association Leave holly Wed, 07/10/2019 - 11:05

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.

II.    The membership of the teachers' organization recognized by the Board of Education will be granted a maximum aggregate total of eighteen (18) excused absences during a single school year to attend professional meetings of the teachers' association or other association obligations.

III.  For the teacher’s organization, the cost of any days missed will be shared equally by the District and the teachers’ association.  The association will pay half the cost of a substitute teacher for any days its member employees are absent for association leave.

Date of Adoption
March 3, 1980
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017
November 21, 2022

4510.11: Sabbatical Leave

4510.11: Sabbatical Leave holly Wed, 07/10/2019 - 11:11

I. A certificated staff member who meets the criteria set forth below may apply for a sabbatical leave for up to one year. The sabbatical must involve professional growth of the individual in a scholarly program, approved by the Superintendent or his/her designee, and must be in the interest of improved education in the District. 

II. Criteria for employee eligibility: 

A. Employed full‑time as a certificated employee by the District for at least seven (7) consecutive years immediately preceding the request for the sabbatical leave; 

B. Hold a Masters Degree from an approved institution; 

C. No previous sabbatical has been taken; and 

D. Must complete at least twelve (12) graduate level semester credit hours during each semester of leave. Such hours shall be in a program of study leading to the completion of a PhD, EdD or EdS in Curriculum and Instruction or School Administration. 

III. If leave is granted, the employee shall be subject to the following conditions: 

A. The employee shall accept a written agreement with the Board of Education which shall provide that at the end of the sabbatical leave, he or she will return immediately to the employment of the District for a minimum of three (3) years; provided, however, that if the sabbatical leave is for less than a full year, the employee shall agree to return to the District's employ for three (3) semesters. The employee shall further agree to reimburse the District as set forth herein in the event he/she does not fulfill this provision. 

B. The employee will be paid one‑half of his/her salary and insurance benefits during the time he/she is on sabbatical leave, provided however, that the certificated staff member receiving such insurance benefits agrees to pay and keep current and does pay and keep current the remaining one‑half of the total premium, and all employee Health Insurance Premium contributions. 

C. Credit will be given toward salary advancement, insurance benefits and seniority as if the employee had remained a full-time employee of the District. 

D. The employee cannot be guaranteed that he/she will return to the position held prior to the sabbatical leave, but an effort will be made to place the employee in a comparable position. 

IV. If the employee does not fulfill the employment requirements following his/her sabbatical as set forth above, or fails to complete the sabbatical requirements, the employee shall reimburse the District at the time he/she ceases employment according to the following schedule: 

                                                                                               Amount Employee Must

    Length of Sabbatical        Return to Employment                 Reimburse District      
      ALL                                  Does Not Complete                  Full salary received

                                              Sabbatical Requirements

      1 Year                              Does Not Return to Work          Full salary received

      1 Year                              Completes 1 Year                      2/3 salary received

      1 Year                              Completes 2 Years                    1/3 salary received

       1 Year                              Completes 3 Years                    No Reimbursement Required

      Less than 1 Year              Does not return                         Full salary received

      Less than 1 Year              Completes 1 Semester             2/3 salary received

      Less than 1 Year              Completes 2 Semesters           1/3 salary received

      Less than 1 Year              Completes 3 Semesters           No Reimbursement Required


The employee is also responsible to reimburse the District for all costs of any benefits provided by the District in the same proportion as any repayment of salary from the above-table. 

V. Application for sabbatical leave for the ensuing school year must be submitted to the Superintendent prior to January 1. 

VI. Up to thirty (30) months of sabbatical leave may be granted by the District during any school year. If there are more than thirty (30) months of sabbatical leave requested in a school year, leaves will be granted to the staff members whose leaves would most benefit the District as determined by the Superintendent or his/her designee. If a decision cannot be made based upon benefit to the District, then the staff members with the longest full‑time continuous service to the District will be given preference. 

Date of Adoption
March 21, 1988
Date of Revision
September 7, 1993
May 4, 1998
March 17, 2003
February 21, 2011
November 6, 2017
November 21, 2022

4510.12: Jury Duty, Election Boards - Subpoenas

4510.12: Jury Duty, Election Boards - Subpoenas holly Wed, 07/10/2019 - 11:14

I. Any employee who is summoned for jury duty or election board duty, or who is subpoenaed on behalf of the District within the scope of the employee’s work duties, shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty, as a result of his or her absence from work (including shift work) due to such service.  Any such impacted Employee shall provide to the Human Resources Department a copy of the summons, notice, or subpoena within 7 days of receipt of such summons, notice, or subpoena, and in advance of the day(s) to be missed.

II. The District may reduce the pay of an employee who is absent for jury or election board duty by an amount equal to any compensation, other than expenses, paid by the court for jury or election duty, or for the employee’s appearance pursuant to a subpoena. 

Date of Adoption
October 7, 1974
Date of Revision
August 2, 1993
August 16, 1993
September 7, 1993
March 17, 2003
February 21, 2011
November 6, 2017
November 21, 2022

4510.13: Inclement Weather

4510.13: Inclement Weather holly Wed, 07/10/2019 - 11:17

The Superintendent or his/her designee shall establish, publish and distribute attendance requirements for employees of the District regarding periods of inclement weather. The requirements and procedures shall provide for the precedence, applicability of and effect upon other leave and attendance rules in the event of inclement weather.

Date of Adoption
November 19, 1984
Date of Revision
September 7, 1993
March 17, 2003
Reaffirmed
February 21, 2011
November 6, 2017
November 21, 2022

4510.14: Uniform Service Leave (Military Leave of Absence)

4510.14: Uniform Service Leave (Military Leave of Absence) holly Wed, 07/10/2019 - 11:19

 

I. Leave of absence will be granted to employees of the District who are absent from employment by reason of service in the uniformed services as provided by law.

II. Eligibility. The following employees are eligible for service leave:

A. Employees who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve are entitled to a leave of absence, without loss of pay, on all days during which they are employed under the orders or authorization of competent authority in the active service of the State of Nebraska or of the United States. Employees who normally work or are normally scheduled to work one hundred fifty-nine(159) hours or more in three consecutive weeks and scheduled to work twenty-four hour shifts shall receive a military leave of absence of one hundred sixty-eight hours (168) hours (21 days) each calendar year. Employees who normally work or are normally scheduled to work one hundred twenty (120) hours or more but less than one hundred fifty-nine(159) hours in three (3) consecutive weeks shall receive a military leave of absence of one hundred twenty (120) hours (15 days) each calendar year. Members who normally work or are normally scheduled to work less than one hundred twenty (120) hours in three (3) consecutive weeks shall receive a military leave of absence each calendar year equal to the number of hours they normally work or normally would be scheduled to work whichever is greater, in three consecutive weeks. Such military leave of absence may be taken in hourly increments and shall be in addition to the regular annual leave of the persons named in this Rule.

B. If the Governor declares that a state of emergency exists, any persons named above who are ordered to active service of the state shall receive a state of emergency leave of absence until such person is released from active service by competent authority. During a state of emergency leave of absence, the affected employee shall receive his/her normal salary or compensation minus the state active duty base pay he or she receives in active service of State.

III. Return to Employment. Upon an honorable discharge from active service, such employee shall be entitled to a return to the same or comparable position as provided by law; provided, however, that the employee is still qualified to perform the duties of the employee’s former position, and the employee makes a timely application to return to employment as follows:

A. Service of 1 to 30 days. The employee must report to his or her employer not later than the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight (8) hours after a period allowing for the safe transportation of the person from the place of that service to the person’s residence. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible.

B. Fitness Exam. The time limit for reporting back to work for a person who is absent from work in order to take a fitness-for-service examination is the same as the one above for persons who are absent for 1 to 30 days.

C. Service of 31 to 180 days. In the case of a person whose period of service in the uniformed services was for more than 30 days but less than 181 days, an application for re-employment must be submitted to the District no later than 14 days after completion of the person’s service. If submission of a timely application is impossible or unreasonable through no fault of the person, the application must be submitted the next first full calendar day when submission of such application becomes possible.

D. Service of 181 days or more. In the case of a person whose period of service in the uniformed services was for more than 180 days, an application for re-employment must be submitted to the District no later than 90 days after the completion of the person’s service.

E. If such employee is not qualified to perform the duties of such position upon the employee’s return by reason of a disability sustained during the training or service but is qualified to perform the duties of any other positions, the employee shall be restored to such other positions, the duties of which the employee is qualified to perform, as will provide the employee with the same seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of the employee’s case. Such person shall not be discharged without justifiable cause within one (1) year after reinstatement.

F. Any such employee submitting an application for re-employment shall, upon request, provide the District documentation to establish that the person’s application is timely and that the person is entitled to the benefits under this Rule.

IV. Preservation of Benefits. Absence for any of the reasons stated above shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of the employee’s employment normally to be anticipated in the employee’s particular position.

V. Re-Employment. A person whose military service lasted 1 to 90 days shall be promptly re-employed:

A. In the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify their person; or in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position the person would have held after reasonable efforts by the employer to qualify the person.

B. If the employee cannot become qualified for either position described above, even after reasonable employer efforts, the person is to be re- employed in a position that is the nearest approximation to the positions described above which the person is able to perform, with full seniority.

C. A person whose military service lasted 91 or more days shall be promptly re-employed in the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify the person; or, in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of the position the person would have held after reasonable efforts by the employer to qualify the person. If the employee cannot become qualified for either position, then in any other position of lesser status and pay, but that most nearly approximates the above positions (in that order) that the employee is qualified to perform with full seniority.

VI. Definitions.

A. The term “service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

B. The term “uniformed services” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.

Date of Adoption
January 10, 1983
Date of Revision
September 7, 1993
March 17, 2003
February 21, 2011
September 7, 2021
November 21, 2022
Reaffirmed
November 6, 2017

4510.15: Pre-Retirement Planning Programs

4510.15: Pre-Retirement Planning Programs holly Wed, 07/10/2019 - 11:21

I.     Any employee who participates in the Nebraska School Employees Retirement System and has vested in the School Employees Retirement Plan may attend or participate in pre‑retirement planning programs sponsored by The Nebraska School Employees Retirement System while employed by the District. The employee is responsible for paying his or her own expenses for any pre-retirement planning programs.

II.    Attendance at any pre-retirement planning program is voluntary.  An employee who is qualified and registered to attend a planning program can do so without loss of pay.  Planning programs may be conducted in-person or via live-broadcast webinars.  Planning programs do not include information that can be accessed at any time via electronic means.  Each employee may attend up to two days of planning programs without loss of pay.  A qualified employee may choose to attend additional planning programs, but such leave shall be without pay and shall be at the discretion of the Superintendent or his/her designee. 

III.  An employee desiring to attend a pre-retirement planning program must submit the proper request form to the Superintendent or his/her designee and receive approval to attend prior to his or her attendance.  An employee who attends must verify his or her attendance with the Superintendent or his/her designee.  The Superintendent or his/her designee reserves the right to limit attendance at any planning program based upon the ability of the District to deliver the educational program.  If attendance is limited, preference will be given to those employees who are nearest retirement.

IV.  Employees wishing to attend pre-retirement planning programs outside of those events specifically sponsored by The Nebraska School Employees Retirement System must use personal leave, vacation, or take leave without pay.

Date of Adoption
October 5, 1987
Date of Revision
September 7, 1993
November 17, 1997
February 21, 2011
November 6, 2017
April 19, 2021
November 21, 2022
Reaffirmed
March 17, 2003

4511: Voluntary Separation Program

4511: Voluntary Separation Program holly Wed, 07/10/2019 - 11:23

The District may offer a voluntary separation program for full time certificated employees and non-certificated administrative employees.

Date of Adoption
September 6, 1983
Date of Revision
September 20, 1993
Reaffirmed
October 20, 2003
October 18, 2010
July 10, 2017
July 6, 2020

4511.1: Voluntary Separation Program

4511.1: Voluntary Separation Program holly Wed, 07/10/2019 - 11:27

The District may offer a Voluntary Separation Program (hereinafter "Program”) for certificated employees and non-certificated administrative employees.  Upon written application and approval of the Superintendent of Schools and the Board, eligible employees may participate in the Program.  The Program may be reviewed annually for possible modification.  Modification shall not affect persons who have already begun receiving payments under the Program.

Purpose of the Program

The major purpose of the Program is to encourage eligible employees who are considering separation of employment or retirement to accelerate their plans.  Program objectives include but are not limited to the following:    

I. To offer financial incentives, which will assist long-term Millard Public Schools employees considering separation or retirement. 

II. To reduce District costs by replacing maximum salary employees with lesser salary employees. 

III. To provide a better balance of employee experience. 

IV. To reduce or eliminate the possibility of certificated employee layoffs. 

V. To provide the District the opportunity to select and retain the highest quality staff by establishing February 15 as the application deadline.

Program Eligibility Requirements and Provisions

I. Administrators, Teachers, and Nurses must be at least age fifty-five (55) and, must have twenty (20) or more years of credited service in the Millard Public Schools as a certificated employee or non-certificated administrator. 

Conditions and Limitations

I. The employee’s application for the Voluntary Separation Program shall constitute a voluntary resignation and termination of the employee’s continuing contract at such time the application is accepted and approved. Participants who are accepted and approved for the Voluntary Separation Program shall resign their employment and agree to waive any continuing contract and tenure rights.

II. Employees participating in the Program desiring to return to employment at a later date may do so only as
provided below:

a. From the time beginning with resignation of employment and ending with 12 months after the participant receives his or her final voluntary separation payment,
the participant:

1. May not return to regular part-time or full-time employment; and

2. May be considered for temporary (“on call”) substitute employment at the District’s sole discretion, subject to applicable state and federal laws.

b. If 12 months or more have passed from the date of the participant’s final voluntary separation payment, the participant:

1. May not return to regular part-time or full-time employment in the same or similar primary employment position held by the participant prior to separation of employment; and

2. May be considered for temporary (“on call”) substitute employment at the District’s sole discretion, subject to applicable state and federal laws; and

3. May be considered for regular part-time or full-time employment in an employment position different than the primary position held by the participant prior to the separation of employment.

III. Any eligible employee selecting to participate in the Program shall not have any prearranged employment agreement to rehire the participant at the time of separation of employment.

IV. Any eligible employee electing to participate in the Program shall be required to complete the school year before retirement commences, unless this requirement is waived by the Board. Any resignation related to the Voluntary Separation Program shall be effective at the end of the contract year unless the Board agrees to a different effective date of the resignation.

V. Employees receiving long-term disability benefits are not eligible to participate in this Program.

VI. An employee is not eligible to participate in the Program if his or her employment is terminated by the District.

VII. An employee shall not be eligible for benefits under this Program if the employee has been on a total of more than a one (1) year leave of absence within the five (5) most recent years of employment prior to voluntary separation.


Definitions

I. Years of credited service shall mean: 

a. Any school year in which an employee is paid by the District for at least 135 days of full-time work as a certificated employee or non-certificated administrator; or, 

b. Any two (2) school years in which the employee is paid for the equivalent of at least 135 days of part-time work each year as a certificated employee or non-certificated administrator; or, 

c. Any two (2) school years in which the employee is paid for the equivalent of at least 67.5 days of full-time work each year as a certificated employee or non-certificated administrator. 

d. Years of employment as a substitute shall not be counted toward years of service under this plan. 

II. Age shall mean an employee’s age on June 1 of any given school year. 

III. Year of Plan Eligibility is determined by the school year when the employee is first eligible to participate. When an employee first meets the qualifications described in the eligibility section above, the employee is in his or her 1st year of eligibility. The following school year is the employee’s 2nd year of eligibility; this pattern continues until the employee elects to participate or until the final year when the employee is no longer eligible to participate. 

Application Process 

I. Eligible employees desiring to take advantage of the Program may do so by submitting a written request to Human Resources. The written request must be submitted by February 15 of the elected year of separation on a form provided by Human Resources. The request shall set forth that the employee resigns his or her position, effective at the end of the school-year, upon tender, provided, however, and subject to the acceptance and approval of the employee’s request by the Superintendent and the Board. 

II. The Human Resource Department shall review the employee’s record to determine eligibility for the Program and make a recommendation to the Superintendent and the Board regarding the request. The Board shall act upon the request by April 15. The action of the Board of Education shall be final, and any employee electing to participate in the Program relinquishes all employment rights in the District. 

Benefit Table 

An eligible administrator, teacher, or nurse who has been approved by the Board for participation in the Program shall receive a total benefits equal to the amounts indicated in the table below. The total benefit shall be divided into equal monthly payments as indicated in the table below.

 

Year of Plan Eligibility

Total Benefit

Number of Equal

Monthly Payments

 

 

 

1

$35,000

24

2

$35,000

24

3

$35,000

24

4

$35,000

24

5

$35,000

24

 

Eligibility Ends

 

 

Payment of Benefits

I. Monthly payments will begin in August following the date of separation. In any contract year, the District may determine that payments be made through a Post-Retirement 403(b) plan as established by the District or through direct payments to the employee. Employees shall not be permitted any election or choice in how to receive benefits.

II. If the employee dies after the Board of Education has approved the employee’s application to participate in the Voluntary Separation Program and before all payments have been made, the beneficiary shall receive the remaining payments as established. The District reserves the right to accelerate the remaining payments to a beneficiary in the form of a single lump sum payment. 

III. The District shall withhold from any amount payable or to be paid under this Program all federal, state or other taxes as shall be required pursuant to any law or government regulation or ruling, and any other amounts required by law or court order. 

Health, Dental and Life Insurance 

Following separation, Program participants may be eligible to continue their health, dental and other insurance coverages; provided, however, the employee pays the premiums and follows the rules set forth by the underwriter and complies with the provisions of COBRA or other applicable law.

Date of Adoption
September 6, 1983
Date of Revision
November 17, 1986
September 20, 1993
June 15, 1998
October 20, 2003
March 6, 2006
July 2, 2012
July 10, 2017
July 6, 2020
Reaffirmed
October 18, 2010

4520: Vacations

4520: Vacations holly Wed, 07/10/2019 - 11:30

 

The District may provide paid vacations for twelve-month employees. Vacation requests must be approved by the employee’s immediate supervisor.

Date of Adoption
May 5, 1980
Date of Revision
August 16, 1993
November 19, 2001
Reaffirmed
November 17, 2008
March 21, 2016
March 7, 2022

4600: Staff Memorials

4600: Staff Memorials holly Wed, 07/10/2019 - 11:34

 

The District will provide family and friends opportunities to express their grief upon the death of a staff member who was employed by the district at the time of his/her death. Such opportunities shall be in accordance with District rules and procedures.

Date of Adoption
January 23, 1995
Date of Revision
February 17, 2003
June 4, 2012
Reaffirmed
November 5, 2018

4600.1: Staff Memorials

4600.1: Staff Memorials holly Wed, 07/10/2019 - 11:36

Guidelines for Staff Memorials

Memorials will be for staff members who were employed by the District at the time of their death. 


Yearbook Guidelines:

A deceased staff member's picture, if available, will be included with the pictures of other staff for the year covered by the yearbook. The picture will be framed in black. The words "In Memory Of," the staff member's name, and years of birth and death will be included within the frame. If the death occurs after the December yearbook publication date, the framed picture and wording will be included at the end of the index of the yearbook. If there is a staff death during the summer, the staff member's picture will appear in the next year's yearbook.

Purchased advertisements in memory of a staff member's death will not be allowed in yearbooks.

Student Newspaper Guidelines:

Memorial pictures or articles about the deceased may be published. Letters to the editor of tribute to the deceased or of sympathy to family and/or friends may also be published. Letters must be signed and are subject to editing, after consultation with the author(s). Staff editorials may be published, at the discretion of the editorial staff and with the approval of the newspaper sponsor.

Plaques with Brass Engraving Plates:

Each school will display a plaque with brass engraving plates to recognize staff members who have died. Each plaque will be no larger than nine inches by twelve inches. The top of the plaque will be engraved with the words, "In Memory." Individual plates will include the staff member's legal name and dates of birth and death. Individual plates will be removed after ten years and offered to the staff member's spouse or nearest relative.

Other Memorials:

Other staff memorials may be established if there is no cost to the school and with the consent of the deceased staff member's spouse or nearest relative. Appropriate memorials include:

1. A memorial scholarship administered by the Millard Public Schools Foundation.

2. Plantings on school grounds (trees, shrubs, perennials). The type and placement of the planting will be approved by the school principal and comply with District Policy and Rules associated with Special Projects. Such plantings may be accompanied by a moveable granite ground marker no larger than twelve by six inches. The engraving on the marker will be limited to the staff member's legal name, dates of birth and death, and the words, "In Memory Of,” or, "Planted In Memory Of." The marker will be moved, when necessary, as the planting grows, and will be removed after ten years and offered to the spouse or nearest relative.

3. Purchase of library books, artistic pictures, CD ROMs, schools supplies and equipment, with the approval of the school principal. Donated books may include a bookplate, and pictures and equipment may include an engraved plate no larger than two by six inches. Wording on the plates will be limited to, "Donated In Memory Of," or, "In Memory Of," and the staff member's legal name and dates of birth and death. Any engraved plate will be removed at the end of ten years and offered to the spouse or nearest relative.

4. Monetary funds designated to a particular school activity or department. The use of funds will be approved by the principal.

Removal guidelines:

Not acceptable are memorials that:

1. May alter the conduct of a regular school instructional day.

2. Alter school activities or the school activities schedule.

3. Require the retirement or discontinued use of school property.

4. Infringe on the separation of church and state.

5. Require the use of public funds for purchase or development.

6. Involve the naming of any facility or portion thereof after the deceased without the consent of the Board of Education.

Any memorial plaque, pictures, or name plates in existence at the time these guidelines are adopted, whether in compliance with these guidelines or not, will be removed ten years after the death of the staff member involved and offered to the spouse or nearest relative unless exempt under the living memorials provision listed below.

Spouses or nearest relatives of deceased staff members are encouraged to inform the school of any change of address so the school may return plaques, markers, and name plates to them, as stipulated above.

Living Memorials and Other Displays:

Living memorials shall mean commemorative photos, portraits, and other displays of living current or past District or building staff, other than living current or past District or building staff for whom the building, facility or portion thereof is named. 

Living memorials and other displays will not be allowed in District buildings or facilities, other than in District staff or administrative rooms which are not generally accessed by the public. Any such living memorial or other display in existence at the time these guidelines are revised will be removed or relocated.

Date of Adoption
January 23, 1995
Date of Revision
March 3, 2003
June 4, 2012
November 5, 2018
Reaffirmed
June 3, 2002

5000: Student Services

5000: Student Services unanimous Thu, 02/28/2019 - 14:33

5000: General Personnel Policy Statement:

5000: General Personnel Policy Statement: unanimous Tue, 07/30/2019 - 16:58

 

The goal of the District is to provide all students who are enrolled in the District with a safe and equitable learning environment in order to take full advantage of the District’s educational opportunities. To this end, the Board will adopt policies and rules which will provide District students with the opportunity to obtain an education in a safe, healthy, and orderly environment free of illegal drugs, alcohol, weapons, and violence. Students violating the District’s policies and rules will be subject to the District’s disciplinary procedures.

Date of Adoption
May 6, 1996
Date of Revision
July 31, 2000
Apri. 20, 2015
Reaffirmed
April 21, 2008
January 18, 2021

5010: Non-Discrimination and Harassment

5010: Non-Discrimination and Harassment holly Wed, 07/10/2019 - 14:54

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

The District shall provide for and maintain a learning environment free from unlawful harassment including sexual harassment or harassment because of an individual’s sex. The District prohibits any and all forms of sexual harassment.

Students violating this Policy shall be subject to the District’s disciplinary procedures. 

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

Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3. 

Through its discrimination and harassment policies, the District will provide equal opportunity to participate fully in educational programs and activities. 

Date of Adoption
December 20, 1993
Date of Revision
August 7, 2000
June 21, 2004
November 20, 2006
September 20, 2010
July 9, 2018
November 16, 2020
Reaffirmed
April 21, 2008

5010.1: Non-Discrimination and Harassment

5010.1: Non-Discrimination and Harassment holly Wed, 07/10/2019 - 14:59

I. Unlawful Discrimination and Unlawful Harassment Prohibited. The District is committed to offering a learning environment to its students that is free from unlawful discrimination and unlawful harassment and will not tolerate unlawful discrimination or unlawful harassment. All students 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, 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 students is not necessarily unlawful discrimination. Treating a person unfavorably in comparison to other similarly situated students may be unlawful when that person’s protected status is a factor in the disparate or unfavorable treatment. 

II. Complaints. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

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

IV. Definitions. 

A. “Adverse action” is defined as a response by a harassing party which is directed at the complainant as a direct result of the complainant’s failure to succumb to the harassment. Adverse actions may include, but are not limited to, any form of physical or verbal intimidation or threat, job loss, increase in work responsibilities without adequate compensation or training, and lateral transfers without a reduction in pay or benefits if the complainant is transferred to an undesirable location in the office, or any change in or interference with the complainant’s education and is a result of his or her reaction to unlawful discrimination or unlawful harassment. 

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

C. "Title IX Coordinator" shall mean the District’s Associate Superintendent of Human Resources. 

D. “Unlawful Harassment” is defined as unwelcomed repetitive conduct affecting the learning environment with the effect of unreasonably interfering with the ability of a student to perform in the school related program or activity and creates an intimidating, offensive or hostile learning environment, which is based in whole or in part on the student’s protected status.

Date of Adoption
November 20, 1995
Date of Revision
March 17, 1997
October 2, 2000
September 20, 2010
July 9, 2018
November 16, 2020

5010.2: Non-Discrimination and Harassment Complaint Procedure

5010.2: Non-Discrimination and Harassment Complaint Procedure holly Wed, 07/10/2019 - 15:03

I. Complaint and Reporting Procedures. 

A. All students and parents are responsible for helping the District to prevent unlawful discrimination and unlawful harassment. Students and parents who believe that they, or their children, 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 regarding sexual harassment shall follow the procedures of District Rule 5010.3.

1. Students and parents 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 student or parent desires not to directly communicate with the offending person, then the student or parent should report the matter to a teacher, counselor, assistant principal or principal, or any other available District personnel. 

2. When a student or parent reports unlawful discrimination or unlawful harassment to a teacher or counselor, the teacher or counselor shall: 

a. If the alleged offending person is a District staff member or other adult, immediately report the matter to the building principal. 

b. If the alleged offending person is a student, depending on the seriousness of the alleged conduct, the teacher or counselor shall either: 

(i) Immediately report the matter to an assistant principal or the building principal, or 

(ii) 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 to redress any such conduct and prevent its future recurrence. 

3. When an assistant principal or building principal receives such a report of unlawful discrimination or unlawful harassment,  they shall: 

a. If the alleged offending person is a District staff member or other adult, immediately report the matter to the District's Associate Superintendent of Human Resources. 

b. If the alleged offending person is a student, the assistant principal or building principal 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 to redress any such conduct and prevent its future recurrence. 

4. When the Associate Superintendent of Human Resources receives such a written report of unlawful discrimination or unlawful harassment (excluding sexual harassment) by a District staff member, he or she shall follow the procedures outlined in District Rule 4001.2. For reports of sexual harassment by a staff member, the procedures outlined in District Rule 4001.3 shall be used.

5. When any other District personnel receive such a report of unlawful discrimination or unlawful harassment, they shall immediately report the matter to an assistant principal or the building principal. 

B. Unless prohibited by law or District policies or rules, the investigation and resolution of the complaint or report will be discussed with the student or parent making the complaint, within ten (10) working days of the alleged discrimination being reported. 

C. If the student or parent is not satisfied with the resolution of their complaint, they may use the grievance procedures set forth in Section II of this Rule. 

II. Formal Complaint Procedures. Any student or parent who is not satisfied with the resolution of their complaint of unlawful discrimination or unlawful harassment may initiate the following formal complaint procedures which are intended to assist students and parents in the fair and prompt resolution of their complaints and concerns regarding discrimination and sexual harassment. 

A. Level 1. A student or parent shall within ten (10) working days after the occurrence of the event which is the subject of the formal complaint, make an appointment with and meet and discuss the matter with the building principal. Every effort will be made to resolve the formal complaint at this level. The building principal shall give the student or parent an oral response within seven (7) working days of such meeting. Due to the importance of resolving the formal complaint at the building level, the meeting with the building principal is important and essential, and the failure of the student or parent to attend such a meeting will constitute an abandonment of the formal complaint. 

B. Level 2. If the student or parent is not satisfied with the resolution of their formal complaint at Level 1, they may appeal by filing a formal written appeal with the building principal within seven (7) working days after the building principal's oral response at Level 1. 

1. The written appeal must be signed, contain a complete statement of the facts constituting the appeal, and the reasons why the building principal’s response is not acceptable. 

2. The building principal will notify their supervisor and the Associate Superintendent of Human Resources that they have received such a formal written appeal. The building principal shall, within seven (7) working days of receipt of the formal appeal, create a written response and forward the written response to the student or parent, and also forward the formal written appeal and their written response to the Associate Superintendent of Human Resources. 

3. Upon receipt of the formal written appeal and the building principal's written response, the Associate Superintendent of Human Resources shall investigate the appeal and attempt to resolve it. As part of the investigation, the Associate Superintendent of Human Resources may meet with the student or parent, if the student or parent so requests, 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 any previously involved supervisor, assistant principal or principal, to conduct the investigation and appeal resolution when appropriate. 

a. The Associate Superintendent of Human Resources or his/her designee shall complete a written report within ten (10) working days of receiving the formal written appeal and the building principal's written response. Such written report shall summarize the facts, the determinations made, and to the extent permissible, any corrective actions to be implemented. The Associate Superintendent of Human Resources shall provide the student or parent with a copy of such written report within two (2) working days of its completion. 

C. Level 3. If the student or parent is not satisfied with the resolution of their appeal 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. 

1. 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. 

2. 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. 

3. The Superintendent or designee shall complete a 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. The Superintendent shall provide the student or parent with a copy of such final written decision within two (2) days of its completion. 

III. General Provisions. 

A. Nothing in this Rule shall be construed as limiting the ability of students or parents who have a complaint regarding unlawful discrimination or unlawful harassment from discussing the matter informally with the building principal or any appropriate District administrators or staff members, or as limiting the involvement of the administration in informally addressing and resolving any such complaints. Students and parents are encouraged to discuss a contemplated complaint informally with the building principal 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 a student or parent 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 procedure. Nothing in this Rule shall prohibit the parties from jointly agreeing in writing to extend time lines set forth in this Rule. 

C. No retaliation of any kind will be permitted against any student or parent 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.

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

E. To the extent permitted by law and in accordance with District policies and rules, the identity of students and parents 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, complaint, 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. 

F. 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. 

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

Date of Adoption
September 20, 2010
Date of Revision
July 9, 2018
November 16, 2020

5010.3 Sexual Harassment Complaint Procedure

5010.3 Sexual Harassment Complaint Procedure jmcarson1 Tue, 11/17/2020 - 11:47

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 its students receive age appropriate instruction 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 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 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 or other course-related adjustments, modifications of work or class 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 student (or parent/legal guardian) who believes that the student 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 student has or may have been the victim of sexual harassment or harassment based upon the student’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. An 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 his/her 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 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, 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-interviewing a party or witness, and 
(b)    gathering 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 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 by the appeal officer.  
The appeal officer shall prepare a written response to the appeal within 15 working 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 on 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 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 its educational programs and 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 student and/or his or her parents/guardian of the options to avoid contact with the alleged Respondent where available. As appropriate, the District shall consider a change in academic and extracurricular activities or the student’s living, transportation, dining, and/or working situation. 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 a non-student employee on administrative leave during the pendency of the grievance process, nor from removing a Respondent from the educational program 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 student justifies removal and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Potential remedies for students 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 student population, 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. 

A student who violates the District policies prohibiting sexual harassment will be subject to intervention or discipline consistent with the Code of Student Conduct. Such intervention or discipline may include counseling, parent/guardian conference, detention, suspension, transfer, or expulsion. Incidents of sexual harassment, depending on their nature, will be referred to law enforcement and reported to child protective services, 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 students regarding discrimination, harassment, and retaliation.
 

Date of Adoption
November 16, 2020

5015: Service Animals

5015: Service Animals holly Wed, 07/10/2019 - 15:05

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

Date of Adoption
February 6, 2012
Date of Revision
June 1, 2020

5015.1: Service Animals

5015.1: Service Animals holly Wed, 07/10/2019 - 15:08

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 a student with a disability and is required for the student 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 student’s disability and required for the student 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: providing crime deterrent effects via the animal’s presence, and

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

III.      Presence of Service Animals.

          A.        A student with a service animal shall be permitted to be accompanied by his/her service animal in all areas where students are allowed to go.

          B.        A student 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 for students.

IV.      Removal of a Service Animal.

          A.        A District administrator may direct a student with a service animal, the service animal’s handler, or the student’s parents 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, leash, 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 apply, the service animal must be under the handler’s control via voice control, signals, or other effective means.

          4.        The District will provide reasonable accommodations of adult assistance to a student with a service animal when, due to the student’s young age or significant disabilities, it is reasonably necessary to assist the student in his/her use or control of the service animal, and such accommodations do not fundamentally alter the nature of the educational service, program, or activity.

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

          3.        A student with a service animal shall be solely responsible to maintain and keep current such vaccinations, licensure, and liability insurance, and neither the school nor the District shall be liable in any manner for any costs or expenses associated with meeting these requirements.

          4.        A student 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.        A student 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 neither the school nor the District shall be liable in any manner therefor.

          6.        A student 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 a student 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 student’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 a student with a disability. Examples include where the service animal is observed guiding a student who is blind or has low vision, pulling the student’s wheelchair, or providing assistance with stability or balance to a student with an observable mobility disability.

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

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

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


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

Date of Adoption
February 6, 2012
Date of Revision
July 6, 2015
Reaffirmed
June 1, 2020

5020: Equal Educational Opportunity

5020: Equal Educational Opportunity holly Wed, 07/10/2019 - 15:18

The District is committed to equal educational opportunity. No student shall on the basis of sex, sexual orientation, gender, or gender identity be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any educational program or activity in any manner which violates federal, state, or local law, or which violates District policies or rules. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

 

Date of Adoption
November 20, 1995
Date of Revision
August 7, 2000
September 20, 2010
February 19, 2018
July 9, 2018
November 16, 2020
Reaffirmed
April 21, 2008

5020.1: Equal Educational Opportunity

5020.1: Equal Educational Opportunity holly Wed, 07/10/2019 - 15:21

I. General Statement. No student shall on the basis of sex, sexual orientation, gender or gender identity be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any educational program or activity in a manner which violates federal or state law, or District policies or rules. 

II. Appointment of Title IX Coordinator. The Associate Superintendent of Human Resources, or his or her designee, shall serve as the District's Title IX Coordinator. The Title IX Coordinator shall be responsible for investigating any complaints under Title IX and the Nebraska Equal Opportunity in Education Act, and for coordinating the grievance procedures for students complaining of a violation of this Rule. 

III. Complaints and Grievances. Complaints by students or parents regarding discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3. 

Date of Adoption
November 20, 1995
Date of Revision
August 7, 2000
April 21, 2008
September 20, 2010
February 19, 2018
November 16, 2020

5100: Enrollment of Students

5100: Enrollment of Students holly Wed, 07/10/2019 - 15:24

 

Students of school age residing in the District, students who have at least one (1) parent residing in the District, and students of school age who may be by law allowed to attend the District’s schools without charge, shall be permitted to enroll in the District’s schools tuition-free.

Nonresident students may apply for enrollment in the District pursuant to the District’s Option Enrollment Program.  Nonresident students not accepted through the District’s Option Enrollment Program may seek enrollment pursuant with District Rule 5100.1 (III) (A)(3) and (4).

The District may accept foreign exchange students when space permits and such students are legally residing in the United States.  The District shall only accept foreign exchange students through the District’s approved foreign exchange programs. Foreign exchange students are encouraged to participate in the curriculum of the school they attend in a manner which promotes the education of other students.

The school principal shall determine final grade placement for students transferring from non-public schools or from schools outside of the District. 

All students must comply with federal and state health laws and regulations. 

Date of Adoption
July 20, 1992
Date of Revision
June 6, 1994
January 8, 1996
August 21, 2000
August 6, 2001
April 7, 2008
January 11, 2010
February 19, 2018

5100.1: Enrollment of Students - Residency Requirements

5100.1: Enrollment of Students - Residency Requirements holly Wed, 07/10/2019 - 15:36

I.          Rules Governing the Enrollment of Students.

            A.          Enrollment of Resident Students. Students of school age residing in the District, students who                          have at least one (1) parent residing in the District, and students of school age who may be by law allowed to attend the District’s schools without charge, shall be permitted to enroll in the District’s schools tuition-free.

            B.         Questionnaire Form. Students who reside in the District with a person other than the student's parents or legal guardian will be required to complete District and Nebraska Department of Education questionnaire forms which shall include, among other things, the name and address of the contact person for medical emergencies, student disciplinary matters, school conferences, and excessive absenteeism. The forms must be completed and returned to the District within the time frame set by the District.

            C.         Enrollment of Future Residents. Students whose parents or guardian are planning to become District residents in the reasonably near future may be enrolled in the District tuition-free. Reasonable proof of future residency will be required by the District prior to enrollment. If the parents or guardian of such student have not become District residents within nine (9) weeks of enrollment, the student may be excluded from further attendance until residency is established.

            D.         Homeless Children and Youth. Children and youths who are homeless and who request admission, shall be admitted according to District Rule 5100.9.

            E.         Expelled Students. A student who has been expelled from a public school in any school district in any state or from a private, denominational, or parochial school in any state and who has not completed the terms of the expulsion, shall not be permitted to enroll in the District until the District’s Board or the Board’s designee approves, the enrollment of the student. As a condition of such enrollment, the District’s Board may require attendance in an alternative school, class or education program pursuant to Nebraska Revised Statute §79-266 until the terms of the expulsion are completed. A student who has been expelled from a private, denominational, or parochial school or from a school in another state may not be prohibited from enrolling in the District for any period of time beyond the time limits placed on expulsion pursuant to the Student Discipline Act or for any expulsion for an offense for which expulsion is not authorized for a public school student under the Student Discipline Act, if the student is a resident of the District or the student has been accepted pursuant to the District’s Option Enrollment Programs. 

II.         Resident Students Who Move During the School Year

            Students who move out of the District during the school year may continue attending school in the                    District for the remainder of the school year tuition-free.

III.        Enrollment of Nonresident Students

            A.          The District may admit the following nonresident students:

                         1.          Students who have at least one (1) parent residing in the District.
    
                         2.          Students accepted through the District's Option Enrollment Programs.

                         3.          Nonresident students from Nebraska may be admitted pursuant to a contract with the school district where the student is a resident, with the payment and collection of tuition pursuant to the contract.

                         4.          Nonresident students of another state may be admitted, with the advance payment of tuition at a rate determined by the Board.

              B.        Nonresident students may not attend schools which are closed to option enrollment due to capacity standards. Nonresident students may request enrollment at any District school which is not closed to option enrollment. 

IV.          Wards of the State or a Court

              Any student who is a ward of the state or a ward of any court and who resides in a foster family home within the District which is licensed or approved by the Department of Health and Human Services or who resides in a foster home within the District which is maintained or used pursuant to Nebraska Revised Statute §83-108.04 shall be deemed a resident of the District. Students who are placed in foster homes within the District by individuals, or by agencies other than the Department of Health and Human Services or in foster homes which are not maintained or used pursuant to Nebraska Revised Statute § 83-108.04, as hereinbefore provided, shall be required to complete a residency questionnaire and shall be subject to the same residency requirements as other nonresident students seeking enrollment in the District.

V.            Improper Enrollment

               A.        If a student is improperly enrolled in the District, the District in its sole discretion may:

                          1.         Exclude the student from the schools of the District and charge tuition for the time period that the student was improperly enrolled; or 

                          2.         Permit the nonresident student to remain enrolled as a nonresident student provided tuition is paid in advance.

VI.         Illegal Aliens.

             Illegal aliens will not be denied a public education based on their illegal alien status.

VII.        Definitions

             A.        "Guardian" shall mean a legal guardian who has been appointed by a court or who has accepted a testamentary appointment as provided in Neb. Rev. Stat. § 30-2605.

             B.        "Homeless child or youth" shall mean:

                         1.          An individual who lacks a fixed, regular, and adequate nighttime residence; and 

                         2.          Includes:

                                     a.        Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

                                     b.        Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, within the meaning of 42 U.S.C. §11302(a)(2);

                                     c.        Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

                                     d.        Migratory children, as defined in 20 U.S.C. § 6399(3), who qualify as homeless because the children are living in circumstances described in subsections VII(B)(2)(a)-(c)

                        3.          The term “homeless child or youth” does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State law.

             C.       "Improper enrollment" shall mean students enrolled in the District who do not meet the residency, option enrollment, or other statutory requirements to enable tuition-free admission into the District. 

             D.       "Parents” shall mean the lawful father or mother of a child, including adoptive parents. A guardian or any other person in legal or actual charge or control of a child who enrolls a child in school, shall be considered to be acting as a parent for all educational purposes, unless otherwise restricted by law.

 

Date of Adoption
February 1, 1982
Date of Revision
January 8, 1996
August 21, 2000
August 6, 2001
May 5, 2003
January 11, 2010
July 11, 2011
December 19, 2011
June 3, 2019
August 21, 2023
Reaffirmed
June 3, 2019

5100.2: Enrollment of Students - Kindergarten Age, Proof of Identity, Physical Examination and Immunization

5100.2: Enrollment of Students - Kindergarten Age, Proof of Identity, Physical Examination and Immunization holly Wed, 07/10/2019 - 15:56

I. Admission to Kindergarten:  Age Requirement. The District shall not admit any child into kindergarten unless such child has reached the age of five (5) years or will reach such age on or before July 31 of the current year with the following exceptions:     

A. The Board may admit a child who will reach the age of five (5) between August 1 and October 15 of the current school year if the parent or guardian requests such entrance and provides an affidavit stating that:

1. The child attended kindergarten in another state in the current school year in accordance with the other state’s kindergarten enrollment statutes; or

2. The family anticipates a relocation to another state that would allow admission to kindergarten within the current school year in accordance with the other state’s kindergarten enrollment statutes; or

3. The child has demonstrated through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

A. Recognized assessment procedures that the District’s Educational Services Division follows include:

I. A parent/guardian wishing to have their child considered for early entrance must be a resident within the District.

II. The parent/guardian must attend a parent meeting about early entrance testing.

III. The assessment date and time will be scheduled at the end of the parent meeting.

IV. The parent/guardian must bring to the testing center, prior to testing:
1. Consent for evaluation,
2. A copy of the child’s birth certificate,
3. Completed Early Entrance Parent Questionnaire, and
4. A fee paid to the District.

V. Early entrance into kindergarten will be based on meeting or exceeding all assessment cutscores.

VI. A report will be provided the parent/guardian and a copy placed in the child’s school record.

VII. If the child will be accepted into kindergarten, the information will be shared with appropriate school personnel.

VIII. If the child meets the criteria for early entrance they must attend full-day.

B. Assessment components include, but are not limited to:
I. The Differential Ability Scales II (DAS-2), administered by qualified District personnel (a standard score at or above 130 on the General Conceptual Ability and 125 on School Readiness).
II. The Conners Early Childhood Rating Scale is completed by parents.
III. Other assessments deemed necessary.

B. The Board may admit a child who will reach age five (5) between August 1 and October 15 of the current school year, who is seeking such admission by transfer from any Nebraska non-public school or from any Nebraska public school district, if the child has demonstrated through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

1.The recognized assessment procedures approved by the Board are those set forth in the subsection I(A)(3) of this Rule.

2. Attendance in kindergarten in any Nebraska non-public school does not exempt the child from having to demonstrate through assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

3. Attendance in kindergarten in any other Nebraska public school district does not exempt the child from having to demonstrate through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten, unless in the District’s sole determination the assessment procedures of the other Nebraska public school district are equivalent to the recognized assessment procedures set forth in the subsection I(A)(3) of this Rule.

II. Proof of Age and Identity, Physical Examination, and Immunization.

A. Upon enrollment of a student in the District, the enrolling school shall:

1. Require compliance with the physical examination and visual evaluation requirements of District Rule 5600.3 (I).

2. Require compliance with the immunization requirements of District Rule 5600.3 (II) and (III).

3. Notify in writing the person enrolling the student that if a birth certificate or other reliable proof was not provided upon enrollment that he or she must provide within thirty (30) days either:

A. A certified copy of the student’s birth certificate; or test Other reliable proof of the student’s identity and age, along with an affidavit explaining the inability to produce a copy of the birth certificate.

B. If a certified copy of a birth certificate cannot be produced, then other reliable proof (in order of preference) of the student’s identity and age must be provided along with an affidavit explaining the inability to produce a copy of the birth certificate:

1. Baptismal certificate;

2. Passport;

3. Immigration certificate; or

4. Bible record.

C. Upon failure of the parent or guardian to comply with the preceding paragraph, written notice shall be given to the parent or guardian that unless he or she complies within ten (10) days the matter shall be referred to the local law enforcement agency for investigation.  If compliance is not obtained in such ten (10) day period, then the matter shall be immediately reported to the local law enforcement agency.  Any affidavit received pursuant to the preceding paragraph that appears inaccurate or suspicious in form or content shall be reported immediately to the local law enforcement agency.

III. Withdrawal (Age 6 and Below)

A. In accordance with the Nebraska Compulsory Education Law, any person with legal or actual charge or control of a child who will reach six (6) years of age prior to January 1 of the then-current school year, may discontinue the enrollment of such child by meeting with the principal and providing the following documentation:

1. A signed affidavit stating that the person intends for the child to participate in a non-accredited or non-approved school and the person intends to provide the Commissioner of Education with a statement pursuant to Nebraska Revised Statute §79-1601(3) on or before the child's seventh birthday; or

2. A signed affidavit stating that the child is participating in an education program that the person believes will prepare the child to enter grade one (1) for the following year.

3. The principal shall notify the Director of Student Services of the withdrawal.

B. In accordance with the Nebraska Compulsory Education Law, any person with legal or actual charge or control of a child who will not reach six (6) years of age prior to January 1 of the then-current school year, may discontinue the enrollment of such child by meeting with the principal and completing the building withdrawal procedures. The principal shall notify the Director of Student Services of the withdrawal.

Date of Adoption
July 20, 1992
Date of Revision
June 6, 1994
August 21, 2000
August 6, 2001
June 6, 2005
March 3, 2008
March 1, 2010
December 19, 2011
June 3, 2019
Reaffirmed
April 7, 2008

5100.3: Enrollment of Students - Nonresident Students: Enrollment Option Program

5100.3: Enrollment of Students - Nonresident Students: Enrollment Option Program holly Wed, 07/10/2019 - 16:04

I.    General Statement.  


A.    Nebraska law enables any kindergarten through twelfth grade Nebraska student to attend a school in a public school district in which the student does not reside pursuant to the Nebraska option enrollment laws and subject to limitations and standards authorized by law and adopted by the public school district.  The option is only available once to each student prior to graduation.  Provided however, that an option does not count toward such limitation if such option meets, or met at the time of the option, one of the following criteria:  
 
1.    The student relocates to a different resident school district; or
2.    The option school district merges with another district; or 
3.    The option school district is a Class I district; or 
4.    The student will have completed either the grades offered in the school building originally attended in the option school district or the grades immediately preceding the lowest grade offered in the school building for which a new option is sought; or 
5.    The option would allow the student to continue current enrollment in a school district; or 
6.    The option would allow the student to enroll in a school district in which the student was previously enrolled as a student; or 
 
B.    Option enrollment shall be administered under the direction of the District’s Superintendent and the Superintendent shall serve as the designee of the District’s Board of Education for any matters involving option enrollment to be acted upon by the Board, except as otherwise required by law or hereinafter provided.

II.    Standards for Acceptance, Rejection, and Capacity.

    A.    Acceptance, Rejection, and Capacity.  The Board shall adopt a resolution setting forth its specific capacity standards for acceptance and rejection of applications as an option school district, and for acceptance or rejection of a request for release of a resident or option student submitting an application to an option school district after March 15 as provided in subsection III(A) of this Rule.  The Board's adoption of a resolution does not preclude the Board from adopting a subsequent resolution with specific capacity standards partially or wholly different from its previous resolution(s).  Capacity for special education services shall be determined on a case-by-case basis, with the District’s Director of Special Education Services or designee evaluating the applications for option enrollment received by the District which indicate that the student has an individualized education program under the Individuals with Disabilities Education Act or has been diagnosed with a disability as defined in Neb Rev. Stat. § 79-1118.01, to determine if the District and the appropriate class, grade level, or school building has the capacity to provide the student the appropriate services and accommodations. For all other students, the standards may include the capacity of a program, class, grade level, or school building, and, in addition shall take into consideration any unique circumstances having an impact on enrollment capacity.  Such unique circumstances having an impact on enrollment capacity shall include, but shall not be limited to, planned expansion and increases of enrollment, projected future enrollments, growth issues pertaining to instructional staff, class size and unassigned instructional space, housing construction projections, and planned accommodations for future enrollment growth.  To facilitate option enrollment, the District shall annually establish, publish, and report a maximum capacity for each District school building pursuant to procedures, criteria and deadlines established by the State Department of Education.   Standards shall not include previous academic achievement, athletic or other extracurricular ability, disabilities, proficiency in the English language, or previous disciplinary proceedings except as provided in Neb. Rev. Stat. §79-266.01.  Standards for acceptance or rejection of a request for release shall not include that a request occurred after the deadline set forth in subsection III(A) of this Rule.  The District may by resolution prior to October 15 of each school year, declare a program, class, grade level, or school building unavailable to option students for the next school year due to a lack of capacity. 

B.    Priorities for Option Enrollment.  Priority for acceptance of applications received shall be as follows: 

1.    For applications received on or before the March 15 deadline:

a.        First priority for option enrollment shall be for siblings of option students enrolled in the District.  
b.        Second priority shall be for enrollment of students who reside in the Learning Community and who contribute to the socioeconomic diversity of enrollment at the school building to which the student will be assigned. 
c.        Third priority shall be for enrollment of other students who reside in the Learning Community.  
d.        The District shall not be required to accept a student meeting the priority criteria if the program, class, grade level, or school building is at capacity, except as provided in Neb. Rev. Stat. § 79-240 and subsection III(D)(7) of this Rule.

2.        In the event there are fewer spaces available than the number of applications in a given priority category, the selection shall be determined on a random basis. If the applications received for a school building exceed the remaining capacity of a school building, the District shall establish a wait list for all excess applications in the order of selection priority as hereinbefore provided, and option enrollment slots which become available shall be filled from the wait list in order as provided in subsection IV of this Rule. All wait lists will become null and void prior to the first day of the next upcoming second semester. 
 
3.    For applications received after the March 15 deadline and for which space is available in the program, class, grade level, or school building, selection shall be as provided in subsection IV of this Rule.

III.    September 1 to March 15 Regular Application and Cancellation Process.

A.    September 1 to March 15 Regular Application.  To attend an option school district, the student's parents or legal guardian shall submit an application to the board of education of the option school district between September 1 and March 15 for enrollment during the following school year.  If the District is the option school district, the application shall be delivered to the office of the Superintendent or Superintendent's designee.  Applications submitted after March 15 shall contain a release approval from the resident school district on the application form prescribed and furnished by the Department of Education.  The option school district may not accept or approve any applications submitted after such date without such a release approval.  The option school district shall provide the resident school district with the name of the applicant on or before April 1. 

1.    The student’s parents or legal guardian shall use the application and cancellation forms furnished by the Department of Education.  
2.    A separate application is required for each student.
3.    Applications shall be accepted for the immediately following school year only. 
4.    Siblings of option students shall make their own independent application for attendance as an option student.
5.    A particular school within a school district may be requested, but the school assignment of the option student shall be determined by the option school district and Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school. 
6.    A parent or guardian may provide information on the application regarding the applicant’s potential qualification for free or reduced-price lunches.  Any such information provided shall be subject to verification and shall only be used for the purposes of Neb. Rev. Stat. § 79-238(4).  Nothing in this subsection requires a parent or guardian to provide such information.  Determinations about an applicant’s qualification for free or reduced-price lunches for purposes of Neb. Rev. Stat. § 79-238(4) shall be based on any verified information provided on the application.  If no such information is provided, the student shall be presumed not to qualify for free or reduced-price lunches for the purposes of Neb. Rev. Stat. § 79-238(4).  Each year the District shall randomly select at least three percent of the option enrollment applications accepted, for verification of free or reduced-price lunch status.  The District may, in its discretion, audit to verify the free and reduced-price lunch status of all such applications.  

7.    Applications for students who do not actually attend the option school district may be withdrawn in good standing upon mutual agreement by both the resident and option school districts.

8.    False or substantially misleading information submitted by a parent or guardian on an application to an option school district may be cause for the option school district to reject an application or to reject a previously accepted application if the rejection occurs prior to the student’s attendance as an option student.

        9.    Students who relocate to a different resident school district after February 1, or whose option school district merges with another district effective after February 1, may submit an application to an option school district for attendance during the current or immediately following and subsequent school years. Such application does not require the release approval of the resident district and the option school district shall accept or reject such application within forty-five days and shall provide the resident school district with the name of the applicant within forty-five days of submission.    

    B.    Cancellation.  No option student shall attend an option school district for less than one school year unless the student relocates to a different resident school district, completes requirements for graduation prior to the end of the student's senior year, transfers to a private or parochial school, or upon mutual agreement of the resident and option school district to cancel the enrollment option and return to the resident school district.  Except as provided in the preceding sentence or the option student shall attend the option school district until graduation unless the student relocates in a different resident school district, transfers to a private or parochial school, or chooses to return to the resident school district.  In case of cancellation, the student's parents or legal guardian shall provide written notification to the school boards of the option and resident school districts on forms prescribed and furnished by the Department of Education in advance of such cancellation.                  

    C.    Waiver of Deadlines.  Upon agreement of the school boards of the resident and option school districts, the deadlines for application and approval or rejection may be waived.

D.    Acceptance by District.

    1.    The District shall accept or reject applications based on the capacity of the school building, the eligibility of the applicant for the school building program, the number of such applicants that will be accepted for a given school building, and in the order of selection priority as hereinbefore provided, and for applications which indicate that the student has an individualized education program under the Individuals with Disabilities Education Act or has been diagnosed with a disability as defined by Neb. Rev. Stat. § 79-1118.01, the capacity to provide the services and accommodations required.

    2.    The selection process shall be conducted on a “building by grade” basis.  In the event the applications to a building exceed the capacity of such building, the selection shall be in the order of selection priority as hereinbefore provided.

    3.    If all school buildings identified on an application are at maximum capacity but the District has buildings offering the same grades which have remaining capacity, the District may communicate with the student, parent or legal guardian and identify those school buildings within the District which have capacity, which the applicant may substitute for one or more school buildings identified on the submitted application. 

    4.    If the applications received for a school building exceed the remaining capacity of the school building, the District shall establish a wait list for all excess applications in the order of selection priority as hereinbefore provided, and option enrollment slots which become available shall be filled from the wait list in order as provided in subsection IV of this Rule. All wait lists will become null and void prior to the first day of the next upcoming second semester.
 
    5.    The District may, in its discretion, accept option enrollment applications in excess of the maximum capacity of a school building, in the order of selection priority as hereinbefore provided.

    6.    The District shall notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected on or before April 1.

        7.    The following students shall be automatically accepted and the deadlines prescribed in Neb. Rev. Stat. § 79-234 shall be waived:

            a.    Students who relocate in a different school district but want to continue attending the original resident school district and who have been enrolled in the original resident school district for the immediately preceding two years. 

            b.    Option students who relocate in a different school district but want to continue attending the option school district.

            c.    An option student who subsequently chooses to attend a private or parochial school shall be automatically accepted to return to either the resident or option school district upon the completion of the grade levels offered at the private or parochial school.  If such student chooses to return to the option school district, the student’s parents or legal guardian shall submit another application to the option school district’s board of education which shall be automatically accepted, and the application deadlines shall be waived. 

    E.    Completion of Enrollment Processes.
        
        1.    The parents or legal guardians of a student who has been accepted by the District for an option enrollment placement, must complete the District’s defined enrollment processes by May 15.  Failure to complete the District’s defined enrollment processes by May 15 shall result in the forfeiture of the option enrollment slot by the applicant, and, if applicable, shall be filled from the District’s wait list as provided in subsection IV of this Rule.    

IV.     Wait Lists and Application Process for Newly Available Option Enrollment Slots After June 1. 

A.    The District will follow the following procedures when any option enrollment slots open or become newly available after June 1 and up through the day prior to the start of the next upcoming second semester. 

B.    Such option enrollment slots which become newly available shall first be filled from the wait list in order. 

1.    The District will communicate with the parent or legal guardian of the first student on the wait list about the newly available option enrollment slot and whether the parent or legal guardian desires to accept it.  If the parent or legal guardian does not accept it, then the District shall similarly communicate with the parents or legal guardians of the next students on the wait list in order, until the newly available option enrollment slot is filled or the wait list is exhausted. 

2.    When a parent or legal guardian accepts such a newly available option enrollment slot they will have four business days to obtain and provide to the District a release approval from the resident school district on the application form prescribed and furnished by the Department of Education.  The District may not fill any such newly available option enrollment slot without such a release approval. 

3.    When the release approval is provided to the District, the District shall immediately notify, in writing, the parent or legal guardian of the student and the resident school district that the application is accepted.  The parent or legal guardian of the student so accepted for a newly available option enrollment slot must then complete the District’s defined enrollment processes within three business days and the student shall immediately start attending school when the District’s defined enrollment processes are completed, if school is then in session.

4.    Failure to complete the District’s defined enrollment processes within three business days and/or failure of the student to start attending school shall result in the forfeiture of the option enrollment slot by the applicant and such slot shall then be offered to the parents or legal guardians of the next student on the wait list in order. 

5.    All wait lists shall become null and void prior to the first day of the next upcoming second semester. 

6.    No such newly available option enrollment slots shall be filled from any wait lists after the start of the second semester and through May 31. 

C.    If there is no applicable wait list, then such option enrollment slots which become newly available may be filled via any new application or applications which may be received by the District therefor. 

1.    Such applications will only be received after June 1 and up to the day prior to the start of the upcoming second semester. Such applications must be delivered to the office of the Superintendent or Superintendent’s designee. Such applications shall contain a release approval from the resident school district on the application form prescribed and furnished by the Department of Education. The District may not accept or approve any such applications without such a release approval. 

2.    The application requirements as provided in subsections III(A)(1), (2), (4), and (6) through (9) of this Rule must be complied with. 

3.    Such applications shall only be received for the program, class, grade level, or school building which the District has determined to have then available option enrollment slots, and acceptance shall be based upon the date and time of submittal of the application to the District with the earliest date and time of submittal receiving priority.

4.    If there are multiple and simultaneous applications submitted, the District shall accept reject such applications based on the number of option enrollment slots which the District has determined are then available for option enrollment, the eligibility of the applicant for the school building program, and in the order of selection priority as provided in subsections II(B)(1)(a) through (d) of this Rule. If such option enrollment slots still exist after the completion of the selection priority process, then those slots shall be filled on a random drawing basis from the existing applications on file. The District shall not establish a wait list for any excess applications.

5.    The District shall immediately notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected. 

6.    The parent or legal guardian of the student so accepted for a newly available option enrollment slot must then complete the District’s defined enrollment processes within three business days and the student shall immediately start attending school when the District’s defined enrollment processes are completed, if school is then in session.

7.    Failure to complete the District’s defined enrollment processes within three business days and/or failure of the student to start attending school shall result in the forfeiture of the option enrollment slot by the applicant and such slot shall remain open. 
    
V.    Notification of Rejection of Application or Request for Release and Right to Appeal.  

If an application or request for release is rejected by the District in its capacity as an option or resident school district, the District shall provide written notification sent by certified mail to the parent or guardian stating the specific reasons for the rejection including, for students with an individualized education program under the Individuals with Disabilities Education Act or with a diagnosed disability as defined in Neb. Rev. Stat. § 79-1118.01, a description of the services and accommodations required that the District does not have the capacity to provide, and the process for appealing such rejection to the State Board of Education.  The parent or legal guardian may appeal the rejection to the State Board of Education within thirty days after the date the notification of the rejection was received by the parent or legal guardian. 

VI.    Treatment of Option Students.  

For purposes of all duties, entitlements, and rights established by law, including special education as provided in Neb. Rev. Stat. § 79-1127, option students shall be treated as resident students of the option school district. 

VII.    Accepting Credits.  

If the District is the option school district, it will accept credits toward graduation that were awarded by the resident school district.  Further, the District shall award diplomas to option students if the student meets the District's graduation requirements.  

VIII.    Transportation or Reimbursement.

 This section constitutes the District’s specific standards for providing transportation for option students for the 2017-2018 school year and the school years thereafter.

A.    Except as otherwise provided by law, Neb. Rev. Stat. § 79-611 and District Rule 3811.1 do not apply to the transportation of option students.

B.    The parent or legal guardian of the option student shall be responsible for transportation except as herein provided.

C.        Option students who qualify for free lunches shall be eligible for transportation reimbursement as described in Neb. Rev. Stat. § 79-611 from the District, except that they shall be  reimbursed at the rate of one hundred forty-two and one-half percent of the mandatorily established mileage rate provided in Neb. Rev. Stat. § 81-1176 for each mile actually and necessarily traveled on each day of attendance by which the distance traveled one way from the residence of such student to the schoolhouse exceeds three miles.

D.     For option students verified as having a disability as defined in Neb. Rev. Stat. § 79-1118.01, the transportation services set forth in Neb. Rev. Stat. § 79-1129 shall be provided by the resident school district.
 
IX.    Definitions.     

    A.    "Department of Education" shall mean the Nebraska State Department of Education.

    B.    "Enrollment Option Program" shall mean the program established in Neb. Rev. Stat. § 79-234. 

    C.    “Learning Community” shall mean the Learning Community of Douglas and Sarpy Counties.

    D.    "Option school district" shall mean the public school district that a student chooses to attend other than the student's resident school district.

    E.    "Option student" shall mean a student that has chosen to attend an option school district.

    F.    "Parents" shall mean, in the case of parents who are divorcing or divorced, the custodial parent.

    G.    "Resident school district" shall mean the public school district in which a student resides or the school district in which the student is admitted as a resident of the school district pursuant to Neb. Rev. Stat. § 79-215.

    H.    "Siblings" shall mean all children residing in the same household on a permanent basis who have the same mother or father or who are stepbrother or stepsister to each other.

    I.    “Student who contributes to the socioeconomic diversity of enrollment” shall mean a student who does not qualify for free or reduced-price lunches when based upon the certification pursuant to Neb. Rev. Stat. § 79-2120, the school building the student will be assigned to attend either has more students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community or provides free meals to all students pursuant to the community eligibility provision, or a student who qualifies for free or reduced-price lunches based on information collected voluntarily from parents and guardians pursuant to Neb. Rev. Stat § 79-237 when, based upon the certification pursuant to Neb. Rev. Stat. § 79-2120, the school building the student will be assigned to attend has fewer students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community and does not provide free meals to all students pursuant to the community eligibility provision.


 

Date of Adoption
January 8, 1996
Date of Revision
August 5, 1996
August 21, 2000
August 6, 2001
June 1, 2015
September 19, 2016
February 19, 2018
December 2, 2019
August 21, 2023
Reaffirmed
April 7, 2008

5100.4: Enrollment of Students - Foreign Exchange Students

5100.4: Enrollment of Students - Foreign Exchange Students holly Thu, 07/11/2019 - 08:55

I. Admission 

A. The District will annually approve foreign exchange programs prior to considering and admitting foreign exchange students for the ensuing school year. All foreign exchange agencies must be certified through the Council on Standards for International Educational Travel. The Board will be provided with a written list of the foreign exchange programs approved by the District.

B. The District will accept a maximum of nine (9) students from foreign nations through the District's approved foreign exchange programs unless otherwise determined by the Superintendent or designee. 

C. Foreign exchange students must be at least sixteen (16) years old, but not older than nineteen (19) years old, on or by September 1st of the school year in which the student is going to enroll in the District. Foreign exchange students must not have graduated from high school (or an equivalent educational institution) prior to enrollment in the District.

D. Complete application portfolios will be accepted on a first come first served basis in the Office of Student Services beginning on the first day of school of the preceding school year of attendance. All application portfolios must include the following:

i. Student demographic information to include a Birth Certificate or Passport. 

ii. Student Health information to include immunization records. All foreign exchange students must meet the minimum immunization requirements for the State of Nebraska.

iii. Host family application and information to include address and length of stay.

iv. Documentation of financial support and assurance that the student is covered by health insurance.

v. A complete transcript and brief explanation of the transcript.


vi. The name and contact information of the local exchange program liaison

E. No foreign exchange student will be enrolled in the District until the foreign exchange student has provided the District with all records and information requested by the District. Foreign exchange students must also comply with any health requirements imposed by state or other governing law. 

F. To be enrolled, acceptance by the District of foreign exchange students must be made prior to the commencement of the school year; no acceptance of foreign exchange students will be made during the school year.

G. Upon acceptance, the host family must contact the assigned high school to complete additional enrollment and scheduling processes.

H. The Millard Public Schools is not responsible for finding host families for foreign exchange students.

II. Requirements During Attendance in the District 

A. Foreign exchange students must reside in the District during the school year.

B. With the exception of providing activity tickets, no District funds will be expended on foreign exchange students unless expressly authorized by the Board. 

C. If practicable, placement of more than one student of a particular foreign nationality in the same high school will be avoided. 

D. Foreign exchange students completing twelfth grade in the District will be provided with an honorary Diploma. If a foreign exchange student wishes to receive a District high school diploma, the student must make application to the school principal at the beginning of the school year, and must successfully complete District graduation requirements.

E. The Millard Public Schools will not provide English-as-a-second-language instruction to foreign exchange students. 

F. Foreign exchange students are subject to all district policies and rules.

Date of Adoption
January 8, 1996
Date of Revision
August 21, 2000
June 1, 2015
Reaffirmed
September 13, 1999
April 7, 2008
June 6, 2022

5100.5: Enrollment of Students - Student's Surname

5100.5: Enrollment of Students - Student's Surname holly Thu, 07/11/2019 - 09:03

I. Rules Governing Student Surnames


A. Enrollment 


Students enrolling in the District will be enrolled using the surname used in the student's birth certificate unless the student's surname has been changed by a court of competent jurisdiction in which case the District will use the surname ordered by such court.

B. District Records 


When preparing or filling out records pertaining or relating to a District student, the District will use the surname used in the student's birth certificate unless the student's surname has been changed by a court of competent jurisdiction in which case the District will use the surname ordered by such court.

Date of Adoption
March 4, 1996
Date of Revision
August 21, 2000
May 18, 2015
Reaffirmed
April 7, 2008
June 6, 2022

5100.6: Enrollment of Students - Enrollment Information

5100.6: Enrollment of Students - Enrollment Information holly Thu, 07/11/2019 - 09:11

I. Collection of Information


At the beginning of each school year, the District will collect enrollment information on paper report forms to provide a baseline for judging the accuracy of the District’s computerized database. Paper reports will be used on the third school day and on September 20th; computerized records will be used thereafter.

When a student enrolls during the school year, the principal or principal’s designee will be responsible for collecting the applicable census data for all the children in that student’s family. The District’s administration may develop and implement guidelines and procedures to assist school principals or the principals’ designee in obtaining the appropriate census and enrollment information.

II. Contents and Timelines of Enrollment Reports 


An accurate enrollment report will be accessible to authorized users on or by the 20th day of each month. It will be the responsibility for each District school to ensure that each student is properly recorded in the District’s database.

Student database information shall include each student’s:

A. Grade, teacher (for elementary grade students), race, and sex;

B. Status (whether the student has been added to or dropped from enrollment in the District); and

C. Housing subdivision.

Date of Adoption
April 21, 1997
Date of Revision
August 21, 2000
May 18, 2015
Reaffirmed
April 7, 2008
June 6, 2022

5100.7: Enrollment of Children in Preschool Programs

5100.7: Enrollment of Children in Preschool Programs holly Thu, 07/11/2019 - 09:14

I. Qualified children may apply for participation in the District’s preschool programs. Qualified children meet the following criteria:

A. Resident Requirement: Children must reside in the District or have one parent residing in the District.

B. Age Requirement: The District shall not admit any child into preschool unless such child has reached the age of four (4) years or will reach such age on or before July 31 of the current school year. Children who have reached the age of five (5) years on or before July 31 of the current school year are not preschool eligible. 

II. Applications shall be made in accordance with the following application procedures:

A. Applications Open: Applications may be submitted to the Office of Educational Services after September 15 of the year preceding. 

B. Applications Deadline: The deadline for applications is February 15 of the preceding school year.

III. Applications for a preschool program will be approved and placements will be made in the following order: 

A. Qualified children whose family income qualifies them for participation in the federal free or reduced lunch program; English learner; children who demonstrate an academic need; children whose parents are younger than eighteen; children who were born prematurely or at a low birth weight as verified by a physician; children enrolled in Head Start; children of homeless families; foster children; and children of migrant families. 

B. Remaining slots are available for parent pay children subject to NDE Rule 11 and placement will be made in the following order.
i. Qualified children in the school attendance area.
ii. Qualified siblings of children enrolled in the building or program.
iii.Qualified children from elsewhere in the District.

C. In the event that the applications for a preschool program exceed capacity, then a random drawing in the order outlined in Section III(A) above will determine which applications are approved. 

D. The District reserves the right to accept preschool enrollment on an as available basis once the school year begins.

IV. Limitations and Restrictions on Student Eligibility

A. Qualified resident children who are accepted into a preschool program will be assigned back to their home school for kindergarten. If parents wish to enroll their child in a building other than the assigned school, they may apply via the District’s K-12 Within-District Transfer Policy.

B. Students who are accepted into a preschool program may transfer to another preschool program during the current school year only if an opening is available and there is not a wait list. Students may apply for a different preschool program for the subsequent year by following the application steps outlined in Section II above. Applications will be processed in accordance with Section III(A) above.

C. Students who move out of the district do not meet eligibility requirements and are no longer qualified to participate in the District's preschool programs. Such students will be disenrolled from the program.

V. Transportation

A. Transportation for children must be provided by the child's parents or legal guardian unless as otherwise required by law.

VI. Exceptions

A. The District recognizes the configuration of educational groupings unique to specific preschool programs. Such unique configurations may result in the continued participation in said program until such time as the next program grouping is encountered. The District reserves the right to make this determination annually based upon program capacity and other pertinent factors. 

B. Nebraska Department of Education Rule 11 requires Title I funded programs to include children verified as having disabilities pursuant to 92 NAC 51 and to maximize the participation of economically and categorically diverse groups of children. 

VII. Program Qualifications

A. All Early Childhood Programs shall comply with Nebraska Department of Education Rule 11.

B. Nebraska Department of Education Rule 11 states that grant funds shall be targeted toward serving children regardless of their abilities, disabilities, or the social, linguistic, or economic diversity of the children's families. 

C. Early Childhood Special Education services are provided for eligible children birth to age five based upon evaluation of the child’s development. This program is only available to resident children, and children who have at least one parent residing in the District.

D. Montessori Preschool: Open to three and four year olds that have reached that age on or before July 31 of that school year. This program follows the Montessori curriculum and methodologies. Parents may apply to enroll their child in another Montessori Preschool program site for the subsequent year by following the application steps outlined in Section II above. Applications will be processed in accordance with Section III(A) above.

Date of Adoption
December 7, 2009
Date of Revision
December 6, 2010
December 19, 2011
June 3, 2019

5100.9: Enrollment of Homeless Children and Youths

5100.9: Enrollment of Homeless Children and Youths holly Thu, 07/11/2019 - 09:21

I. The District will comply with the federal and state laws regarding homeless children and youths. 

A. "Homeless child or youth" shall mean:

1. An individual who lacks a fixed, regular, and adequate nighttime residence; and

a. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals. 

b. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, within the meaning of 42 U.S.C. § 11302(a)(2)(c); 

c. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

d. Migratory children, as defined in 20 U.S.C. § 6399, who qualify as homeless because the children are living in circumstances described in subsections I (A)(1)(a)-(c) above.

B. The term “homeless child or youth” does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State law. 

II. Homeless Coordinator. The District’s designated Homeless Coordinator is the Director of Student Services. The Homeless Coordinator shall serve as the school liaison for homeless children and youth. 

A. Responsibilities. The responsibilities of the Homeless Coordinator are to assist with the identification, enrollment, and placement of homeless children and youth, and to provide support and staff development activities to all school personnel regarding the educational rights and needs of homeless children and youth, as needed. The Homeless Coordinator shall ensure that: 

1. Homeless children and youths are identified by school personnel and through outreach and coordination activities with other entities and agencies; 

2. Homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in schools of the District and to meet the same State academic standards to which all student are held; 

3. Homeless children and youths and their families have access to and receive educational services for which they are eligible and referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; 

4. The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children; 

5. Written notices are provided in accordance with federal law and public notices of the educational rights of homeless children and youths are disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; 

6. Enrollment disputes are mediated in accordance with Section VI of this Rule; 

7. The parents or guardians of homeless children and youths, and any unaccompanied youth, are fully informed of transportation services available under law; 

8. Unaccompanied youths are enrolled in school, have opportunities to meet the same State academic standards as the State establishes for other children and youth, and that unaccompanied youth are informed of their status as independent students under the Higher Education Act of 1965 and may obtain assistance from the Homeless Coordinator to receive verification of such status for purposes of the free application for federal aid pursuant to 20 U.S.C. § 1090. 

B. Coordination. The Homeless Coordinator shall coordinate with State coordinators and community organizations as well as school personnel responsible for the provision of education and related services to homeless children. Coordination activities with area shelters and other homeless service providers are to be established by the Homeless Coordinator. 

C. Financial. In conjunction with the Business Office, the Homeless Coordinator shall ensure that financial records are maintained to show expenditures are for authorized activities. 

D. Program Activities. The Homeless Coordinator shall design program activities to meet the greatest need as determined by the District and homeless service providers. 

E. Documentation. The Homeless Coordinator shall document the number of homeless children and youth receiving services. 

F. Student Records. The Homeless Coordinator shall ensure that any record ordinarily kept related to students, including immunization and other required health and medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, shall be maintained so that the records of a homeless child or youth are available, in a timely fashion, when the child or youth enters a new school or school district and in a manner consistent with the Family Educational Rights and Privacy Act. 

III. Enrollment and Placement of Homeless Children and Youth. The enrollment and placement of homeless children and youths shall be in compliance with federal and state laws. 

A. Enrollment. A homeless child or youth shall be immediately enrolled even if the child or youth is unable to produce records normally required for enrollment. Lack of previous school records, immunization and other required health and medical records, birth certificate, or other documentation from the previous school will not delay the enrollment of a homeless child or youth. Guardianship issues, uniform or dress code requirements, and residency requirements will not be an obstacle to delay or deny enrollment. The District may nonetheless require the parent or guardian of the homeless child or youth to submit contact information. 

B. Obtaining Records. The District shall immediately contact the school last attended by the homeless child or youth to obtain relevant academic and other records. If the homeless child or youth needs to obtain immunizations or other required health or medical records, the District shall immediately refer the parent or guardian of the homeless child or youth to the Homeless Coordinator, who shall assist in obtaining necessary immunizations or screenings, or the immunization or other required health or medical records. 

C. Placement. Placement decisions for a homeless child or youth shall be made according to the District’s determination of the child’s or youth’s best interest. 

1. In determining the best interest of the child or youth, the District shall: 

a. Presume that keeping the child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the child’s or youth’s parent or guardian; and 

b. Consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian; and 

c. If after conducting the best interest determination based on consideration of the presumption and the student-centered factors, the District determines that it is not in the child’s or youth’s best interests to attend the school of origin or the school requested by the parent or guardian, the District shall provide the child’s or youth’s parent or guardian with a written explanation of the reasons for the determination, in a manner and form understandable to such parent or guardian, including information regarding the right to appeal. 

2. If placed in the school of origin, the placement shall continue for the duration of the child’s or youth’s homelessness. If the child or youth becomes permanently housed (no longer homeless) during the school year the placement in the school of origin will be continued for the remainder of that school year. When the child or youth completes the final grade level served by the school of origin, the District designated receiving school at the next grade level shall become the school of origin. 

3. If the homeless child is an unaccompanied youth, the Homeless Coordinator shall assist in the placement decision, give priority to the views of the unaccompanied youth, and, if it is determined not to be in the unaccompanied youth’s best interests to attend the school of origin or the school requested by the unaccompanied youth, provide the unaccompanied youth with a written explanation of the reasons for the determination, in a manner and form understandable to such unaccompanied youth, including information regarding the right to appeal. 

4. The grade placement for the homeless child or youth will be the appropriate grade level as determined by the building principal or designee using the same procedures that are used for placing non- homeless children or youths attending that school. 


IV. Educational Services and Stigmatization or Segregation. It is the District’s policy that homeless children and youths not be stigmatized or segregated on the basis of their status as homeless. Homeless children and youths will be provided the same free appropriate public education as other students. Homeless children and youths will be provided services comparable to services offered to other students in the school in which the homeless child or youth has been placed, including transportation services, educational services for which the student meets the eligibility criteria, such as services provided under Title I, educational programs for children with disabilities, educational programs for English language learners, programs in vocational, career and technical education, programs for gifted and talented students, and school nutrition programs. 

V. Transportation. Transportation will be provided to homeless children and youths to the extent required by law. 

A. Comparable Service. Transportation will be provided to homeless children and youths comparable to that provided to students who are not homeless. 

B. School of Origin. When a homeless child or youth attends the school of origin, transportation will be provided to and from the school of origin upon request of the parent or guardian of the homeless child or youth, or upon request of the Homeless Coordinator in the case of an unaccompanied youth. If the homeless child or youth relocates out of the District but continues to be enrolled in the District based on it being the school of origin, the District will negotiate with the school district in which the child or youth is residing to develop a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If agreement is not reached, the responsibility and cost for transportation shall be shared equally. 

C. Eliminate Barriers. Transportation will be provided when necessary to eliminate barriers to school enrollment and retain children and youths experiencing homelessness. 

VI. Dispute Resolution Procedures. 

A. If a parent, guardian, or other person having legal or actual charge or control of a homeless child or youth has any complaint or dispute regarding eligibility, the educational placement, or enrollment of such homeless child or youth, the following procedures shall be followed so as to promptly resolve the complaint or dispute. 

1. The homeless child or youth and the parent or guardian shall be referred to the Director of Student Services and they will be required to submit a written dispute statement to the Director of Student Services. 

2. When it is determined that additional information would be helpful, the Director of Student Services will schedule a meeting within ten (10) days, or such time as practicable, at which time the homeless child or youth and parent or guardian will be given the opportunity to provide information in support of their position. 

3. The Director of Student Services will contact school officials and others as determined appropriate to obtain information to corroborate the information provided in support of the positions of the homeless child or youth and parent or guardian and the District. 

4. The Director of Student Services will provide a written response and explanation of a decision regarding the dispute within thirty (30) calendar days after receiving the dispute statement. 

5. The written response and explanation of the decision will include a notice of the right to appeal using the appeal process provided in Nebraska Department of Education Rule 19. 

B. During the time such a complaint or dispute is being considered, including all available appeals, the homeless child or youth shall be enrolled in the school where enrollment is sought.

Date of Adoption
July 11, 2011
Date of Revision
January 23, 2012
September 5, 2017

5110: Transfer of Students within the District

5110: Transfer of Students within the District holly Thu, 07/11/2019 - 09:24

Parents who desire to have their student attend a different school within the District other than their assigned school may request a transfer. Parents need to apply for a transfer at each level (elementary, middle school, and high school) if they want their student to attend a school other than their assigned school. The Superintendent or his/her designee will approve or deny such requests.

Date of Adoption
October 5, 1992
Date of Revision
January 8, 1996
February 16, 1998
September 11, 2000
July 10, 2017
Reaffirmed
June 1, 2009

5110.1: K-12 Transfer of Students within the District

5110.1: K-12 Transfer of Students within the District holly Thu, 07/11/2019 - 09:52

I. K-12 Within-District Transfers 

A. A parent of a kindergarten through twelfth grade student who is currently enrolled in the District may submit a request to have his/her student attend a different school or special program during the current or next school year. Such requests shall be made in accordance with the following procedures. 

II. Student Eligibility for Within-District Transfers 

A. Any K-12 student whose parents reside in the District attendance area. 

B. Any K-12 student who is currently attending the District under Option Enrollment. 

III. Limitations and Restrictions on Student Eligibility 

A. Students will not be allowed to transfer to another school during suspension or expulsion. A student’s disciplinary record will be considered and students with extensive disciplinary records will not be considered for transfer unless it is determined to be in the best interests of the student or the school. 

B. The within-district transfer policy will not apply to or alter a student’s mandatory reassignment. 

C. If the student is in a special education program, the approval recommendation of the Director of Special Education will be based upon the student’s individualized education program and educational needs; class size; related service needs; transportation arrangements as may be required by law; the allocation of specially trained staff and personnel; facility issues; and the allocation of equipment or materials necessary to provide an appropriate education program. 

D. If the student receives EL services, the recommendation of the Superintendent or designee will be based upon the student’s educational needs and the allocation of specially trained staff and personnel. 

IV. Conditions of Transfers 

A. Student Withdrawal from Special Program: Any student approved for a within-district transfer to attend a special program in the District who subsequently withdraws from participation in such program shall have his/her within-district transfer approval revoked. Such student shall be reassigned to the school he/she would have attended if the within-district transfer had not been approved or may apply for a within-district transfer to another school. Within-district transfer requests will be in accordance with the factors outlined in Sections IX and X of this rule.

B. Students of parents who move from one school's attendance area to that of another within the District during the school year may continue attending the original school for the remainder of the current school year and start attendance at the assigned school with the commencement of the next school year. If the parents would like the student to remain at the original school to complete the educational level a Within District Transfer Request Form is required. Approval of such a Within District Transfer Request will be in accordance with the factors outlined in Sections IX and X of this Rule. 

C. Once a student is transferred to a particular school, the student will follow the assigned level path for that school (elementary, middle school, or high school).  Parents do not need to re-apply at each change in level. 

D. Parents may cancel their student’s transfer and return to the school assigned to their address by contacting the Office of Student Services.

E. The Superintendent or designee may reassign a student should it be determined that circumstances justify such reassignment. 

F. Once a transfer is approved, every effort will be made to make the transfer permanent; however, the District reserves the right to reassign transferred students back to their home school. 

G. Unless special safety, health, or program issues are involved, no student will be granted more than one transfer per school year. 

V. Transportation 

A. Transportation for students who transfer within the District must be provided by the student's parents or legal guardian unless as otherwise required by law. 

VI. Within-District Transfer Applications 

A. A Within-District Transfer Request Form should be completed online with the Office of Student Services. 

B. Students who desire to attend a special program may be required to complete a Within-District Transfer Form in the event that a program waitlist is necessary. 

C. Only one Within-District Transfer Request Form may be completed at any given time for an individual student. 

VII. Determination of Schools Open to Within-District Transfers 

A. The Superintendent or designee will recommend which schools, programs, grades or classes are to be considered open to within-district transfers. 

B. The Superintendent or designee will base recommendations on available space, curriculum, class size, personnel and staffing requirements, facility issues, the allocation of equipment and materials, and anticipated growth for the school, program, grade, or class. 

VIII. K-12 Within-District Transfer Requests for the Subsequent School Yea

A. Application Timeline 

1.    Applications Open: Parents may submit applications for within-district transfers to the Office of Student Services any time after the first day of school of the year preceding the school year in which the transfer would take effect if approved.

2.    Applications Deadline: Applications for within-district transfers must be submitted online no later than 5:00 p.m. on February 15 of the preceding school year. Applications must be completed by the parent, legal guardian or emancipated minor student.  

3.    The application period for within-district transfers will re-open after the option enrollment application process is completed. Within-district transfer applications will then be accepted on a first come-first served basis.

B. Approval Process 

1. Applications for within-district transfers will be approved for a specific building or program based upon the order outlined in Section VIII (C) below. 

2. If requests for within-district transfers exceed capacity, a random drawing in the order outlined in Section VIII (C) below will determine which applications are approved. 

C. Order of Approval 

1.    Montessori Program Transfer Requests

a.    Elementary
i.    Millard resident, in the Pre-Kindergarten Montessori Program, with a sibling in the Montessori Program
ii.    Millard resident in the Pre-Kindergarten Montessori Program 
iii.    Millard resident who lives within the Montessori Program school attendance area
iv.    Millard resident with a sibling in the Montessori Program
v.    All other resident transfers
vi.    Non-resident, in the Pre-Kindergarten Montessori Program, with a sibling
vii.    Non-resident, in the Pre-Kindergarten Montessori Program
viii.    All option enrollment applications

b.    Secondary
i.    Millard resident, in the Montessori Program, with a sibling in the Montessori Program
ii.    Millard resident in the Montessori Program 
iii.    Non-resident in the Montessori Program
iv.    Millard resident who lives within the Montessori Program school attendance area
v.    Millard resident with a sibling in the Montessori Program
vi.    All other resident transfers
vii.    All other non-Resident Students
viii.    All option enrollment applications

2.    School Attendance Area Students

3.    Other District Resident Students

a.    Millard Resident Siblings

b.    Regular Program by Grade

4.    Non-Resident Option Enrollment Students

a.    Millard Non-Resident siblings

b.    Regular Program by Grade

5.    All other Non-Resident Students

Notification to Parents: The District shall notify the parents of the approval or denial of their student’s request for within-district transfer on or before March 1 of the preceding school year. 

IX. K-12 Within-District Transfers for the Current School Year 

A. Parents may submit applications for within-district transfers for the current school year to the Office of Student Services after the first day of school and prior to January 15 of the current year. 

B. The Superintendent or designee will determine whether the transfer request will be granted or denied after considering the following factors: 

1. The reasons for the within-district transfer request. 

2. The time of year the transfer request is made. 

3. Personnel and staffing requirements, building or program capacity, curriculum, and facility issues affecting the building to which the student wishes to transfer. 

4. The student’s educational program including, but not limited to, course credits and graduation requirements. 

C. The District shall notify the parents of the approval or denial of their student’s request for within- district transfer. 

X. Extenuating Circumstances. 

A. The Superintendent may in his/her discretion allow students to transfer schools when extenuating circumstances warrant. 

B. The Superintendent may in his/her discretion determine that transfer order of approval for certain schools be prioritized for relieving overcrowding. 

XI. Special programs shall mean the District’s Core Program, Montessori Program, and International Baccalaureate Programmes.

Date of Adoption
October 5, 1992
Date of Revision
January 8, 1996
March 17, 1997
February 16, 1998
September 11, 2000
March 3, 2003
March 6, 2006
January 8, 2007
October 19, 2009
December 7, 2009
January 11, 2010
November 21, 2011
April 16, 2012
June 4, 2012
November 5, 2012
October 20, 2014
November 7, 2016
November 21, 2022
December 4, 2023
Reaffirmed
June 1, 2009

5120: Withdrawals

5120: Withdrawals holly Thu, 07/11/2019 - 10:16

A student may be withdrawn from school only by the parents, guardian, or other person with legal or actual charge or control of the student. Withdrawals which are due to a change of residence, enrollment in a different public, private, denominational, or parochial day school, or attendance at a school which elects not to meet accreditation or approval requirements pursuant to state law, shall be in accordance with District Rule 5120.1. Withdrawals of students who have reached sixteen (16) years of age and for the purposes of being exempt from the mandatory attendance requirements of state law, shall be in accordance with District Rule 5120.2.

Date of Adoption
February 20, 2001
Date of Revision
February 2, 2009
January 6, 2020
Reaffirmed
June 4, 2012

5120.1: Withdrawals Due to Change of Residence or School

5120.1: Withdrawals Due to Change of Residence or School holly Thu, 07/11/2019 - 10:19

I. Withdrawal Procedure. The procedure for withdrawal of a student from school due to a change of residence, enrollment in a different public, private, denominational, or parochial day school, or attendance at a school which elects not to meet accreditation or approval requirements pursuant to state law, shall be in accordance with the following:


A. Secure withdrawal authorization from the parent, guardian, or other person with legal or actual charge or control of the student.

B. Obtain appropriate forms from the guidance office or principal’s office. 

C. Have the forms filled out by teacher, return all schoolbooks and property, and make sure all fees are paid. 

D. Take completed forms to the guidance or principal’s office for final clearance.

II. The procedure for withdrawal of a student who has reached sixteen (16) years of age but is less than eighteen (18) years of age, and which is for the purpose of being exempt from mandatory attendance requirements of state law, shall be in accordance with District Rule 5120.2.

Date of Adoption
February 19, 2001
Date of Revision
June 4, 2012
January 6, 2020
Reaffirmed
February 2, 2009

5120.2: Withdrawals for Purposes of Exemption from Mandatory Attendance Requirements

5120.2: Withdrawals for Purposes of Exemption from Mandatory Attendance Requirements holly Thu, 07/11/2019 - 10:21

I. Withdrawal Procedure for Purposes of Exemption from Mandatory Attendance Requirements. 

 A. A person who has legal or actual charge or control of a student who is at least sixteen (16) years of age but less than eighteen (18) years of age may withdraw such student from school before graduation and be exempt from the mandatory attendance requirements of Neb. Rev. Stat. §79-201 if an exit interview is conducted and the withdrawal form is signed as required by subsections I(B) through I(F) of this Rule. 

B. Upon the written request of any person who has legal or actual charge or control of a student who is at least sixteen (16) years of age but less than eighteen (18) years of age, the Superintendent or designee shall conduct an exit interview if the student is enrolled in a school operated by the District, or resides in the District and is enrolled in a private, denominational, or parochial school.

C. The Superintendent or designee shall set the time and place for the exit interview which shall be personally attended by the student, unless the withdrawal is being requested due to an illness of the student making attendance at the exit interview impossible or impracticable. The exit interview shall also be attended by the person who has legal or actual charge or control of the student who requested the exit interview, the Superintendent or designee, and the student’s principal or designee if the student at the time of the exit interview is enrolled in a District school. Other persons may also attend the exit interview, if such attendance is requested by any of the required parties and they agree to attend the exit interview and are available at the time designated for the exit interview. Such other persons may include, but need not be limited to, other District personnel or the student’s principal or such principal’s designee if the student is enrolled in a private, denominational, or parochial school. 

D. At the exit interview, the person making the written request shall present evidence that they have legal or actual charge or control of the student, and that the student would be withdrawing due to either financial hardships requiring the student to be employed to support the student’s family or one or more dependents of the student, or an illness of the student making attendance impossible or impracticable. The Superintendent or designee shall identify all known alternative educational opportunities, including vocational courses of study, that are available to the student in the District and how withdrawing from school is likely to reduce future earnings for the student and increase the likelihood of the student being unemployed in the future. Any other relevant information may also be presented and discussed by any of the parties in attendance. 

E. At the conclusion of the exit interview, the person making the written request may sign the withdrawal of the student or may rescind the written request for the withdrawal. 

F. Any withdrawal form signed by the person making the written request shall be valid only if the student signs the form unless the withdrawal is being requested due to an illness of the student making attendance at the exit interview impossible or impracticable, and the Superintendent or designee signs the form acknowledging that the interview was held, the required information was provided and discussed at the interview, and, in the opinion of the Superintendent or designee, the person making the written request does in fact have legal or actual charge or control of the student and the student is experiencing either financial hardships requiring the student to be employed to support the student’s family or one or more dependents of the student, or an illness making attendance impossible or impracticable. 

G. A person who has legal or actual charge or control of a student who is at least sixteen (16) years of age but less than eighteen (18) years of age may withdraw the student before graduation and be exempt from the mandatory attendance requirements of Neb. Rev. Stat. § 79-201 if such student has been enrolled in a school that elects pursuant to Neb. Rev. Stat. § 79-1601 not to meet the accreditation or approval requirements by filing with the State Department of Education a signed and notarized release on a form prescribed by the Nebraska Commissioner of Education. 

H. A student who has been withdrawn from school pursuant to this Rule may enroll in a school district at a later date as provided in Neb. Rev. Stat. § 79-215 or may enroll in a private, denominational, or parochial school or a school which elects pursuant to Neb. Rev. Stat. § 79-1601 not to meet accreditation or approval requirements. Any such enrollment shall void the withdrawal form previously entered, and the provisions of Neb. Rev. Stat. §§ 79-201 to 79-210 shall apply to the student. 

II. The District shall submit to the State Department of Education the withdrawal forms or data regarding students who have withdrawn from school pursuant to this Rule, in accordance with the requirement of state law. 

Date of Adoption
June 4, 2012
Date of Revision
January 6, 2020

5130: Enrollment of Exempt School Students and Nonpublic School Students

5130: Enrollment of Exempt School Students and Nonpublic School Students holly Thu, 07/11/2019 - 10:24

Exempt School Students and Nonpublic School Students requesting enrollment in the District shall be allowed admission as permitted by law and in accordance with the District’s policies and rules.

Date of Adoption
August 4, 2003
Date of Revision
July 10, 2017
Reaffirmed
January 19, 2009
April 1, 2024

5146: Student Accident Insurance

5146: Student Accident Insurance holly Thu, 07/11/2019 - 10:26

 

A group plan of student accident insurance shall be made available on a voluntary basis to every student registered in the schools of the District.

All students participating in school athletic programs, cheerleading, or dance team, are required to be covered by accident insurance. The accident insurance for athletes must be in effect prior to participation on any team.

Date of Revision
August 3, 1992
March 17, 2003
May 17, 2004
February 19, 2018
Reaffirmed
November 15, 2010

5200: Attendance

5200: Attendance holly Thu, 07/11/2019 - 10:32

Regular and timely attendance furthers the benefits of instructional programs, aids in the development of self-discipline and responsibility, and minimizes disruption of the educational process. Children who are of the mandatory attendance age, or who are younger than mandatory attendance age and are enrolled in any public school, are required to attend school each day the school is open and in session, except when excused by school authorities, the child has graduated from high school, or attendance is otherwise excused by law. District students may be excused from school provided they meet the requirements of applicable law, and District rule.

Date of Revision
July 20, 1987
September 19, 1994
September 8, 1998
September 11, 2000
June 20, 2005
December 5, 2011
May 6, 2019
Reaffirmed
February 16, 2009

5200.1: Attendance, Tardiness, and Excessive Absenteeism

5200.1: Attendance, Tardiness, and Excessive Absenteeism holly Thu, 07/11/2019 - 10:36

I. Attendance. 

A. Attendance Accounting. Attendance accounting shall be accomplished in secondary schools by recording students’ attendance period-by-period, in elementary schools by recording students’ attendance in the morning and afternoon, and in summer school by recording secondary students’ attendance period-by-period and elementary students’ attendance by the hour. 

B. Grounds for Excused Absences. Students will be granted an excused absence from school by the principal or the principal’s designee for the following reasons: 

1. Personal illness (a physician’s verification is required after four (4) consecutive days of absence for illness). 

2. Doctor or dental appointments for the student, which cannot be scheduled at a time other than during school hours. 

3. Death or serious illness of the student’s family member. 

4. Attending a funeral. 

5. Wedding or graduation of the student’s family member. 

6. Legal matters which cannot be arranged at a time other than during school hours. 

7. Observance of religious holidays of the student's own faith. 

8. College planning visits. 

9. Matters involving student safety. 

10. Matters related to military service. 

11. Personal or family vacations not to exceed five (5) days per school year. 

12. Pregnancy and parenting related appointments and/or conditions pursuant to District Rule 5200.3 (I). 

13. The approval of all excused absences may be subject to review by Student Services. 

C. Insufficient Grounds for Excused Absences. Students will be assigned an unexcused absence from school by the principal or the principal’s designee for the following reasons: 

1. Personal recreational activities. 

2. Non-school sponsored activities and athletics (e.g., competitive cheer, club sports, or theater caravans). 

3. Babysitting. 

4. Birthdays. 

5. Work. 

D. Rules Governing Absences. 

1. Individuals who are authorized to submit written excuses for absences are a parent or guardian, the student if age nineteen (19), or the student if emancipated. Written excuses must be provided to the principal or the principal's designee. 

2. The student's parents or guardians must call within the time specified by the school's guidelines and provide the following information: the date(s) and/or time of the absence and the reason for the absence. Failure to call within the required time frame will result in the absence being recorded as unexcused. 

3. The District reserves the right to require verification from a doctor or dentist when an absence is for medical or dental reasons. 

4. A written excuse, which is forged or contains factual misrepresentations, will subject the student to discipline under District Rule and the absence(s) will be recorded as unexcused absences. 

E. Make-up Work for Excused and Unexcused Absences. 

1. Schoolwork missed due to an excused or unexcused absence, must be completed to the satisfaction of each teacher whose class was missed. 

2. Students will have a minimum of one (1) school day for each day of absence, to make up missed schoolwork. Students who do not make up their work within the prescribed time limits will not receive credit for the work missed. 

3. Make-up work may be provided prior to a planned absence if the lessons and assignments have already been planned for and prepared by the teacher in the context of having created the weekly lesson plans. Make-up work provided to a student in advance of their absence does not guarantee that no additional work may need to be completed upon their return to school. Students who do not request missed work in advance will be provided all assigned work when the student returns from an absence. 

4. Providing early or late semester exams is at the discretion of the building principal or the principal’s designee. 

5. During prolonged absence due to illness, the parent may call the school office to make arrangements for picking up the missed work. 

6. When the school administration has given approval for a student to participate in school sponsored programs such as High Ability Learners (HAL) Seminars, music programs, dramatics, or athletics, the student should not be penalized for not being present to take tests and participate in the daily work. The student shall be given an opportunity to make up any work missed. 

II. Tardiness. 

A. Rules. The following rules shall apply to tardiness. 

1. Students tardy to school will not be admitted to class unless the student has the permission of the principal or principal's designee. 

2. Tardies will be excused or unexcused as determined by building principal or the principal’s designee. 

3. Each school shall adopt a set of guidelines to be used to avoid or minimize student tardiness and publish it in their student handbook. 

III. Excessive Absenteeism. 

A. Rules. The following rules shall apply to excessive absenteeism. 

1. At least one (1) attendance officer shall be appointed by the District’s Board who shall enforce the provisions of Nebraska's mandatory attendance laws. If the Superintendent, a principal, a teacher, or a Board member knows of a violation of Nebraska's mandatory attendance laws they shall within three (3) days report such violation to the District’s attendance officer who shall immediately investigate the violation. When of his or her personal knowledge or by report or complaint from any resident of the District, the District’s attendance officer believes that there is a violation of Nebraska’s mandatory attendance laws, the attendance officer shall immediately investigate such violation. 

2. If a student has accumulated eight (8) absences in a school year or the hourly equivalent, the District may render all services to address barriers to attendance. Such services shall include, but not be limited to, the following: 

a. Verbal or written communication by District officials with the person or persons who have legal or actual charge or control of any student. 

b. One or more meetings between, at a minimum, a school attendance officer, a school social worker, or a school administrator or his or her designee, the person who has legal or actual charge or control of the student, and the student, when appropriate, to attempt to address the barriers to attendance. The result of the meeting or meetings shall be to develop a collaborative plan to reduce barriers identified to improve regular attendance. The plan shall consider, but not be limited to: 

i. The physical, mental or behavioral health of the student; 

ii. Educational counseling; 

iii. Educational evaluation; and 

iv. Referral to community agencies for economic services, family or individual counseling, assisting the family in working with other community services, and referral to restorative justice practices or services. 

v. Prevention and early intervention procedures, service coordination, cooperative efforts, and information sharing, in accordance with the Superintendent’s Plan pursuant to Neb. Rev. Stat. § 79-2121. 

3. Absences due to pregnancy, or pregnancy related conditions, or care for an ill child, do not count towards the excessive absenteeism accumulated absences in a school year or the hourly equivalent. 

B. Notification. 

1. If a student has accumulated eight (8) absences in a school year or the hourly equivalent, the District will send written notice to the student’s parents or guardians regarding the State mandatory attendance and excessive absenteeism laws. If any of the absences are due to illness, the notice to the student’s parents or guardian shall indicate the number of absences due to such. 

2. If a student has accumulated fifteen (15) absences in a school year or the hourly equivalent, the District will send written notice to the student’s parents or guardians regarding the State mandatory attendance and excessive absenteeism laws. If any of the absences are due to illness, the notice to the student’s parents or guardians shall indicate the number of absences due to such. 

3. If a student is absent more than twenty (20) days in a school year or the hourly equivalent, the attendance officer may file a report with the county attorney of the county in which the student resides. The District shall notify the student’s family in writing prior to referring the student to the county attorney. The report shall state that the District has made the efforts required by Section III(A)(2) of this Rule and that the collaborative plan to reduce barriers identified to improve regular attendance has not been successful and the District recommends county attorney intervention. The report shall include the student's and parents’ names, address, number of excused and unexcused absences, number of absences due to illness documentation that the District has made the efforts required by Section III(A)(2) of this Rule, and copies of all other relevant information regarding the student’s attendance and excessive absenteeism. 

4. If a student has a history of being chronically absent from school, the District shall render any and all services in the District’s power to compel the student to attend school. 

C. Students on Probation. If a student on probation who has previously been expelled from the District is attending school pursuant to Nebraska law governing students on probation, prior to the re-admission of the student to the school, school officials shall meet with the student's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. The school may expel such a student for subsequent actions which violate District Rule 5400.6. Such a student shall be screened by the District for possible disabilities and, if the screening so indicates, the student shall be referred for evaluation for possible placement in a District special education program. 

IV. Students Exempt from the Mandatory Attendance Laws. Students who are exempt from the mandatory attendance laws are: 

A. Students who have obtained a high school diploma; 

B. Students who have completed the program of instruction offered by a school which elects pursuant to state law not to meet accreditation or approval requirements; 

C. Students who have reached eighteen (18) years of age; 

D. Students who have reached sixteen (16) years of age, but are not yet eighteen (18) years of age, and whose withdrawal from school before graduation and exemption from the mandatory attendance requirements has been completed in accordance with state law and District Rule 5120.2. 

E. Students who will reach six (6) years of age prior to January 1 of the then current school year, and their parent or guardian has discontinued enrollment in accordance with District Rule 5100.2(III)(A); and 

F. Students who will not reach six (6) years of age prior to January 1 of the then current school year, and their parent or guardian has discontinued enrollment in accordance with District Rule 5100.2(III)(B). 

V. Student Discipline. Students who violate the provisions of this Rule, or the District’s Standards for Student Conduct, or the guidelines of the building principal or principal's designee, may be subject to student discipline. Students who have excessive absences or tardies may also be subject to student discipline. 

VI. Definitions. 

A. "Emancipated student" shall mean any student, under the age of nineteen (19), who is either married, or is enlisted in the military service, or unmarried and has voluntarily left home without financial support from the student's parent(s), or the student has been declared emancipated by a court of law and the conditions leading to that declaration remain unchanged. 

B. “Excessive absences” shall mean eight (8) or more absences from school in a school year or the hourly equivalent. 

Date of Revision
July 20, 1987
September 19, 1994
September 8, 1998
September 11, 2000
June 20, 2005
February 16, 2009
April 18, 2011
August 15, 2011
December 5, 2011
July 2, 2012
December 17, 2012
May 19, 2014
May 21, 2018
March 15, 2021

5200.2: Attendance Reports

5200.2: Attendance Reports holly Thu, 07/11/2019 - 10:40

I. Attendance reports are due each month at a designated time. 


A. Elementary attendance reports should include the following information: 

1. Each teacher’s class enrollment for the beginning of the year, the previous month, and the present enrollment. 

2. Number of drops and adds. 

3. Number of students by grade and 

B. Secondary attendance reports should include the following: 

1. Each grade’s enrollment for the beginning of the year, the previous month, and the present enrollment. 

2. Number of drops and adds. 

3. Number of students by grade 

Date of Adoption
February 4, 1974
Date of Revision
September 11, 2000
April 17, 2017
Reaffirmed
February 16, 2009
April 1, 2024

5200.3: Attendance and Pregnant and Parenting Students

5200.3: Attendance and Pregnant and Parenting Students holly Thu, 07/11/2019 - 10:42

I. Attendance and Leave of Absence.

A. Pregnant and parenting students may attend their own health care, their child’s health care, and other pregnancy or parenting related appointments and such absences or tardiness will be excused. 

B. A pregnant or parenting student may take a leave of absence for pregnancy, childbirth, and other pre and post-natal related medical needs, along with recovery therefrom, for the duration that is deemed medically necessary by the student’s licensed health care provider. At the conclusion of a leave of absence, the student will return to the school of record and grade level as when the leave began. 

C. Absence due to pregnancy, or pregnancy related conditions, or care for an ill child, will not count toward excessive absenteeism pursuant to District Rule 5200.1(III).

II. Make-up Work and Alternative Coursework and Accommodations.

A. Pregnant and parenting students will be provided make-up work pursuant to District Rule 5200.1(I)(E) when absent.

B. Alternative methods to keep pregnant or parenting students in school will be made available. Such alternative methods may include accessing coursework on line, home based independent study, or accommodating tutoring visits. Such alternative methods are voluntary and pregnant or parenting students have the right to attend their regular classes and complete regular coursework.

C. Pregnant and parenting students may be provided additional reasonable accommodations upon request. Such reasonable accommodation requests will be evaluated and implemented on a case-by-case basis.

III. Extracurricular Activities.

A. Pregnant and parenting students may participate in activities, including extracurricular activities. A pregnant or parenting student may be required to obtain certification from the student’s licensed health care provider regarding the student’s safe participation in an extracurricular activity when such certification is required of students for other conditions requiring attention of a licensed health care provider. 

IV. Lactation Accommodations.

A. Reasonable time and space accommodations will be provided to lactating students to express milk during the school day. Such reasonable accommodations will be private, clean, and reasonably accessible, other than a bathroom.

B. Lactating students will be provided a food safe refrigerator to safely store breast milk.

V. Child Care Information.

A. A list of qualified licensed child care providers will be provided to pregnant and parenting students. Such list shall be local providers that participate in the quality rating and improvement system and meet all of the quality rating criteria for at least a step-three rating pursuant to the Step Up to Quality Child Care Act. Nothing in this Rule prohibits or limits any referral for a student or a student’s child to an early head start program or any other available community resources.

Date of Adoption
May 21, 2018

5220: School Census

5220: School Census holly Thu, 07/11/2019 - 10:44

The District will annually prepare a census of the names of all of the children residing in the District, together with the names of all the taxpayers in the District.

Date of Adoption
February 4, 1974
Date of Revision
May 5, 1997
September 11, 2000
May 1, 2017
Reaffirmed
June 1, 2009
April 1, 2024

5220.1: School Census

5220.1: School Census holly Thu, 07/11/2019 - 10:46

I. Annual Census. The District will annually prepare a census of the names of all of the children residing in the District, together with the names of all of the taxpayers in the District.

II. Responsibility for Annual Census. The Secretary of the Board shall take, or cause to be taken by a person appointed for such purpose by a majority vote of the Board, a census of the District consisting of a written list of the names of all children residing in the District from birth to twenty (20) years of age, together with the names of all District taxpayers. The Secretary or person appointed by the Board to take the census may delegate the responsibility of taking the census to the District’s principals, and may also develop and implement guidelines and procedures to be followed to assist in obtaining census information. A copy of the list, verified by oath of the person taking such census or by affidavit appended to or endorsed on the list, setting forth that it is a correct list of the names of all children belonging in the District from birth through twenty (20) years of age and that it reflects such information as of June 30, shall be kept in a depository maintained by the District and subject to inspection at all times.

III. Census for Children Less than Five Years of Age with Disabilities. Nebraska school districts are required to demonstrate participation in a plan of services for children less than five (5) years of age with disabilities. The content of the plan is to include a census by name, school district of residence, and the disability of all children less than five (5) years of age. 

IV. Definition. “Disability” shall mean disability as defined in District Rule 5400.2 or other governing law.

Date of Adoption
May 5, 1997
Date of Revision
September 11, 2000
May 1, 2017
Reaffirmed
June 1, 2009
April 1, 2024

5300: Student Conduct

5300: Student Conduct holly Thu, 07/11/2019 - 10:48

Students in the District are expected to act in such a manner that their behavior reflects favorably on the individual student and on the school, shows consideration for staff and fellow students, and creates a safe, orderly, and harmonious school atmosphere conducive to learning. Students shall exhibit honesty, morality, courtesy, obedience to law, respect for the national flag and the Constitutions of the United States and Nebraska, respect for parents and home, the dignity and necessity of honest labor, and other attributes which promote and develop an upright and desirable citizen.

Students are expected to adhere to appropriate standards of conduct while at school, at all school activities, and at school sanctioned events. Appropriate standards of conduct include students’ demeanorlanguage, dress, manners, and actions toward others.

To accomplish this, all students must recognize their individual responsibilities and obligations and conduct themselves in accordance with the District’s Standards for Student Conduct.

Date of Adoption
February 4, 1974
Date of Revision
May 21, 2001
February 2, 2009
December 5, 2016
Reaffirmed
January 9, 2023

5300.1: Bus Conduct

5300.1: Bus Conduct holly Thu, 07/11/2019 - 10:52

I. Bus Discipline. Procedures for handling discipline on school buses or on other District-provided transportation, and any other related disciplinary matters or problems, shall be subject to and processed in accordance with the District’s Standards for Student Conduct and other appropriate school rules. 

II. Regular Bus Routes. All discipline problems are to be reported to the principal of the student involved. No student is to be excluded from the bus or other District- provided vehicle during its use. 

III. Field Trips. The teacher is in charge of discipline on field trips. If the driver has a discipline problem, then the driver should contact the teacher and the teacher will handle the discipline problem.

Date of Adoption
August 6, 1979
Date of Revision
May 21, 2001
December 5, 2016
Reaffirmed
February 2, 2009
January 9, 2023

5300.2: Conduct at School

5300.2: Conduct at School holly Thu, 07/11/2019 - 10:54

I. Responsibility for Actions. Individual students shall be responsible for their actions, and to this end the District shall promote student conduct which respects the self-worth of students, staff members, and the community. 

II. Student Conduct. Students shall be expected to: 

    A. Know and follow the District’s rules and regulations; 

    B. Show respect to other persons and property; 

    C. Respect other persons’ points of view; 

    D. Care for and conserve all school property and supplies. 

III. District Property. Students and their parents shall be responsible for all damage caused to District property, equipment and supplies, which includes books and supplies of all kinds, equipment, buildings, and grounds. 

IV. Non-Compliance. Failure by a student to comply with the District regulations will result in enforcement of school discipline procedures and may include a parent conference. 
 

Date of Adoption
October 1, 1979
Date of Revision
May 21, 2001
December 5, 2016
Reaffirmed
February 2, 2009
January 9, 2023

5300.3: Bullying

5300.3: Bullying holly Thu, 07/11/2019 - 10:57

I. Bullying Prohibited. Bullying disrupts a school’s ability to educate students, threatens public safety by creating an atmosphere in which such behavior can escalate into violence, and is prohibited by 5400.6(II) (J) of the District’s Standards for Student Conduct.

II. Bullying Prevention and Education. In addition to prohibiting bullying in the District’s Standards for Student Conduct, the District will adopt an age appropriate developmentally based bullying prevention and education program, which includes in its scope the legal, social, health, and discipline consequences of bullying and provides information and techniques for the resistance and reporting of bullying. The program shall be for all students in all grades of the schools operated and served by the District from the early childhood level through grade twelve (12).

III. Bullying Defined. Bullying means any ongoing intentionally hostile or offensive verbal, written, graphic, demonstrative, electronic, or physical act used by a student or student(s) against another student or student(s) that has the purpose of exerting domination over another student through the act of intimidating, frightening, oppressing, retaliating, or adversely controlling the student, and that is disruptive of the educational process or any ongoing pattern of physical, verbal, written, graphic, demonstrative or electronic abuse, on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. This may include, but is not limited to, verbal, graphic, written or electronic activities such as name-calling, taunting, blackmailing, inciting to fight, terrorizing, threatening, or physical or demonstrative activities such as poking, blocking or impeding, following, hair pulling, mock hitting motions, intentionally bumping, tripping, and damaging clothing. 

IV. Annual Review. The District’s administration shall review this Rule annually in conjunction with the annual review of District Rule 5400.6.
 

Date of Adoption
February 2, 2009
Date of Revision
June 1, 2015
March 15, 2021
Reaffirmed
December 5, 2016
May 21, 2018
March 2, 2020
January 9, 2023

5300.4: Dating Violence

5300.4: Dating Violence holly Thu, 07/11/2019 - 11:05

I. Dating Violence Prohibited. The District provides physically safe and emotionally secure environments for all students. Positive behaviors are encouraged in the educational program and are required of all students. Inappropriate behaviors, including but not limited to, dating violence, will not be tolerated and must be avoided by all students. 

II. Dating Violence Training. Strategies and practices will be implemented to reinforce positive behaviors and to discourage and protect others from inappropriate behaviors. Dating violence training, as defined by Neb. Rev. Stat.79-2,141(4,) shall be provided to staff deemed appropriate by the administration. Training shall include, but not be limited to, basic awareness of dating violence, warning signs of dating violence, and the District's dating violence policy. 

III. Dating Violence Information. The District shall inform the students' parents or legal guardians of the District's dating violence policy on an annual basis via the Student Handbook. If requested, the District shall also provide the parents or legal guardians a copy of the District's dating violence policy and other relevant information. 

IV. Definitions 

A. Dating Violence shall mean a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal, or emotional abuse, to control his or her dating partner. 

B. Dating Partner shall mean any person, regardless of gender, involved in an intimate relationship with another person primarily characterized by the expectation of affectionate involvement whether casual, serious, or long term. 
 

Date of Adoption
May 17, 2010
Date of Revision
December 5, 2016
Reaffirmed
March 2, 2020
January 9, 2023

5400: Student Discipline

5400: Student Discipline holly Thu, 07/11/2019 - 11:08

The goal and intention of the District is to enable students to obtain an education within a safe and disciplined environment, free of violence or the threat of violence, illegal drugs, alcohol, weapons, or any conduct, which interferes or disrupts the educational process.

The purpose of this Policy is to assure students' constitutional and statutory rights within the context of an orderly and effective educational process. 

Whenever any student is on District property or is in any manner subject to the control or supervision of the District, the student is absolutely prohibited from possessing illegal drugs, alcohol, weapons or any objects, materials, or substances that are illegal by law or prohibited by District policy or rule.  

All District student discipline shall be done in accordance with the procedures and requirements of the Student Discipline Act, and any other governing law, District policy, and/or District rule.

Date of Adoption
July 5, 1994
Date of Revision
September 11, 1995
June 1, 1998
September 25, 2000
May 6, 2019
Reaffirmed
April 19, 2010

5400.1: Student Discipline

5400.1: Student Discipline holly Thu, 07/11/2019 - 11:20

I. General Statement. The District's disciplinary rules and procedures are designed to protect students' constitutional and statutory rights within the context of an orderly and effective educational process. Students will be excluded from school and/or school activities when their conduct interferes with an orderly and effective educational process.

II. Types of Exclusion and Disciplinary Action.

A. Students in Pre-Kindergarten through Second Grade. Students in pre-kindergarten through second grade shall not be suspended from school, and such students shall instead be subject to disciplinary measures inside the school as an alternative to suspension. Provided however, if such a student brings a deadly weapon as defined in Rule 5400.6(IX)(G), on to school grounds, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or to a school-sponsored activity or athletic event, then the student may be suspended in accordance with Rule 5400.6(II)(D)(1) through (4) as may be applicable.

B. Short-term Suspension. Except as provided in Section II(A) above, exclusion from all schools in the District not to exceed five (5) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester.

C. Emergency Exclusion. Immediate exclusion if:

1. The student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health and safety of the school community; or

2. The student's conduct presents a clear threat to the physical safety of himself, herself, or others; or

3. The student’s conduct is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.

4. An emergency exclusion shall be based upon a clear factual situation warranting it and shall last no longer than is necessary to avoid the dangers necessitating the exclusion.

5. Emergency Exclusion for Five (5) Days or Less. The same procedures for short-term suspension shall be used for an emergency exclusion for five (5) days or less.

6. Emergency Exclusion for Over Five (5) Days. If the Superintendent or Superintendent’s designee determines that the exclusion will extend beyond five (5) days, the following procedural provisions must be followed:

a. Hearing/Final Determination. A hearing will be held and a final determination made within ten (10) school days after the initial date of exclusion.

b. Hearing Procedures. The hearing will be conducted in compliance with the disciplinary hearing procedures which are used for long-term suspension, expulsion and reassignment.

D. Long-term Suspension. Except as provided in Section II(A) above, exclusion from all schools in the District (except the location designated for alternative education for students suspended for ten (10) school days or more) for more than five (5) school days but less than twenty (20) school days If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester.

E. Expulsion. Except as provided in Section II(A) above, exclusion from all schools in the District (except the location designated for alternative education) for a period not to exceed the remainder of the semester in which it took effect with the following exceptions:

1. If the misconduct occurred within ten (10) school days prior to the end of the first semester, the expulsion shall remain in effect through the second semester; or

2. If the misconduct occurred within ten (10) school days prior to the end of the second semester, the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the annual review provision of Section II(D)(3)(d) below.

3. If the misconduct occurred prior to the last ten (10) school days of the first semester and the expulsion takes effect in the second semester because the recommendation for expulsion was appealed to a hearing examiner and/or to the Board or designated committee, the length of the expulsion shall not exceed the number of days it would have been in effect had the appeal not been made.

4. The time periods above do not apply to the following infractions which have the following periods of exclusion:

a. Firearms. Expulsion for one (1) year of any student who knowingly possesses, handles, transmits, uses, intimidates with, or threatens with any firearm, explosive, or destructive device as provided in Rule 5400.6 (II)(D)(1), on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. This subsection shall not apply to:

i. The issuance of firearms or the possession of firearms by members of the Reserve Officers Training Corps when training; or

ii. Firearms which lawfully are possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms.

b. Dangerous Weapons. Students who use, intimidate with, threaten with, handle, transmit, possess on one’s person or in one’s vehicle any dangerous weapon, including but not limited to any stun gun, paintball gun, air soft gun, B.B. gun, or pellet gun, as provided in Rule 5400.6 (II)(D)(2), shall be excluded for twenty school (20) days and may be excluded for one (1) year.

c. Other Dangerous Weapons. Students who use or threaten with a knife, throwing star, brass knuckle, chemical substances, (including, but not limited to, mace, pepper guns, and bleach), and any other object that could be used to injure a person as provided in Rule 5400.6 (II)(D)(3), may be excluded for the remainder of the school year if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the exclusion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.

d. Personal Injury. Students who knowingly and intentionally use force in causing or attempting to cause personal injury to a school employee, school volunteer, or student (unless caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person as hereafter provided) shall be excluded for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the exclusion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.

e. Sexual Assault. Students who sexually assault or attempt to sexually assault any person on school grounds shall be excluded for one (1) year. Students who sexually assault or attempt to sexually assault any person off school grounds may be excluded for one (1) year, provided that a complaint must have been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person off school grounds not at a school function, activity, or event, and the student’s presence at school has a direct and immediate effect on maintaining discipline, order, or safety in the school. Sexual assault shall mean sexual assault in the first and second degree as defined in Neb. Rev. Stat. §§ 28-319 and 320 or sexual assault of a child in the first, second or third degree as defined in Neb. Rev. Stat. §§ 28-319.01 and 320.01, as such statutes now provide or may hereafter be amended. Neb. Rev. Stat. § 79-267(9).

f. Annual Review. Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by a hearing examiner after the hearing examiner has given notice of the review to the student and to the student's parents or guardian. The review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to the hearing examiner recommendation that the student be re-admitted for the upcoming school year. If the Board (or Board Committee) took the final action to expel the student, the student may be re-admitted only by Board action. Otherwise, the student may be re- admitted by the Superintendent.

F. Mandatory Reassignment. Involuntary transfer to another school in the District.


G. Exclusion from School Grounds and Activities. During any time period that a student is excluded from school due to short-term suspension, long-term suspension, expulsion, or emergency exclusion, the student will be prohibited from being on school grounds (except the location designated for alternative education) and from participating in any District-sponsored 
extracurricular activities and from attending any extracurricular activities which take place on District property.

H. Other Disciplinary Action. Administrative and teaching personnel may take actions regarding student behavior which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, referral to restorative justice practices or services ,rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such 
counseling or evaluation.

III. Standards for Student Conduct (Rule 5400.6). In conjunction with the Student Discipline Act, the District shall adopt Standards for Student Conduct contained in Rule 5400.6 that will set forth student misconduct and the maximum sanction that the District shall impose. Rule 5400.6 shall be reviewed annually by the Board, and shall be distributed to students at the beginning of the school year or, in the case of student transfers, upon enrollment in the District.

IV. Effective Date of Exclusion. When a notice of intent to discipline a student by long- term suspension, expulsion, or mandatory reassignment is filed with the Superintendent, the student may be suspended by the principal until the date the disciplinary action takes effect, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of interference with an educational function or school purpose, or a personal injury to the student himself or herself, other students, school employees, or school volunteers.

V. Procedures for Exclusion. The District will adhere to the procedural requirements of 
federal and state law for the exclusion of students from school and school activities.

VI. Hearings. In cases involving emergency exclusion for more than five (5) school days, long-term suspension, expulsion, and mandatory reassignment, the student will have the right to a hearing to contest the exclusion. A Request for Hearing form will be provided to the student and the student's parents or guardian along with a description of the hearing procedures provided by the Student Discipline Act along with the procedures for appealing any decision rendered at the hearing.

VII. Formal Hearings and Appeal. If a principal makes a decision to discipline a student by long-term suspension, expulsion, or mandatory reassignment, the following
procedures shall be followed:

A. Written Charge and Summary of Evidence.

1.    The decision to recommend discipline shall be made within two (2) school days after learning of the alleged misconduct. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the Superintendent or designee.

2.    The principal shall, within two (2) school days of the decision, send written notice by registered or certified mail or by personal delivery to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act.

B.    Written Notice.  Written notice must include the violation and summary of evidence; the recommended penalty; the right to a hearing; the hearing procedure; a statement that the principal, legal counsel for the school, the student, the student’s parent or the student’s representative or guardian shall have a right to examine the student’s academic and disciplinary records and any affidavits to be used at the hearing, plus the right to know the identity of the witnesses to appear at the hearing and the substance of their testimony; and that if the student is suspended pending the outcome of a hearing, the student will have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension as provided in Rule 5400.5(III) and Rule 6235.1.  A form on which the student, the student’s parent, or the student’s guardian may request a hearing must accompany the written notice, including the address where the hearing request form is to be delivered in person or by registered or certified mail.

C.    Suspension until Hearing.  When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory reassignment is filed with the Superintendent or designee, the student may be suspended by the principal until the date the disciplinary action takes effect, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of interference with an educational function or school purpose, or a personal injury to the student himself or herself, other students, school employees, or school volunteers:

D.    Procedures if a Hearing is not Requested.  If a hearing is not requested by the student or the student’s parent or guardian within five (5) school days following receipt of written notice, the punishment recommended in the charge by the principal or his/her designee will automatically go into effect upon the fifth (5th) school day following receipt of the written notice by the student or his/her parent or guardian.

E.    Procedures if a Hearing is Requested.

1.    Request for Hearing.  A hearing must be requested within five (5) school days after receipt of the written notice.

a.    Request of Hearing Beyond Five Days.  If a hearing is requested more than five (5) school days but not more than thirty (30) calendar days following the actual receipt of the written notice, the hearing examiner shall be appointed and the hearing shall be held pursuant to the requirements of this Rule, but the imposed punishment shall continue in effect pending final determination.

2.    Appointment of Hearing Examiner.  If a hearing is requested the Superintendent shall within two (2) school days after receipt of the hearing request recommend appointment of a hearing examiner. The student or the student’s parent or guardian may request designation of a hearing examiner other than the hearing examiner recommended by the Superintendent if notice of the request is given to the Superintendent within two (2) school days after receipt of the Superintendent’s recommended appointment. Upon receiving such request, the Superintendent shall provide one (1) alternative hearing examiner who is not an employee of the District or otherwise currently under contract with the District and whose impartiality may not otherwise be reasonably questioned. The Superintendent may also provide an additional list of hearing examiners that may include hearing examiners employed by or under contract with the District. The student or the student’s parent or guardian shall, within five (5) school days, select a hearing examiner to conduct the hearing who was recommended, provided as an alternative hearing examiner, or included on an additional list, if any, and shall notify the Superintendent in writing of the selection. The Superintendent shall appoint the selected hearing examiner upon receipt of such notice. Individuals whose impartiality may be reasonably questioned shall include, but not be limited to, individuals who have a personal bias or prejudice concerning a party, have personal knowledge of evidentiary facts concerning the proceeding, have served as legal counsel to the District, or have a spouse who is an employee of or is under contract with the District.

3.    The hearing examiner shall be any person designated pursuant to Section VII(E)(2) above, if such person has not brought the charges against the student, shall not be a witness at the hearing, and has no involvement with the charge.

4.    Notice of Time and Place for Hearing.  Within two (2) school days after being appointed, the hearing examiner shall give written notice to the principal, the student, and the student’s parent or guardian of the time and place for the hearing.

a.    The hearing shall be held within a period of five (5) school days after appointment of the hearing examiner, but such time may be changed by the hearing examiner for good cause with consent of the parties.

b.    No hearing shall be held upon less than two (2) school days actual notice to the principal, the student, and the student’s parent or guardian, except with the consent of all the parties.

5.    Right to Examine Records and Statements.  The principal or legal counsel for the District, the student, and student’s parent or guardian, or representative, shall have the right to receive a copy of all records, affidavits and written statements referred to Section VII (B) of this Rule, and the statement of any witness in the possession of the principal no later than forty-eight (48) hours prior to the hearing.

F.    Hearing Procedures.

1.    Required Attendance at Hearing.  The hearing examiner, student, student’s parent or guardian, the student’s representative, if any, and legal counsel for the principal or District, if any, shall attend the hearing.

2.    Witnesses.  Witnesses shall be present only when they are giving information at the hearing.  The student, the student’s parent, guardian, or representative, the principal, or the hearing examiner may ask witnesses to testify at the hearing.  Such testimony shall be under oath, and the hearing examiner shall be authorized to administer the oath.  The hearing examiner, upon proper advance request, shall make reasonable effort to assist the student or the student’s parent, guardian, or representative in obtaining the attendance of the witnesses. The District shall make available those witnesses who have knowledge of or were involved in the alleged misconduct and subsequent discipline of the student, if such witnesses are requested by the student, the student’s parent, guardian, or representative, and such witnesses are employees or under contract with the District.


a.    Cross-Examination.  The student, the student’s parent, guardian, or representative, the principal, the principal’s or the District’s legal counsel, and the hearing examiner shall have the right to question any witness giving information at the hearing.

b.    Immunity.  Any person giving evidence by written statement or in person at a hearing shall be given the same immunity from liability as a person testifying in a court case.


3.    Student Testimony.  The student may speak in his or her own defense and may be questioned on his or her testimony, but he or she may choose not to testify and, in such case, shall not be threatened with punishment nor be later punished for refusal to testify.

4.    Individuals may be Excluded from the Hearing.  The student may be excluded from the hearing in the discretion of the hearing examiner at times when the student’s psychological evaluation or emotional problems are being discussed.  The hearing examiner may exclude anyone from the hearing when his or her actions substantially disrupt an orderly hearing.


5.    Evidence on the Student’s Conduct and Records.  The principal may present to the hearing examiner statements, in affidavit form, of any person having information about the student’s conduct and the student’s records, provided that such statements and records have been provided to the student or the student’s parent, guardian, or representative at least forty-eight (48) hours prior to the hearing.  The information contained in such records shall be explained and interpreted, prior to or at the hearing, to the student, parent or guardian, or representative, upon request, by appropriate District personnel.

6.    Rules of Evidence.  In conducting the hearing, the hearing examiner shall not be bound by the rules of evidence or any other rule of courtroom procedure.

7.    Proceedings Recorded.  The proceedings of the hearing shall be recorded at the expense of the District.

8.    Joint Hearings.  A joint hearing may be conducted when more than one (1) student is charged with violating the same rule and acted in concert, and the facts are substantially the same for all such students.

a.    Discretion of Hearing Examiner.  A joint hearing may be conducted if the hearing examiner believes that a joint hearing is not likely to result in confusion and no student shall have his or her interests substantially prejudiced by a single hearing.

b.    Order for Separate Hearing.  If during the conduct of the hearing the hearing examiner finds that a student’s interests will be substantially prejudiced by a joint hearing or that the hearing is resulting in confusion, the hearing examiner may order a separate hearing for any student.

G.    Post-Hearing Report.  After the hearing, a report shall be made by the hearing examiner to the Superintendent or designee and to the student or the student’s parent or guardian within ten (10) calendar days after the hearing.  The report shall contain the hearing examiner’s findings and recommendation of the action to be taken, and the report shall explain in terms of the needs of both the student and the District, the reasons for the particular action recommended.

1.    Range of Recommendations.  The recommendation by the hearing examiner may range from no action, through the entire field of counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative education placement.

2.    Review by Superintendent or Designee.  A review of the hearing examiner’s report shall be made by the Superintendent or designee.  The Superintendent or designee may change, revoke, or impose the sanction recommended by the hearing examiner but shall not impose a sanction more severe than that recommended by the hearing examiner. The Superintendent or designee shall notify the student or the student’s parent or guardian of such determination within five (5) school days after receipt of the hearing examiner’s report.

3.    Decisions Based on Evidence.  The findings and recommendations of the hearing examiner, the determination by the Superintendent, and any determination on appeal to the Board, shall be made solely on the basis of the evidence presented at the hearing or, in addition, on any evidence presented on appeal.

H.    Final Disposition.  Written notice of the findings and recommendations of the hearing examiner and the determination of the Superintendent or designee shall be made by certified or registered mail or by personal delivery to the student or the student’s parent or guardian.  Upon receipt of such written notice by the student, parent, or guardian, the determination of the Superintendent or designee shall take immediate effect, unless the student or the student’s parent or guardian appeals the written notice of determination by the Superintendent or designee, pursuant to Section VIII below.

VIII.    Request for Appeal to the Board.  The student or the student’s parent or guardian may, within seven (7) school days following receipt of the Superintendent’s written notice of the determination, appeal the determination to the Board by a written request which shall be filed with the secretary of the Board or with the Superintendent. 

A.    Appeal Hearing.

1.    When.  A hearing shall be held before the Board within a period of ten (10) school days after it is requested, and such time for a hearing may be changed by mutual agreement of the student and Superintendent.

2.      Deliberating Body.  The hearing may be held before a committee of the Board of not less than three (3) members. 


3.    Appeal Proceedings.  Such appeal shall be made on the record, except that new evidence may be admitted to avoid a substantial threat of unfairness. Any such new evidence shall be recorded at the expense of the District. The Board or designated committee shall allow oral arguments, and the length of such oral arguments may be limited.

4.    Deliberation.  After examining the record, taking new evidence, if any, and hearing oral arguments, the Board or designated committee may withdraw to deliberate privately upon such record and new evidence.

a.    Limitations.  Any such deliberation shall be held in the presence only of Board members in attendance at the appeal proceeding but may be held in the presence of legal counsel who has not previously acted as the designee of the principal in presenting the school’s case before the hearing examiner. 

b.    Questions during Deliberation.  If any questions arise during such deliberations which require additional evidence, or information, the deliberating body may reopen the hearing to receive such evidence, or information, subject to the right of all parties to be present. 

5.    Action on Appeal.  The deliberating body may alter the Superintendent’s disposition of the case if it finds the decision to be too severe but may not impose a more severe sanction.

6.    Dispatch of Final Action.  The final action of the deliberating body shall be taken within three (3) calendar days after the hearing and shall be evidenced by personally delivering or mailing by certified mail a copy of the deliberating body’s decision to the student and his or her parent or guardian within three (3) calendar days after the final action.

B.    Judicial Review.  Any person aggrieved by a final decision in a contested case under this Rule, whether such decision is affirmative or negative in form, shall be entitled to judicial review.  Nothing in the Rule shall be deemed to prevent resort to other means of review, redress, or relief provided by law.

IX.    Settlement.  Nothing in this Rule shall preclude the student, the student's parents, guardian, or                      representative from discussing and settling disciplinary proceedings with appropriate school personnel prior to the time the long-term suspension, expulsion, or mandatory reassignment takes effect.

X.    Reporting of Criminal Acts to Law Enforcement Agencies.  The school principal or principal’s designee shall notify as soon as possible the appropriate law enforcement authorities of any student act which the principal or principal’s designee knows or suspects is in violation of the Nebraska Criminal Code. 


XI.    Annual Report to State Department of Education.  The Superintendent or Superintendent’s designee shall   annually provide to the State Department of Education:


A.    An assurance that the District has in effect the expulsion policy for bringing a firearm to school required by state law; and

B.    A report, in a manner prescribed by the State Department of Education, which describes the circumstances surrounding any expulsion for possessing, using or transmitting a firearm on school grounds or in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or designee, or at a school-sponsored activity or athletic event, including the name of the school concerned, the number of students expelled from the school, the types of weapons concerned, and the types of programs to which students have been assigned.

Date of Adoption
June 3, 1996
Date of Revision
June 1, 1998
September 25, 2000
March 15, 2004
May 18, 2009
December 7, 2009
May 17, 2010
April 16, 2012
May 18, 2015
April 18, 2016
April 20, 2020
January 9, 2023
August 21, 2023

5400.2: Discipline of Students with Disabilities

5400.2: Discipline of Students with Disabilities holly Thu, 07/11/2019 - 11:25

I. General Statement. The suspension and expulsion of students with disabilities for disciplinary purposes shall be in accordance with District procedures and state and federal law.

II. Students with Disabilities.

A. Students with disabilities are those students who have been verified by a multidisciplinary team as having autism, behavior disorders, deaf-blindness, developmental delay, hearing impairments (including deafness), intellectual disabilities, multiple impairments, orthopedic impairments, other health impairments, specific learning disabilities, speech-language impairments, traumatic brain injury, or visual impairments (including blindness), and who because of these impairments need special education and related services.

B. Students who have not been determined to be eligible for special education and related services and who have engaged in behavior that violates any rule or code of conduct of the District, may, as hereinafter provided in Section VI of this Rule, assert any of the protections provided for students with disabilities under Section III of this Rule, if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

III. Suspension, Expulsion and Emergency Exclusion Of Students With Disabilities.

A. Suspension For Ten (10) Days Or Less. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be suspended for ten (10) consecutive school days or less, and even if the student’s misconduct is a manifestation of the student’s disability.

1. Services shall not be provided to a student with a disability who has been suspended for ten (10) school days or less in the school year if services are not provided to a student without disabilities who has been similarly suspended. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

2. A suspension of five (5) school days or less shall follow the procedures for a short term suspension set forth in District Rule 5400.1. A suspension of more than five (5) school days, but for not more than ten (10) school days, shall follow the procedures for a long term suspension set forth in District Rule 5400.1.

B. Additional Suspensions For Ten (10) Days Or Less. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be subjected to additional suspensions for ten (10) consecutive school days or less in the same school year for separate incidents of misconduct, and even if the student’s misconduct is a manifestation of the student’s disability, just as long as the suspensions do not constitute a pattern of suspensions.

1. Suspensions may constitute a pattern of suspensions if a student is subjected to a series of suspensions that cumulate to more than ten (10) school days in a school year, the
student’s behavior is substantially similar to the student’s behavior in previous incidents
that resulted in a series of suspensions, and because of additional factors such as the length of each suspension, the total amount of time the student is suspended, and the proximity of the suspensions to each other.

2. The student’s IEP Team shall determine whether a pattern of suspensions exists.

3. If the IEP Team determines that a pattern of suspensions does not exist, then the student may be subjected to additional suspensions.

4. If the IEP Team determines that a pattern of suspensions does exist, then the student may not be subjected to additional suspensions unless:

a. The student’s IEP Team determines for each additional suspension that the student’s misconduct was not a manifestation of the student’s disability; and

b. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

c. If the student’s IEP Team determines for any additional suspension that the student’s misconduct was a manifestation of the student’s disability, then the student cannot be subjected to the additional suspension.

5. After a student with a disability has been suspended for more than ten (10) school days in the same school year, then the District shall provide special education services during any subsequent suspensions to the extent required by Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations
missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

6. After a student with a disability has been suspended for more than ten (10) school days in the same school year, then the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

C. Suspension For More Than Ten (10) Days. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be suspended for more than ten (10) school days and for less than twenty (20) school days, but only if:

1. The student’s IEP Team determines that the student’s misconduct was not a manifestation of the student’s disability;

2. The procedures for a long term suspension set forth in District Rule 5400.1 are complied with; and

3. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

4. If the student’s IEP Team determines that the student’s misconduct was a manifestation of the student’s disability, then the student cannot be suspended for more than ten (10) school days.

5. The District shall provide special education services during a suspension for more than ten (10) school days to the extent required Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

6. Either before or not later than ten (10) school days after implementing a suspension for more than ten (10) school days, the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

D. Expulsion. To the extent that expulsion would be applied to a student without disabilities, a student with disabilities may be expelled, but only if:

1. The student’s IEP Team determines that the student’s misconduct was not a manifestation of the student’s disability;

2. The procedures for an expulsion set forth in District Rule 5400.1 are complied with; and

3. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

4. The District shall provide special education services during the expulsion to the extent required by Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes, or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade- appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6)
regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).


5. Either before or not later than ten (10) school days after implementing an expulsion, the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

E. Emergency Exclusion. A student with disabilities may be subject to emergency exclusion for the reasons and pursuant to the procedures set forth in District Rule 5400.1

F. Change Of Placement Procedures. If a student with a disability is to be suspended for more than ten (10) school days in accordance with Section III (C) above, or is to be expelled in accordance with Section III (D) above, or a pattern of suspension is determined to exist in accordance with Section III (B) (4) above, then the procedures required for a change in placement must be complied with before the suspension or expulsion, including:

1. Written notification to the parents, in accordance with Title 92, Nebraska Administrative Code, Chapter 51-009.05B, of the intended suspension or expulsion; and

2. Providing the parents with a copy of the District’s Parental Rights In Special Education booklet.

IV. Placement in Alternative Educational Settings for Disciplinary Reasons.

A. The District may order a change in the placement of a student with a disability:

1. To an appropriate interim alternative educational setting or another setting for not more
than ten (10) school days, to the extent such alternatives would be applied to students
without disabilities; or

2. To an appropriate interim alternative educational setting for the same amount of time
that a student without a disability would be subject to discipline, but not for more than forty- five (45) school days, without regard to whether the behavior is determined to be a manifestation of the student’s disability, if:

a. The student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency;

b. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of the State or a local educational agency; or

c. The student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency.

B. The interim alternative educational setting shall be determined by the student’s IEP Team.

C. Any interim alternative educational setting in which a student is placed shall:

1. Be selected so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals set out in that IEP; and

2. Include services and modifications designed to address the behavior so that it does not recur.

D. Either before or not later than ten (10) school days after taking a disciplinary action described in Sections III (B), III (C), III (D), or IV (A) (2):

1. If the District did not conduct a functional behavioral assessment and implement a behavioral intervention plan for the student before the behavior that resulted in the disciplinary action, the District shall convene an IEP Team meeting to conduct a functional behavioral assessment and implement a behavioral intervention plan to address that behavior, or

2. If the student already has a behavioral intervention plan, then the IEP Team shall review the plan and modify it, as necessary, to address the behavior.

3. If a student with a disability is suspended for ten (10) school days or less in a given school year and no further suspension or disciplinary action is contemplated, then the functional behavioral assessment need not be conducted.

V. Manifestation Determination Process.

A. Manifestation Determination Review. If a student with a disability is to be suspended for more than ten (10) school days in accordance with Section III (C) above, or is to be expelled in accordance with Section III (D) above, or a pattern of suspensions is determined to exist in accordance with Section III (B) (4) above, then not later than the date on which the decision to take such disciplinary action is made, the parents shall be notified of such disciplinary decision and of all procedural safeguards, and immediately if possible, but in no case later than ten (10) school days after the date on which the decision to take disciplinary action is made, a review shall be conducted of the relationship between the student's disability and the behavior which is subject to the disciplinary action.

1. The manifestation determination review shall be conducted by the District, parent, and relevant members of the student’s IEP Team (as determined by the parent and the District), and shall consist of a review of all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parent to determine:

a. If the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or

b. If the conduct in question was the direct result of the District’s failure to implement the student’s IEP.

2. If it is determined that either Section V(A)(1)(a) or (b) is applicable, then the conduct shall be determined to be a manifestation of the student’s disability and the IEP Team must:

a. Either conduct a functional behavioral assessment and implement a behavioral intervention plan or, if such a plan already exists, review and modify it as necessary so as to address the behavior; and

b. Except as provided in Section IV (A)(2) above, return the student to the placement from which the student was removed, unless the parent and District agree to a change of placement as part of a modification of the behavioral intervention plan.

3. Determination That Behavior Was Not A Manifestation Of Disability.

a. If as a result of the manifestation determination review, the behavior of the student with a disability was not a manifestation of the student's disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities, except that a free appropriate public education must be available. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

b. If the District initiates disciplinary procedures applicable to all students, then the District shall ensure that the special education and disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.

c. If a parent requests a hearing to challenge the manifestation determination that the behavior of the student was not a manifestation of the student’s disability, the stay-put provision of Title 92, Nebraska Administrative Code, Chapter 55 applies.

B. Parent Appeal. If the student's parent disagrees with a determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement, the parent may request a due process hearing under Title 92, Nebraska Administrative Code, Chapter 55.

C. Manifestation Determination Review Not Required. If the student with disabilities is suspended for ten (10) school days or less in a given school year and no further disciplinary action is contemplated, then a manifestation determination review need not be conducted.

VI. Protections For Students Not Yet Eligible For Special Education And Related Services.

A. A student who has not yet been determined to be eligible for special education and related services and who has engaged in behavior that violated any rule or code of conduct of the District, may assert any of the protections provided for students with disabilities in this Rule, if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

B. The District shall be deemed to have knowledge that a student is a student with a disability if:

1. The parent of the student has expressed concern in writing to supervisory or administrative personnel of the District, or to a teacher of the student, that the student is in need of special education and related services;

2. The parent of the student has requested an evaluation of the student pursuant to Title 92,
Nebraska Administrative Code, Chapter 51-006.02B; or

3. The teacher of the student, or other personnel of the District, have expressed specific concerns about a pattern of behavior demonstrated by the student directly to the District's Director of Special Education or to other supervisory personnel of the District.

C. The District will not be deemed to have knowledge that a student is a student with a disability if,

1. The student has been evaluated pursuant to Title 92, Nebraska Administrative Code, Chapter 51-006 and was determined not to be a student with a disability under Title 92, Nebraska Administrative Code, Chapter 51; or

2. The parent of the student has not allowed an evaluation of the student pursuant to Title 92, Nebraska Administrative Code, Chapter 51-006, or the parent has refused services under Title 92, Nebraska Administrative Code, Chapter 51.

D. If the District does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student, then the student may be subjected to the same disciplinary measures applied to students without disabilities who engage in comparable behaviors, subject to the following:

1. If a request is made for an evaluation of a student during the time period during which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.

2. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

3. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the District and information provided by the parents, the District shall provide special education and related services in accordance with the provisions of Title 92, Nebraska Administrative Code, Chapter 51. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more.

4. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska
accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

Date of Revision
June 15, 1998
September 25, 2000
August 7, 2006
June 1, 2009
December 7, 2009
April 17, 2017
August 21, 2023

5400.3: Discipline of Students under Section 504 of the Rehabilitation Act of 1973

5400.3: Discipline of Students under Section 504 of the Rehabilitation Act of 1973 holly Thu, 07/11/2019 - 11:28

I. General Statement. Suspension and expulsion of eligible disabled students under Section 504 of the Rehabilitation Act of 1973 shall comply with District procedures and federal and state statutes, regulations, and rules. 

II. Eligible Disabled Students. 

An eligible disabled student is any student between the ages of five (5) and twenty-one (21) who has not graduated, and who has been determined by a Building 504 Team to qualify as disabled under Section 504, and for whom the District has made available an accommodation plan. 

III. Expulsion. 

A. Expulsion defined. For the purposes of this Rule, any exclusion from school for more than ten (10) school days at one time shall be deemed an expulsion from school and a significant change in placement. 

B. Building 504 Team manifestation determination. Before a disabled student is expelled from school, the student's Building 504 Team will convene to determine whether the student's misconduct was a manifestation of the student's disability. 

C. Manifestation determination. In carrying out a manifestation determination, the Building 504 Team may determine that the misconduct of the student was not a manifestation of the student’s disability only if: 

1. The Building 504 Team first considers, in terms of the misconduct which is the subject of the disciplinary action, all relevant information in the student’s file, any teacher observations, any relevant information supplied by the parents of the student, and the student’s accommodation plan and placement. 

2. The Building 504 Team then determines if the conduct in question was caused by or had a direct and substantial relationship to the student’s disability or if the conduct in question was the direct result of the District’s failure to implement the student’s 504 Plan. 

3. If the Building 504 Team determines that any of the standards in the immediately preceding Section III (C) (2) were not met, then the misconduct must be considered a manifestation of the student’s disability. 

D. Behavior not a manifestation of the disability. If the Building 504 Team determines that the misconduct is not a manifestation of the student’s disability, then the student may be excluded from school pursuant to the procedures set forth herein and in District Rule 5400.1. If a student is excluded pursuant to District Rule 5400.1, then the student shall be eligible for academic credit upon successful participation in and completion of District alternative school, classes, or programs pursuant to District Rule 5400.5. When a student so participates in District alternative school, classes, or programs pursuant to District Rule 5400.5, the student’s Building 504 Team shall convene to consider appropriate changes to the student’s 504 Plan. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D). 

E. Behavior which is a manifestation of the disability. If the Building 504 Team determines that the misconduct is a manifestation of the student's disability, then the student may not be excluded for more than ten (10) school days. The Building 504 Team will determine whether the student's current educational placement and related aids and services contained in the student's current 504 Plan are appropriate. If deemed inappropriate, then changes to the 504 Plan will be considered by the Building 504 Team. 

F. Expulsion procedures. When a disabled student is excluded from school for more than ten (10) school days, the student and the student's parent are entitled to Section 504's procedural rights including an opportunity for the examination of records, an impartial hearing (with participation of parents and opportunity for counsel), and review by an independent reviewer. In those cases where parents disagree with the manifestation determination, or with the subsequent placement and related aids and services decisions (in those cases where the misconduct is determined to be a manifestation of the disability), they may then request an informal conference or due process hearing as set forth in Sections VII through XI below. 

G. District Alternative Education Program. Expelled disabled students will have available District alternative education pursuant to District Rule 5400.5. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D). 

IV. Drugs and Alcohol. 

The District shall take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and who currently is engaging in the illegal use or possession of drugs or in the use or possession of alcohol, to the same extent that such disciplinary action is taken against students who are not individuals with disabilities. The procedural safeguards provided in 34 C.F.R. § 104.36 and in Section III (F) above and Sections VII through XI below, shall not apply to such disciplinary actions. 

V. Suspension. 

A. Behavior which is a manifestation of the disability. A student may be suspended from school for ten (10) school days or less, even if the student's misconduct is a manifestation of the student's disability. 

B. Suspension not a change in placement. A suspension of ten (10) school days or less at one time does not constitute a change of placement; however, if a student is suspended for more than ten (10) cumulative school days during the school year, then the Building 504 Team shall convene for each subsequent suspension to review and determine the appropriateness of the student's 504 Plan. 

C. Suspension conditions and procedures. A suspension of five (5) school days or less shall follow the conditions and procedures for a short-term suspension set forth in District Rule 5400.1. A suspension of more than five (5) school days, but not more than ten (10) school days, shall follow the conditions and procedures for a long-term suspension set forth in District Rule 5400.1. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. 

VI. Emergency Exclusion. 

A disabled student may be subject to emergency exclusion for the reasons and pursuant to the procedures set forth in District Rule 5400.1. 

VII. Informal Conference. 

Parents and students of majority age may file with the school principal a written request for an informal conference to discuss suspension, expulsion, or the manifestation determination. Within ten (10) school days of the receipt of the request, the principal will convene an informal conference team consisting of the parents, school administrators, and the student's Building 504 Team to attempt to resolve any disagreements. 

VIII. Preliminary Procedures for Formal Hearings. 

A. The following rules apply for formal hearings: 

1. The student's parents must file a written request with the District's Director of Student Services for a formal due process hearing with respect to the suspension or expulsion of their child, or the manifestation determination. The written request must include an explanation of the parents' concern related to the suspension, expulsion, or manifestation determination. 

2. If a formal hearing is requested, the Director of Student Services will appoint an impartial hearing officer. The hearing officer shall not be a witness at the hearing, must have no involvement in the case, must not be a District employee, and must be available to answer any questions relative to the hearing. The District, however, may pay the hearing officer as an independent contractor. 

3. The hearing must be held within twenty (20) school days after a parent's initial request for a hearing, but cannot be held without providing the principal and the student's parents at least five (5) school days prior notice. 

4. The student's parents or representative shall have the right to examine the records and written statements (including the statements of any witnesses for the District) at a reasonable time prior to the hearing. 

5. The hearing officer will also be available preceding the hearing to answer questions concerning the nature and conduct of the hearing. 

IX. The following rules apply when a formal hearing is conducted: 

A. The following shall attend the hearing: the hearing officer, the principal (or designee), the student's parents, and the student's representative (if any). The principal and Board may also have counsel present. 

B. Witnesses may be present only when giving information at the hearing. 

C. The hearing shall be closed to the public. The decision shall be treated as a record of the student, and will not be made available to the public. 

D. The student may be present if requested by the parents; however, the hearing officer may exclude the student at times when the student's psychological evaluation or emotional problems are being discussed. 

E. The principal shall present statements, in affidavit form, to the hearing officer of anyone having information pertinent to the case only if the affidavits have been made available to the student's parents or representative prior to the hearing. 

F. The hearing officer is not bound by the rules of evidence or other rules of courtroom procedure. 

G. The following persons may ask persons to testify at the hearing: the student; the student's parents or representative; the principal (or designee); and the hearing officer. The principal, District, and legal counsel for the District shall not be required to obtain or to assist in obtaining the attendance of any witness desired by the student, or the student’s parent or representative. 

H. The persons listed in the preceding paragraph shall have the right to question any witness giving information at the hearing. 

I. The testimony shall be under oath and the hearing officer shall administer the oath. 

J. Any person giving testimony is given the same immunity from liability as a person testifying in a court case. 

K. The hearing shall be recorded at District expense. 

X. Decision of the Hearing Officer. 

A. The decision of the hearing officer shall conform with the following: 

1. It shall be issued within ten (10) school days after the hearing. It will contain findings of fact, a decision of the action(s) to be taken, and the reasons therefor. The decision will be based solely upon the evidence presented at the hearing. 

2. Written notice of the decision of the hearing officer shall be sent by the Director of Student Services, by registered or certified mail, or by personal delivery, to the student’s parents. 

B. Upon receipt of the written notice, the hearing officer’s decision shall take effect. 

XI. Review Procedure. 

A. Either the complainant or the school may appeal the decision of the hearing officer to an independent reviewer appointed by the Director of Student Services. The independent reviewer must not be a witness at the hearing, must have no involvement in the case, and must be available to answer any questions relative to the hearing. The independent reviewer cannot be an employee of, or under contract with the District. Payment to the independent reviewer for his/her services does not make the reviewer an employee of, or under contract with the District. 

B. A written request for appeal must be filed with the Director of Student Services within five (5) days of the receipt of the written notice of the decision of the hearing officer. A request for appeal must be based on an alleged error of fact or law, and the written request must explain the reasons for the appeal and the alleged error of fact or law. 

C. The non-appealing party may file a written response with the independent reviewer within five (5) school days of that party’s receipt of the written request for appeal. 

D. The independent reviewer shall hold a hearing within twenty (20) school days of the filing of the written request for appeal, but such hearing cannot be held without providing all parties with at least five (5) school days notice. The proceedings of the hearing shall be limited to the presentation of oral arguments regarding the alleged errors of fact or law. The independent reviewer is not bound by the rules of evidence or other rules of courtroom procedure. 

E. The independent reviewer will complete the review and issue a written decision within ten (10) school days of the hearing. The independent reviewer has the authority to revise the findings and decision of the hearing officer and the decision of the independent reviewer will be final.

Date of Adoption
December 6, 1993
Date of Revision
June 15, 1998
September 25, 2000
August 7, 2006
December 7, 2009
December 20, 2010
April 16, 2018
August 21, 2023

5400.4: Curtailment of Extracurricular Activities

5400.4: Curtailment of Extracurricular Activities holly Thu, 07/11/2019 - 11:33

I. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student's participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

II. Ineligibility During Short and Long-term Suspension, Expulsion, or Emergency Exclusion: Misconduct On School Grounds or Under District Control.

A. Period of Ineligibility. During any time period that a student is excluded from school due to short- term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion, and will also be prohibited from attending any District sponsored extracurricular events during the period of exclusion from school, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

B. Effective Following Semester If Necessary. The ineligibility period shall remain in effect during the following semester (including the following academic school year) if there are insufficient school days in the semester to complete the ineligibility period.

C. Summer. Curtailment of extracurricular activities may occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

III. Additional Ineligibility: Misconduct Off School Grounds

A. Period of Ineligibility for Conduct off School Grounds. The prohibited conduct contained in Rule 5400.6 shall subject the student to the periods of ineligibility for extracurricular activities defined in Rule 5400.6 for conduct occurring off school grounds and not at a school event during the academic school year:

B. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

C. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

IV. Procedure. If a student is not being subjected to short-term suspension, long-term suspension, emergency exclusion, mandatory reassignment, or expulsion, but is having his/her participation in extracurricular activities curtailed for disciplinary reasons, the following procedures will be followed:

A. The principal or principal's designee shall make an investigation of the misconduct.

B. The principal or principal's designee may curtail or prohibit participation in an extracurricular activity after the principal or principal's designee determines that it is necessary to aid the student, further school purposes, or prevent interference with the educational process.

C. Prior to the curtailment, the student will be given oral or written notice by the principal or principal's designee of the charges, an explanation of the evidence against the student, and an opportunity to present the student's version.

D. Within twenty-four (24) hours or such additional time as is reasonably necessary following the decision to impose curtailment, the principal or principal's designee will send a written statement to the student and the student's parent or guardian describing:

1. The student's conduct; and

2. The reasons for the action taken.

V. Effective Date: Misconduct Off School Grounds. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal's designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision, or citation.

VI. Appeal: Misconduct Off School Grounds.

A. Curtailment for Ten (10) School Days or Less. If the student's curtailment of extracurricular activities is ten (10) school days or less, there will be no right to an appeal.

B. Curtailment for More than Ten (10) School Days. Any student whose curtailment of extracurricular activities exceeds ten (10) school days may appeal the decision to the Superintendent or Superintendent's designee by complying with the following procedures:

1. Within five (5) school days of the date of the receipt of the written decision to curtail participation in extracurricular activities, the student, or the student's parent or guardian, shall submit in writing to the Superintendent or Superintendent's designee:

a. A request to have the decision reviewed; and

b. The reason(s) for the request.

2. Any supporting evidence for the student's appeal shall be submitted in affidavit form with the written request for review. The evidence may include evidence that the student did not give to the principal or principal's designee when the student was given oral or written notice of the charges.

3. The Superintendent's or the Superintendent's designee's written disposition of the appeal will be mailed to the student, or the student's parent or guardian, within five (5) school days of the Superintendent's or Superintendent's designee's receipt of the appeal. If the request for review is not submitted to the Superintendent or Superintendent's designee in a timely fashion, the appeal shall be considered waived unless the student, or student's parent or guardian, are able to show that exigent circumstances prevented the timely submission of the appeal. The Superintendent or Superintendent's designee may change, revoke, or impose the sanction recommended by the principal or principal's designee. The Superintendent or the Superintendent's designee, however, cannot impose a sanction more severe than that recommended by the principal or principal's designee.

VII. Adoption of Rules by Athletic Teams, Clubs, and all Other Organizations Sponsored or Associated With the District. This Rule and Rule 5400.6 shall be adopted and enforced by all District teams, clubs, and organizations, which make up the District's extracurricular activities. If any District team, club, organization, or other extracurricular activity has written rules or regulations, this Rule and Rule 5400.6 (VIII) will be incorporated into such rules or regulations. Coaches and staff in charge of District extracurricular activities may adopt such other rules and regulations as are necessary to maintain discipline and order.

VIII. Commutation. Penalties assigned under this Rule may be reduced by the Superintendent or Superintendent's designee upon the successful completion of counseling, community service, or other alternative to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternative to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternative to curtailment shall be borne by the student or the student's parent(s) or guardian(s).

IX Definitions.

A. "Academic school year" shall mean the time students are in school during the dates and times that are set by the school calendar adopted by the Board, including summer school.

B. "Extracurricular activities" shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum.

C. "Ineligibility period" shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities.

D. "On school grounds" shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct.

E. "School day" shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year.

Date of Adoption
June 3, 1996
Date of Revision
June 1, 1998
September 25, 2000
April 15, 2002
March 15, 2004
June 5, 2006
April 21, 2014
May 18, 2015
January 3, 2022
September 5, 2023
Reaffirmed
June 2, 2008

5400.5: Academic Credit for Expelled and Suspended Students

5400.5: Academic Credit for Expelled and Suspended Students holly Thu, 07/11/2019 - 11:37

I.    Expelled Students.  Students expelled from the District will be eligible for academic credit upon successful participation in and completion of District alternative courses or programs and/or credits earned from any Nebraska accredited institution or other accredited institution.

A.    District Alternative School, Classes, or Programs Available to Expelled Students.  

1.    Notice.  All students expelled from the District will be advised in writing of the availability of District alternative courses or programs.  

2.    District Alternative Education.  The District alternative education available to District students who are expelled will consist of the following:

a.    High School:  Expelled students will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs. 

b.    Middle School:  Expelled students will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs. 

c.    Elementary School:  A District program consisting of materials in reading, math, and writing will be provided by the student's elementary school.  A tutor will be provided by the District one (1) day per week at the student's home or another agreed upon location to proctor the course.  The principal or principal's designee must approve the learning program prescribed for the student. 

3.    The District reserves the right to change or modify the District alternative education set forth above at any time without advance notice other than to advise expelled District students in writing of the changed or modified District alternative education available to them.  At the conclusion of the expulsion period, any student who has satisfactorily participated in the District alternative education program will be given full academic credit for the school work, classes, or programs completed.  Those students who fail to satisfactorily complete the District alternative education program will not be given any academic credit for the District alternative school attended. 

4.    Refusal to Participate.  If a parent or guardian refuses to permit an expelled student to participate in a District alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing a District alternative school, class, or program.

B.    Academic Credit and Requirements for Successful Participation.  

1.    If an expelled student successfully completes the course requirements of a District alternative school, class, or program by meeting the attendance, grade, conduct, and other requirements imposed by the District, such student will be given full academic credit for the school work, class, or program completed.  

2.    To successfully meet the District's attendance requirements, the student must not miss any school, class, program, or session assigned the student unless the absence is excused.  Whether or not an absence is excused will be determined solely by the District.  In addition, if the student violates any of the District's Standards for Student Conduct, the District will, without further obligation, terminate the program for such student after a due process hearing.    

3.    The District may adopt such other rules, regulations, or requirements it deems necessary to effectively administer this Rule.

C.    Right to a Due Process Hearing.  If an expelled student enrolled in a District alternative school, class, or program fails to meet any of the conditions, rules, regulations, or requirements of the learning program, the District may, without further obligation, terminate the program for such student after a due process hearing; no due process hearing will be required, however, if waived by the parent or guardian.

1.    Nature of Due Process Hearing.  If an expelled student's District alternative school, class, or program under this Rule is terminated by the District, the student will be afforded a due process hearing.  The hearing will be the same or substantially similar to hearings afforded students expelled from the District.  Information regarding such hearing may be obtained from the District’s Director of Student Services. 

D.    Credits Earned from Nebraska or other Accredited Institutions.

1.    Students expelled from the District are not required to attend or participate in the District’s alternative courses or programs. For such students only, the District will accept at the conclusion of the expulsion and reinstatement of the student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States.

II.    Student Suspended Ten (10) School Days or More.  Students suspended from the District for ten (10) school days or more will be eligible to participate in the District’s alternative education program.

A.    District Alternative School, Classes, or Programs Available to Students Suspended Ten School Days or More.

1.    Notice.  All students suspended from the District for ten (10) school days or more will be advised in writing of the availability of District alternative courses or programs.

2.    District Alternative Education.  The District alternative education available to District students who are suspended for ten (10) school days or more will consist of the following:

a.    High School:  Students suspended for ten (10) school days or more will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs.

b.    Middle School:  Students suspended for ten (10) school days or more will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs.

c.    Elementary School:  A program consisting of materials in reading, math, and writing will be provided by the student's elementary school.  A tutor will be provided by the District one (1) day per week at the student's home or another agreed upon location to proctor the course.  The principal or principal's designee must approve the learning program prescribed for the student.

3.    The District reserves the right to change or modify the District alternative education set forth above at any time without advance notice other than to advise suspended District students in writing of the changed or modified District alternative education available to them.  At the conclusion of the suspension period, any student who has satisfactorily participated in the District alternative education program will be given full academic credit for the school work, classes, or programs completed.  Those students who fail to satisfactorily complete the District alternative education program will not be given any academic credit for the alternative school attended.

4.    Refusal to Participate.  If a parent or guardian refuses to permit a suspended student to participate in a District alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing a District alternative school, class, or program.

B.    Academic Credit and Requirements for Successful Participation.

1.    If a student suspended for ten (10) school days or more successfully completes the course requirements of a District alternative school, class, or program by meeting the attendance, grade, conduct, and other requirements imposed by the District, such student will be given full academic credit for the school work, class, or program completed.

2.    To successfully meet the District's attendance requirements, the student must not miss any school, class, program, or session assigned the student unless the absence is excused.  Whether or not an absence is excused will be determined solely by the District.  In addition, if the student violates any of the District's Standards for Student Conduct, the District will, without further obligation, terminate the program for such student after a due process hearing.

3.    The District may adopt such other rules, regulations, or requirements it deems necessary to effectively administer this Rule.

III.    Suspended Students and Make Up Work.

A.    Students suspended from the District will have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Policy 6235 and District Rule 6235.1.

B.    Suspended students will not be required to attend the District’s alternative education program in order to complete such make up work.

C.    This opportunity to complete such make up work applies to all students suspended from the District, including students suspended ten (10) school days or more and who choose not to participate in the District’s alternative education program.

IV.    Transportation.  Students participating in the District’s alternative education courses or programs shall not be provided transportation to the District alternative education site unless compelling reasons exist for the administration to arrange otherwise.  Such determination shall be made by and at the sole discretion of the Superintendent or designee.

V.    Definitions.  

A.    "District Alternative Schools, Classes, or Programs" shall mean that special category of District schools, classes, or programs required by law to be provided exclusively for expelled students.

B.    "Learning Program" shall mean a general District program or plan for all expelled students and students suspended for ten (10) school days or more, or an individualized program adapted from a generally offered District program, or an individualized program developed by the school and/or designated staff member to assist an expelled student or a student suspended for ten (10) school days or more in achieving District credit toward graduation.   

Date of Adoption
May 19, 1997
Date of Revision
June 1, 1998
September 25, 2000
December 7, 2009
September 17, 2012
May 18, 2015
January 3, 2022
August 21, 2023

5400.6: Standards for Student Conduct

5400.6: Standards for Student Conduct holly Thu, 07/11/2019 - 11:42

I. Introduction. 

A. Policy Statement. Every District student has the right to an education. The following Standards have been instituted to ensure that right within the context of an orderly and effective educational process. Each student and their parents are required, on their own, to become familiar with these Standards, and to help provide an atmosphere conducive to learning. 

B. Grounds for Exclusion. A student may be excluded from school if there is reasonable information that the student has committed a prohibited act listed below while on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

C. Exclusion from School Grounds and Activities. A student who is excluded from school for a suspension, expulsion, or emergency exclusion shall not enter upon District property, or ride in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or participate in or attend a school-sponsored activity or athletic event. Expelled students and students suspended for ten (10) school days or more may enter upon District property for the sole purpose of attending alternative education at a location and time designated by the Director of Student Services. 

D. Length of Expulsions. Unless specified otherwise within these Standards, the expulsion of a student shall be for the remainder of the semester in which it took effect unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or within ten (10) school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year. Neb. Rev. Stat. §79-283(2). 

E. Length of Suspension. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

F. Contact of Legal Authorities. The principal of a school or the principal’s designee shall notify as soon as possible the appropriate law enforcement authorities, of the county or city in which the school is located, of any act of a student described in Neb. Rev. Stat. §§79-267 which the principal or designee knows or suspects is a violation of the Nebraska Criminal Code. Neb. Rev. Stat. §79-262(1) and 293(1). 

G. Sanction to be Followed. If minimum and maximum sanctions are not specified for a specific prohibited act, the specified sanction shall be imposed. 

H. Expulsion as Sanction. Expulsion is specified as a sanction for particular conduct because the District’s Board of Education finds that the type of conduct for which expulsion is specified has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or other persons, or to otherwise seriously interfere with the educational process. Neb. Rev. Stat. §79-262(1). 

I. Students with Disabilities. Disciplinary procedures for students who have disabilities as defined by the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 shall be subject to the disciplinary procedures set forth in District Rules 5400.2 and 5400.3 and applicable federal and state law. 

J. Students in Pre-Kindergarten through Second Grade. Students in pre-kindergarten through second grade shall not be suspended from school, and such students shall instead be subject to disciplinary measures inside the school as an alternative to suspension. Provided however, if such a student brings a deadly weapon as defined in subsection IX (G) of this Rule, on to school grounds, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or to a school-sponsored activity or athletic event, then the student may be suspended in accordance with subsections II(D)(1) through (4) of this Rule as may be applicable. Neb. Rev. Stat. § 28-109(7), Neb. Rev. Stat. § 79-265.01. 

K. Mandatory Compliance. Students and their parent(s) or guardian(s) are hereby notified that compliance with the District’s Standards for Student Conduct is mandatory. It is the responsibility of all students and their parent(s) or guardian(s) to become familiar with these Standards. 

II. Violations Against Persons. 

A. Use of Violence. Use of violence, force, coercion, threat, intimidation or similar conduct in a manner that constitutes a substantial interference with school purposes. 

1. Pushing, Shoving, Aggressive, or other Physical Contact Related to Non-injurious Behaviors. 

a. Maximum Sanction. Short-term suspension. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

2. Fighting. Mutual attempt to physically harm another person through mutual combative physical contact. 

a. First Offense. 

(1) Minimum Sanction. Short-term suspension. There is no mandated minimum sanction below grade six (6). 

(2) Maximum Sanction. Long-term suspension. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

(4) Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved, an involved student or parent requests that a report to law enforcement be made, or a report is required or requested by law enforcement or the county attorney. Neb. Rev. Stat. § 28-310(2); Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

b. Additional Offenses. 

(1) Minimum Sanction. Long-term suspension. 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved, an involved student or parent requests that a report to law enforcement be made, or a report is required or requested by law enforcement or the county attorney. Neb. Rev. Stat. § 28-310(2); Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

3. Physical Assault. Initiation of a violent act against another person through aggressive physical contact. 

a. Minimum Sanction. Long-term suspension. There is no mandated minimum sanction below grade six (6). 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

B. Personal Injury to District Employees, Volunteers, and Students. Causing or attempting to cause personal injury to an employee, a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this provision. Neb. Rev. Stat. §79-267(3) and 283(3). 

1. Sanctions on School Grounds. 

a. Maximum Sanction. Expulsion for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Neb. Rev. Stat. §79-283 (3). 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§79-262(1), 267(3) and 293. 

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection II (B). 

b. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the curtailment shall remain in effect for summer school and may remain in effect for the first semester of the following school year. 

C. Use of Threats or Intimidation. 

1. Use of Threats (Verbal and Written). All threats, including those alleged to be jokes, will always be taken seriously and are subject to the following disciplinary action. 

a. Level One Threat (Transient). Using a threat as part of a common expression or in a context that the recipient does not feel threatened, frightened, or coerced (e.g., “Oh, I could just kill you for that” or “I will punch you in the nose”). 

(1) Maximum Sanction. Short-term suspension. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

b. Level Two Threat (Serious Substantive). Using an expression or an implied or veiled threat with the intent of threatening, frightening, or coercing another or the recipient feels threatened, frightened, or coerced (e.g., “I will kill you”). 

(1) Minimum Sanction. Short-term suspension. There is no mandated minimum sanction below grade four (4). 

(2) Maximum Sanction. Long-term suspension. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. § 28-310; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

c. Level Three Threat (Very Serious Substantive). Threatening to kill or injure, or threatening to damage property with potential for personal injury, without possessing a weapon or other object that could kill or injure , including any threats that concern dangerous chemical substances, biochemical attacks, bioterrorism, bombs, or any type of explosive or incendiary device.

(1) Minimum Sanction. Long-term suspension. There is no mandated minimum sanction below grade four (4). 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-310, 311.01 and 907; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

d. Threatening with an Object. Threatening with an object which looks like a weapon or an object that could be used to injure someone. To qualify as a look-a-like weapon, the object must closely resemble a real weapon in size, shape, and color even when examined up close. 

(1) Minimum Sanction. Long-term suspension. 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Firearms, Explosives, and Weapons. 

1. Firearms, Etc. Knowingly possessing, handling, transmitting, using, intimidating with, or threatening with any firearm, explosive, or destructive device. For the purposes of this subsection II(D)(1), firearm means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or the frame or receiver of any such weapon, or any firearm muffler or firearm silencer, or any destructive device. Such term does not include an antique firearm. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Mandatory expulsion for one (1) year. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

(3) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04, 1215, 1216 and 1220; Neb. Rev. Stat. §§79-262(1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation for illegal possession of a weapon during the academic school year or the student admits that he or she has violated subsection II(D). 

(2) Extracurricular Sanction. Curtailment of extracurricular activities for one (1) year. 

2. Use and Possession of Dangerous Weapons. Using, intimidating with, threatening with, handling, transmitting, possessing on one’s person or in one’s vehicle any dangerous weapon, including but not limited to any stun gun, paintball gun, taser, airsoft gun, B.B. gun, or pellet gun. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Twenty (20) school day expulsion. 

(2) Maximum Sanction. Expulsion for one (1) year. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04; Neb. Rev. Stat. §§79-262 (1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation for illegal possession of a weapon during the academic school year or the student admits that he or she has violated subsection II (D). 

(2) Extracurricular Minimum Sanction. Curtailment of extracurricular activities for twenty (20) school days. 

(3) Extracurricular Maximum Sanction. Curtailment of extracurricular activities for one (1) year. 

3. Other Dangerous Weapons. Using or threatening with a knife, throwing star, brass knuckles, chemical substances (including, but not limited to, mace, pepper spray, and bleach), and any other objects that could be used to injure a person. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Long term suspension. 

(2) Maximum Sanction. Expulsion for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Neb. Rev. Stat. §79-283 (3). 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04; Neb. Rev. Stat. §§79-262(1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation during the academic school year or the student admits that he or she has violated subsection II (D). 

(2) Extracurricular Minimum Sanction. Curtailment of extracurricular activities for six (6) school days. 

(3) Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the curtailment shall remain in effect for summer school and may remain in effect for the first semester of the following school year. 

4. Possession of Certain Prohibited Objects. Knowingly possessing, handling, or transmitting knives, throwing stars, brass knuckles, or other objects not enumerated above which could cause injury. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

5. Possession of Look-a-Like Weapons. Knowingly possessing a look-a-like weapon. The object must closely resemble a real weapon in size, shape, and color even when examined up close. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Long-term suspension. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

6. Exception for Certain Firearms. Subsection II(D) shall not apply to: 

a. The issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training; 

b. Firearms which may lawfully be possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms; or 

c. Firearms and guns which may lawfully be possessed and used off school grounds, not at a school function, activity, or event. 

E. Extortion. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

F. Sexual Assault or Attempted Sexual Assault. Any sexual assault or attempt to sexually assault any person. Sexual assault shall mean sexual assault in the first or second degree as defined in Section IX (EE) of this Rule and Neb. Rev. Stat. §§28-319 and 320, or sexual assault of a child in the first, second or third degree as defined in Section IX (EE) of this Rule and Neb. Rev. Stat. §§28-319.01 and 320.01. Neb. Rev. Stat. §79-267(9). 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Mandatory expulsion for one (1) year and possible reassignment upon return. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-319 to 320.01; Neb. Rev. Stat. §§79-262(1), 267(9) and 293.

2. Sanctions off School Grounds. 

a. Minimum Sanction. Curtailment of extracurricular activities for one (1) year. 

b. Maximum Sanction. Expulsion for one (1) year. A complaint must have been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person off school grounds not at a school function, activity, or event, and the student’s presence at school has a direct and immediate effect on maintaining discipline, order, or safety in the school. Neb. Rev. Stat. §79-267(9). 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

G. Sexual Contact. The intentional touching of another person’s sexual or intimate parts or the intentional touching of another person’s clothing covering the immediate area of the other person’s sexual or intimate parts, without the consent of the other person. Sexual contact also includes the non-consensual touching by the other person of the actor’s sexual or intimate parts or the clothing covering the immediate area of the actor’s sexual or intimate parts when such touching is intentionally caused by the actor. The sexual contact must be such that it can be reasonably construed as being for the purpose of sexual arousal or gratification of either party. Neb. Rev. Stat. §§28-318(5) and 320. 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262 (1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection II (G). 

b. Extracurricular Minimum Sanction. Curtailment of extracurricular activities for up to five (5) school days. 

c. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

H. Sexual Harassment. Unwanted or unwelcome activity of a sexual nature which materially interferes with or substantially disrupts the educational process. This may include, but is not limited to, unwanted touching, pinching, patting, verbal comments of a sexual nature, sexual name-calling, pressure to engage in sexual activity, repeated propositions, written messages, notes, cartoons or graffiti of a sexual nature, and unwanted body contact. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

I. Harassment. Any intentionally hurtful, demeaning, or disparaging acts, words, symbolic representations, or behavior used by a student or students against another student, students or staff member(s) that is disruptive to the educational process. This includes, but is not limited to, verbal, physical, visual, or graphic actions such as name-calling, taunting, mocking, slandering, humiliating, defaming, teasing, pestering; and making derogatory remarks, demeaning jokes, disparaging drawings or notes. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

J. Bullying. Any ongoing intentionally hostile or offensive verbal, written, graphic, demonstrative, electronic, or physical act used by a student or student(s) against another student or student(s) that has the purpose of exerting domination over another student through the act of intimidating, frightening, oppressing, retaliating, or adversely controlling the student, and that is disruptive of the educational process or any ongoing pattern of physical, verbal, written, graphic, demonstrative or electronic abuse, on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. This may include, but is not limited to, verbal, graphic, written or electronic activities such as name-calling, taunting, blackmailing, inciting to fight, terrorizing, threatening, or physical or demonstrative activities such as poking, blocking or impeding, following, hair pulling, mock hitting motions, intentionally bumping, tripping, and damaging clothing. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

K. Hazing. Any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with or participation in any group or activity. Such hazing activity shall include, but shall not be limited to the following: whipping; beating; branding; forced and prolonged calisthenics; prolonged exposure to the elements; forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption; prolonged sleep deprivation; harassing by exacting unnecessary or disagreeable work, banter, ridicule, or criticism; or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person. Consent to the hazing by the student(s) shall not be a defense to hazing. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

III. Violations Against Public Health and Safety. 

A. Possession, Use or Under the Influence of Alcohol or other Drugs. Possession, use or being intoxicated or under the influence of an illegal narcotic drug, controlled substance, marijuana, mood-altering or behavior-affecting substance, look-a-like substance, or alcohol, or possession, use or being intoxicated, or under the influence of a prescribed medication by a student for whom the prescribed medication was not prescribed, or possession or use of drug paraphernalia. 

1. Sanctions on School Grounds. 

a. First Offense. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities).). 

b. Additional Offenses. Mandatory expulsion. Prior violations of subsections III (A), (B), (C), or (D) on school grounds will be included as previous offenses. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262 (1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection III (A). 

(1) First Offense. Curtailment of extracurricular activities for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days curtailment of extracurricular activities). 

(i) Students who self-report to a building administrator or coach or extracurricular activity sponsor, that he or she has violated subsection III(A), by self-reporting their violation the morning of the next school day following the violation, or if the next day following the violation is not a school day but extracurricular practices, activities, or games are being held and the student self-reports to a building administrator or coach or sponsor before the extracurricular practices, activities, or games commence, then the curtailment of extracurricular activities will be reduced to seventeen (17) school days with the possibility of reduction to eight (8) school days upon the completion of the District-approved suspension reduction program. 

(2) Additional Offenses. Prior violations of subsections III(A), (B), (C), or (D), on or off school grounds will be included as previous offenses. 

(i) Extracurricular Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

B. Distribution of Alcohol or other Drugs. Distribution or attempted distribution to or receipt or attempted receipt from, any other person, of any illegal narcotic drug, controlled substance, marijuana, look-a-like substance, mood-altering or behavior affecting substance, or alcohol. 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Expulsion. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection III (B). 

b. Extracurricular Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

C. Possession, Use and Transportation of Medications. The possession, use, and transportation of prescribed and non-prescribed medications shall be in accordance with the following rules. 

1. Possession of Medications (Preschool and Elementary Levels). Possession of prescribed or non-prescribed medications on school grounds is prohibited. Elementary school students may not transport prescribed or non-prescribed medications to or from school. Elementary school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense.

(1) Maximum Sanction. Suspension for nineteen (19) school days.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension.

b. Additional Offenses.

(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), will be included as previous offenses.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

2. Possession of Medications (Middle School Level). Possession of prescribed or non-prescribed medications on school grounds is prohibited. Middle school students may transport non-prescribed medications to and from school but must turn it into the administrative/health care office upon arrival at school. Middle school students may not transport prescribed medications to or from school. Middle school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense.

(1) Maximum Sanction. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities).

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension.

b. Additional Offenses.
(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), will be included as previous offenses.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

3. Possession of Medications (High School Level). Possession of prescribed medications is prohibited. High school students may possess non-prescribed medications, but they may not possess prescribed medications except in transport to and from school. Prescribed medications must be turned into the administrative or health care office upon arrival at school. High school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense. 

(1) Maximum Sanction. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities). 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

b. Additional Offenses. 

(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), on school grounds will be included as previous offenses. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Distribution of Prescribed Medications. Distribution or attempted distribution to or receipt or attempted receipt from any other person, of any prescribed medication. 

1. Minimum Sanction. Long-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Additional Offenses.

a. Minimum Sanction. Expulsion.

4. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

5. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. § 28-416; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

E. Distribution of Non-Prescribed Medications. Distribution or attempted distribution to or receipt or attempted receipt from any other person, of any non-prescribed medication. 

1. First Offense. Short-term suspension. 

2. Additional Offenses.

a. Minimum Sanction. Long-term suspension. 

b. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

F. Exposure to Bodily Fluids. Intentionally spitting, throwing, wiping, or otherwise dispersing bodily fluids or excrement on or to another student or staff member for the purpose of infecting, inciting, demeaning, or intimidating that person. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

G. Tobacco and E-Cigarette Products. Possession or use of tobacco products or e-cigarette type products. 

1. First Offense. Suspension for three (3) school days. Students, may choose to complete the District - approved suspension reduction education module. Successful completion of the module will reduce the suspension and curtailment of extracurricular activities by a maximum of one (1) school day.

2. Maximum Sanction. Long-term suspension. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

H. Possession or Use of Fireworks. Possession or use of fireworks of any description. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

IV. Violations against Public Decency and Good Morals. 

A. Public Indecency. Behavior resulting in public indecency (see definition). This subsection shall apply only to students above grade five (5). Neb. Rev. Stat. §79-267(7). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

B. Profanity and Obscenity. Verbal, written or electronic language, communications, pictures, photos, videos, digital images, drawings or materials of any kind that are reasonably offensive or repulsive to the person hearing, viewing or receiving the same and which is disruptive to the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

C. Pornography. Any picture, photo, video, digital image, drawing or materials of any kind that in the reasonable judgment of school administrators constitute child pornography, pornography, or obscene materials pursuant to Neb. Rev. Stat. §§ 28-807, 808, 1463.02 or 1463.03, whether or not a citation is issued by a law enforcement officer or prosecuting authority. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Disparaging Language/Symbolism. Disparaging or demeaning language or symbolic actions of any kind including, but not limited to gestures or language that is intended to disparage, demean, or subject another student or staff member to ridicule. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

E. Secret Organizations/Gangs. Participation or membership in any secret fraternity, sorority, club, association, or organization is prohibited. The wearing of any ring, pin, or insignia of such a secret organization is also prohibited. Organizations or gangs, which initiate, advocate, or promote violence, drug or alcohol use, sex, criminal activity, or activities which disrupt the school environment or threaten the safety or well being of persons or property, and which identify themselves through the use of a name, geographic territory, unique appearance, or language, are a substantial disruption to and material interference with the educational environment, and are prohibited. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol, or other attributes indicates or implies membership in or affiliation with such a group, constitutes a substantial disruption to and material interference with the educational environment, and are prohibited. 

1. Maximum Sanction. Expulsion.

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

V. Violations against Property. 

A. Damage to Property. Willfully causing or attempting to cause substantial damage or participating in behavior that results in negligent damage to property, or repeated damage to property. This shall include school property lent to the student which the student damages. As to any such damaged property, the student’s parent(s) or guardian(s) shall be liable for the damage to the school property. Neb. Rev. Stat. §79-267(2). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted when the value of the property is five hundred dollars ($500.00) or more. Neb. Rev. Stat. §28-519; Neb. Rev. Stat. §§79-262(1), 267(2) and 293.

B. Theft/Larceny. Stealing or attempting to steal property, or repeated theft of property. This will include school property lent to a student that is not returned upon demand by an authorized staff member and for which there is no reasonable justification for the failure to return the property. Neb. Rev. Stat. §79-267(2). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted when the value of the property is five hundred dollars ($500.00) or more. Neb. Rev. Stat. §§28-511 and 518; Neb. Rev. Stat. §§79-262(1), 267(2) and 293.

4. Sanctions off School Grounds. Committing burglary or theft which constitutes a felony provided the student has received a citation by a law enforcement officer which involves the offense subject to this subsection or the student admits that he or she has violated subsection V(B). 

a. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

C. Arson or False Fire Alarm. Intentionally starting a fire. Use of any fire causing agents to start or attempt to start a fire. Purposely or knowingly causing a false fire alarm. Neb. Rev. Stat. §§28-502 to 504 and 907; Neb. Rev. Stat. §79-267(10). 

1. Minimum Sanction. Short-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

4. Report to Law Enforcement. Legal authorities (Police and Fire) shall be contacted if it is believed the arson was criminal. Neb. Rev. Stat. §§28-502 to 504 and 907; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

D. False Alarm or Report. Purposely making a false alarm or false report, or purposely furnishing false information or making a communication or statement, whether verbal, written or electronic, concerning the existence of any bomb, explosive device, weapon, firearm, dangerous chemical substance, or biochemical or terroristic device, or concerning an intent or attempt to be made to kill, injure, or intimidate any individual or to use, possess, or bring on to District property or to any District activity or event any bomb, explosive device, weapon, firearm, dangerous chemical substance, or biochemical or terroristic device, or concerning the need for medical, police, or emergency services or procedures. Neb. Rev. Stat. §§28-907 and 1221; Neb. Rev. Stat. §79-267(10). 

1. Minimum Sanction. Short-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

4. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-907 and 1221; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

E. Misuse of Technology. Direct or indirect use of personal technologydevice, District computers, computer networks, or computer systems, which involves offensive, personal, commercial, and/or religious messages, or any unauthorized access or use of personal technologydevices, District computers, computer networks, or computer systems which violates District policy or state or federal law. Neb. Rev. Stat. §§28-1341 to 1348; Neb. Rev. Stat. §79-267(10). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted if the action constitutes a felony. Neb. Rev. Stat. §§28-1341 to 1348; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

F. Trespass. Entering or secretly remaining in any District building or on any District property or facility, or any separately secured portion thereof, without authorization. Neb. Rev. Stat. §28-520(1)(a).

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

3. Mandatory Action. Legal authorities shall be contacted. Neb. Rev. Stat. §28-520(1)(a); Neb. Rev. Stat. §§79-267(10) and 293.

VI. Violations against School Administration. 

A. Tardy/Truancy/Elopement. Unauthorized absence from school. Neb. Rev. Stat. §§79-201 and 209. 

1. Maximum Sanction. Short-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

B. Gambling. Playing any game of chance for money or other stakes. Neb. Rev. Stat. §79-267(10). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

C. Dishonesty. Dishonesty that interferes with the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Dress Code Violation. Failure to comply with the established building dress code. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

E. Failure to Report. Failure to comply with assigned discipline consequence. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

F. Failure to Comply. Failure to follow established building rules and procedures. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

G. Open Campus/Unauthorized Area Violation. Violating established open campus rules and/or being in an unauthorized location without permission. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

H. Cheating or Plagiarism. Cheating on examinations including but not limited to ELO examinations. Plagiarism on projects including but not limited to reports, research papers, and portfolios. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

I. Insubordination/Defiance/Non-Compliance. Disrespect for, defying authority of, or refusing to obey requests or directions of teachers, school officials or school employees. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

J. Disruptive Behavior. Behavior or possession of any item that materially interferes with or substantially disrupts class work, school activities, or the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

K. Nuisance Items. Any item in a student’s possession that is sufficiently annoying, offensive, unpleasant, or obnoxious that it substantially interferes with or materially interrupts the educational process. These items may include, but are not limited to all electronic devices and toys.

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

L. Unlawful Activity. Engaging in any unlawful activity not specifically covered herein, which constitutes a danger to other students or school personnel, or interferes with school purposes or the educational process. Neb. Rev. Stat. §79-267(10).

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

M. False Complaints. False accusations or complaints against another student or staff member. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

N. Student Identification. Failure of a high school student to present the school approved student identification card upon the request of a District staff member while on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

1. Maximum Sanction. Short-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

VII. Repeated Offenses or Series of Prohibited Conduct. 

A. Two (2) or more violations of prohibited conduct or violation of two (2) or more of the acts prohibited herein within the current building level, which constitute a substantial interference with school purposes. Neb. Rev. Stat. §79-267(11). 

1. Sanction. Unless otherwise provided herein, prohibited conduct otherwise subject to short-term suspension may be subject to long-term suspension; conduct otherwise subject to long-term suspension may be subject to expulsion; prohibited conduct initially subject to expulsion may be again subject to expulsion. 

VIII. Curtailment of Extracurricular Activities. 

A. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student’s participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District-sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school-sponsored activity pursuant to the provisions of this section. 

B. Period of Ineligibility for Conduct on School Grounds. 

1. Period of Ineligibility. During any time period that a student is excluded from school due to short-term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion from school, and will also be prohibited from being on District property or attending any District-sponsored extracurricular events during the period of exclusion from school. 

C. Period of Ineligibility for Conduct off School Grounds. 

1. Period of Ineligibility. The prohibited conduct contained in Sections II (B), (D), (F), and (G), III (A), and (B), and V (B) of this Rule, shall subject the student to the periods of ineligibility for extracurricular activities therein provided for conduct occurring off school grounds and not at a school event during the academic school year. 

D. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period. 

E. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period. 

F. Extracurricular Commutation. Penalties assigned under this section may be reduced by the Superintendent or Superintendent’s designee upon the successful completion of counseling, community service, or other alternatives to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternatives to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternatives to curtailment shall be borne by the student or the student’s parent(s) or guardian(s). 

G. Effective Date. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal’s designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision or citation. 

IX. DEFINITIONS. 

A. “Academic school year” shall mean the time students are in school during the dates and times set by the school calendar and adopted by the Board, including summer school. 

B. “Alcoholic beverage” shall mean any substance subject to the jurisdiction of the Nebraska Liquor Commission. 

C. “Citation” shall mean a written complaint, writ, summons, requirement to appear, ticket, uniform citation form, decree, notice, warrant, indictment, information, or other legal process issued by a law enforcement officer or prosecuting authority, which charges the student with committing an offense against the law, whether given directly to the student or the student's parent or guardian, or forwarded to a federal, state, county, or municipal attorney, prosecutor, or prosecuting authority. 

D. “Controlled substance” shall mean opiates, opium derivatives, depressants, stimulants, and the substances and derivatives as defined by Neb. Rev. Stat. §28-401(4) including, but not limited to, “uppers”, “downers”, barbiturates, amphetamines, LSD, heroin, hashish, hallucinogenic substances, cocaine, and substances such as glue, to the extent any such substance is used for the purpose of mood or behavior alteration by a student, and any other substance which alters the mood or behavior and which is not taken for medical purposes (e.g., steroids). 

E. “Current building level” shall mean the current education level in which the student is enrolled (i.e., grades 9-12 are the high school building level, grades 6-8 are the middle school building level, and grades K-5 are the elementary school building level). 

F. “Curtailment of extracurricular activities” shall mean that the student is ineligible for participation in or attending any extracurricular activities. During any time that a student is excluded from school for conduct occurring while within school jurisdiction, the student is ineligible for participation in or attending any extracurricular activities. 

G. “Deadly weapon” shall mean any firearm, knife, bludgeon, or other device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury. Neb. Rev. Stat. §28-109(7);  Neb. Rev. Stat. §79-265.01.

H. “Destructive device” shall mean (1) any explosive, incendiary, chemical or biological poison, or poison gas-bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, booby trap, Molotov cocktail, bottle or pipe bomb, vessel or container intentionally caused to rupture or mechanically explode or device similar to any of the devices described in the proceeding clauses; (2) any type of weapon (other than a shotgun shell which is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (3) any combination of parts either designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled. 

I. “Distribution or attempted distribution to or receipt or attempted receipt from, any other person” shall mean all actions, activities, and communications, whether verbal, written, or electronic, involved with the transfer or attempt to transfer, or the receipt or attempt to receive any illegal narcotic drug, controlled substance, marijuana, look-a-like substance, mood-altering or behavior affecting substance, alcohol, prescribed medications, or non-prescribed medications. These terms shall be broadly construed and interpreted to include, but not be limited to, any and all actions, activities, and communications concerning the sale, transfer, trading, offering, gifting, receiving, purchasing, soliciting, and/or acceptance of the aforesaid substances, whether or not a transfer is actually made, and whether or not the student comes into actual possession thereof. 

J. “Drug paraphernalia” shall mean all equipment, products, materials, and items which are used, intended for use, altered for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, vaporizing, or otherwise introducing into the human body any controlled substance. 

K. “Exclusion” shall mean that time period a student is excluded from school during short-term suspension, long-term suspension, emergency exclusion, or expulsion. It may also mean that time period that the student is mandatorily reassigned. 

L. “Expulsion” shall mean exclusion from all schools in the District (except the location designated for alternative education). 

M. “Extracurricular activities” shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum. 

N. “Firearms” shall mean (1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. Such term does not include an antique firearm. 

O. “Illegal narcotic drug” shall mean the illegal substances as defined by Neb. Rev. Stat. §28-401(15). 

P. “Ineligibility period” shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities. 

Q. “Injury” shall mean damage to a person that results in a specific wound or wounds that requires first aid treatment or a physician’s care. 

R. “Long-term suspension” shall mean exclusion from all schools in the District for more than five (5) school days but less than twenty (20) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

S. “Look-a-like substance” (also known as imitation controlled substance) shall mean any substance which is not a controlled substance, but which by its appearance (including, but not limited to, color, shape, size, markings, or packaging) or by representations made, induce or are intended to induce, persons to believe that the substance is a controlled substance. “Look-a-like substance” shall include any beverage containing alcohol or a beverage that is represented to contain alcohol. 

T. “Medication” shall be broadly defined and shall mean all prescribed medications, over the counter and other non-prescribed medications, and all chemical substances, compounds, homeopathic substances, herbs, vitamins, and/or devices, which purport to aid in a person’s health or well-being or are intended for use in the diagnoses, cure, mitigation, treatment, or prevention of diseases, or are intended to affect the structure or any function of the body; and any device, instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is prescribed by a physician, physician assistant, or advanced practice registered nurse, and dispensed by a pharmacist or other person authorized by law. 

U. “Non-prescribed medication” shall mean all medications which are available without a prescription or order from a person who is licensed under the laws of Nebraska to prescribe medications. 

V. “On school grounds” shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

W. “One year” shall mean the three hundred sixty-five (365) days that follow the acts at issue. 

X. “Possession of a substance” shall mean situations where a student has on his or her person, within his or her personal property, within his or her vehicle, within school property assigned to him or her or under his control, a substance prohibited under this Rule, while on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic
event.. Small or trace amounts of a prohibited substance constitute possession of a substance. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology are reasonable information of the possession of prohibited substances. 

Y. “Prescribed medication” shall mean all medications which are available only with a prescription or order from a person who is licensed under the laws of Nebraska to prescribe medications. 

Z. “Prior violations” shall mean violations of the involved conduct violation or any other cited subsections, which occurred while the student is in the current building level. Student conduct violations which occurred in another school district at the current building level shall be included as prior violations. For suspension, expulsion, or reassignment purposes, prior violations shall only include previous student conduct violations which occurred on school grounds. For curtailment of extracurricular activities purposes, prior violations shall include previous student conduct violations which occurred on or off school grounds. 

AA. “Public indecency” shall mean performing, procuring, or assisting any other person to perform, in a public place and where the conduct may reasonably be expected to be publicly viewed: (1) An act of sexual penetration; (2) an exposure of the genitals, female breasts or buttocks of the body done with intent to affront or alarm any person; or (3) a lewd fondling or caressing of the body of another person of the same or opposite sex. 

BB. “Reasonable information that the student has committed a prohibited act” shall mean such amount of information from which a reasonable school administrator who is not acting based on improper motives such as discrimination, retaliation, revenge, or retribution, could reasonably conclude that the student engaged in the prohibited acts in question. Such amount of information shall not be evidence beyond all reasonable doubt, or clear and convincing evidence, or even a preponderance of the evidence. Such reasonable information shall be evaluated within the context of an orderly and effective educational process, and shall not be evaluated within the context of any laws, regulations, rules, practices, or procedures which may be applicable in any criminal or civil judicial proceedings, administrative officer proceedings, law enforcement or administrative agency investigation proceedings, or formal evidentiary proceedings. 

CC. “School day” shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year. 

DD. “School jurisdiction” shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

EE. “Semester” shall mean the equivalent of one half of the required student instructional days. 

FF. “Sexual assault” shall mean sexual assault in the first or second degree as defined in Neb. Rev. Stat. §§28-319 and 320, or sexual assault of a child in the first, second or third degree as defined in Neb. Rev. Stat. §§28-319.01 and 320.01, as such statutes now provide or may hereafter be amended. Sexual assault in the first degree occurs when a person subjects another person to sexual penetration without the consent of the victim, or when a person who is nineteen years of age or older subjects another person who is at least twelve but less than sixteen years of age to sexual penetration. Neb. Rev. Stat. §28-319. Sexual assault in the second degree occurs when a person subjects another person to sexual contact without the consent of the victim and the actor causes serious personal injury to the victim. Neb. Rev. Stat. §28-320. Sexual assault of a child in the first degree occurs when a person who is nineteen years of age or older subjects another person under twelve years of age to sexual penetration. Neb. Rev. Stat. §28-319.01. Sexual assault of a child in the second degree occurs when a person who is nineteen years of age or older subjects another person fourteen years of age or younger to sexual contact and the actor causes serious personal injury to the victim. Neb. Rev. Stat. §28-320.01. Sexual assault of a child in the third degree occurs when a person who is nineteen years of age or older subjects another person fourteen years of age or younger to sexual contact and the actor does not cause personal injury to the victim. Neb. Rev. Stat. §28-320.01. 

GG. “Sexual or intimate parts” shall mean the genital area, groin, inner thighs, buttocks or breasts. 

HH. “Short-term suspension” shall mean exclusion from all schools in the District not to exceed five (5) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

II. “Under the influence” shall mean the manifestation of physical and physiological symptoms or reactions caused by the use of any illegal narcotic drug, controlled substance, marijuana, mood-altering or behavior- affecting substance, prescribed medication by a student for whom the prescribed medication was not prescribed, or alcohol. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, physical mobility, and such other factors which the training of school administrators indicates as being reasonable information of the use of prohibited substances or being under the influence of the same. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology, are reasonable information of the use and possession of prohibited substances or being under the influence of the same. 

JJ. “Use of substance” shall mean situations where there is reasonable suspicion to believe a student has assimilated a prohibited substance or is under the influence of the same while on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, physical mobility, and such other factors which the training of school administrators indicates as being reasonable information of the use of prohibited substances or being under the influence of the same. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology, are reasonable information of the use and possession of prohibited substances or being under the influence of the same. 

Date of Adoption
May 7, 2001
Date of Revision
April 15, 2002
May 5, 2003
March 15, 2004
June 5, 2006
July 9, 2007
June 2, 2008
February 2, 2009
May 18, 2009
May 17, 2010
April 4, 2011
April 16, 2012
April 22, 2013
November 4, 2013
January 6, 2014
April 21, 2014
April 20, 2015
April 18, 2016
April 17, 2017
April 16, 2018
May 6, 2019
April 20, 2020
January 3, 2022
January 9, 2023
August 21, 2023
January 15, 2024
Reaffirmed
January 4, 2021

5400.6.1: Normas de comportamiento de los estudiantes

5400.6.1: Normas de comportamiento de los estudiantes holly Thu, 07/11/2019 - 13:10

Normas de comportamiento de los estudiantes    5400.6

 

  1. Introducción.
    1. Declaración de política. Cada estudiante del Distrito tiene derecho a recibir una educación. Las Normas siguientes se instituyeron para garantizar tal derecho en el contexto de un proceso educativo ordenado y eficaz. Se considera obligatorio que el estudiante y sus padres, por cuenta propia, se familiaricen con estas Normas y ayuden a generar un ambiente propicio para el aprendizaje.
    2. Bases para la exclusión. El estudiante puede ser excluido de la escuela si existe información razonable de que ha cometido cualquiera de los actos prohibidos que se enumeran a continuación mientras estaba en la propiedad del distrito; en un vehículo propiedad de la escuela o que ésta alquilado o contratado para propósitos escolares; en un vehículo conducido por un empleado de la escuela o por una persona designada por ésta; en una actividad o evento deportivo que la escuela haya patrocinado; o en cualquier otro lugar donde las leyes vigentes permitan que el Distrito discipline a los estudiantes por comportarse de modo prohibido.
    3. Exclusión de las instalaciones y las actividades escolares. Un estudiante excluido de la escuela debido a una suspensión, expulsión, o exclusión de emergencia no podrá ingresar a ninguna propiedad del Distrito; ni viajará en un vehículo que sea propiedad del Distrito o que éste rentado o contratado para propósitos escolares; ni en un vehículo conducido por un empleado de la escuela o por persona designada por ésta con propósitos escolares; ni podrá asistir o participar en actividades o eventos deportivos patrocinados por la escuela. Los estudiantes expulsados y estudiantes suspendidos por diez (10) días escolares o más, pueden ingresar a la propiedad del Distrito sólo para asistir a sesiones de educación alternativa en el lugar y la hora que el Director de Servicios Estudiantiles les haya designado.
    4. Duración de las expulsiones. A menos que se especifique de otro modo en estas Normas, la expulsión del estudiante será por el resto del semestre en el cual entro envigar, a menos que el mal comportamiento haya ocurrido en los 10 (diez) días previos al fin del primer semestre del año escolar, en cuyo caso la expulsión se mantendrá en efecto durante el segundo semestre, o en los 10 (diez) días que precedan al final del segundo semestre, situación en que la expulsión estará vigente durante los cursos de verano y el primer semestre del año escolar siguiente. Neb. Rev. Stat. §§79-283(2).
    5. Duración de suspensión.  Si hay insuficientes días escolares en el primer semestre para completar el periodo de suspensión, el periodo de suspensión continuara el segundo semestre.
    6. Notificación a las autoridades legales. El director de la escuela, o su representante designado, notificará tan pronto como sea posible a las autoridades del orden público del condado o la ciudad donde se ubique la escuela, sobre cualquier acto cometido por el estudiante que esté descrito en los Neb. Rev. Stat. §79-267 y que el director, o su representante, sepan o supongan que constituye una infracción del Código Penal del Estado de Nebraska (Nebraska Criminal Code). Neb. Rev. Stat. §§79-262(1) y 293(1).
    7. Sanción que se aplicará. Si no se especifican sanciones mínima y máxima para un acto prohibido específico, se impondrá la sanción recomendada.
    8. La expulsión como sanción. La expulsión se especifica como sanción de un comportamiento dado porque el Consejo de Educación del Distrito (District's Board of Education) considera que el tipo de comportamiento sancionado con la expulsión puede afectar gravemente la salud, la seguridad o el bienestar del estudiante, de otros estudiantes, del personal de la escuela o de otras personas, o que interfiere de alguna manera grave el proceso educativo. Neb. Rev. Stat. §79-262(1).
    9. Estudiantes con discapacidades. Los procedimientos disciplinarios para estudiantes con discapacidades, tal como se definen en la Ley de Educación para Individuos con Discapacidades (Individuals with Disabilities Education Act) y en la Sección 504 de la Ley de Rehabilitación (Rehabilitation Act) de 1973, estarán sujetos a los procedimientos disciplinarios que se establecen en las reglas 5400.2 y 5400.3 del Distrito, así como en las leyes federales y estatales que sean aplicables.
    10. Estudiantes de preescolar a segundo grado.  Los estudiantes de prekínder hasta segundo grado no serán suspendidos de la escuela, y en su lugar dichos estudiantes estarán sujetos a medidas disciplinarias dentro de la escuela como una alternativa a la suspensión. Sin embargo, si un estudiante trae una arma mortal según lo definido en la subinciso IX (G) de esta regla, en las instalación escolares o en un vehículo de propiedad, arrendado o contratado por el Distrito que se utiliza para un propósito escolar o en un vehículo que se conduce para un propósito escolar por un empleado de la escuela o su designado, o a una actividad o evento deportivo patrocinado por la escuela, después el estudiante puede ser suspendido de acuerdo con las Subinciso II(D)(1) a (4) de esta Regla, según sea posible. Neb. LB 705, Sección 60 (2023): Neb. Rev. Stat. § 28-109(7).
    11. Cumplimiento obligatorio. Por este medio, se notifica a los estudiantes y a su(s) padre(s) o tutor(es) que el cumplimiento de la Normas de Comportamiento Estudiantil del Distrito es obligatorio. Es responsabilidad de todos los estudiantes y de su(s) padre(s) o tutor(es) conocer estas Normas.
  1. Infracciones contra otras personas.
    1. Uso de violencia. Uso de violencia, fuerza, coerción, amenazas, intimidación u otras formas de conducta similares, de forma tal que interfiera considerablemente los propósitos de la escuela.
      1. Empujones, empellones o contacto físico relacionados a formas de conducta similares no perjudiciales.
        1. Sanción máxima.  Suspensión de corto plazo.
        2. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
      2. Peleas. Intento mutuo de causarle lesiones a otra persona mediante contacto físico de combate.
        1. Primera Ofensa.
          1. Sanción mínima. Suspensión de corto plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 6º (sexto) grado.
          2. Sanción máxima. Suspensión de largo plazo.
          3. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
          4. Informar a las autoridades de la ley. Se contactará a las autoridades legales si hay lesiones personales sustanciales involucradas, un estudiante o padre involucrado solicita que se haga un reporte a la policía, o un reporte es requerido o solicitado por la policía o el fiscal del condado. Neb. Rev. Stat. §§ 79-262(1) y 293.
        2. Ofensas adicionales.
          1. Sanción mínima. Suspensión de largo plazo.
          2. Sanción máxima. Expulsión.
          3. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
          4. Informar a las autoridades de la ley. Se contactará a las autoridades legales si hay lesiones personales sustanciales involucradas, un estudiante o padre involucrado solicita que se haga un reporte a la policía, o un reporte es requerido o solicitado por la policía o el fiscal del condado. Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.
      1. Agresión física. Inicio de un acto violento contra otra persona mediante contacto físico agresivo.
        1. Sanción mínima. Suspensión de largo plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 6º (sexto) grado.
        2. Sanción máxima. Expulsión.
        3. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
        4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.
    1. Lesiones personales a empleados, voluntarios y estudiantes del Distrito. Lesionar o intentar lesionar a un empleado, a un voluntario o a cualquier estudiante de la escuela. Las lesiones infligidas de modo accidental, en defensa propia o en la creencia razonable de que era necesario actuar para proteger a otra persona, no constituirán una infracción de esta cláusula. Neb. Rev. Stat. §79-267(3) y 283(3).
      1. Sanciones por actos realizados dentro de las instalaciones escolares.
        1. Sanción máxima.  Expulsión por el resto del año escolar si la mala conducta ocurre durante el primer semestre. Si la mala conducta ocurre durante el segundo semestre la expulsión permanecerá en vigor para la escuela del verano y podría permanecer en vigor por el primer semestre del siguiente año escolar. Neb. Rev. Stat. § 79-283 (3).
        2. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure de suspensión o expulsión.
        3. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes si se trata de lesiones personales sustanciales. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§ 79-262(1), 267(3) y 293. 
      2. Sanciones por actos realizados fuera de las instalaciones escolares.
        1. Citación durante el año escolar académico, o que el estudiante reconozca haber infringido el su inciso II (B).

b.             Sanción máxima extracurricular. Restricción de la participación de actividades extracurriculares durante el resto del año si la mala conducta ocurre durante el primer semestre. Si la mala conducta ocurre durante el segundo semestre la restricción de la participación permanecerá en vigor para le escuela de verano y puede permanecer en efecto para el primer semestre del siguiente año escolar.  

    1. Uso de amenazas o intimidación.
      1. Uso de amenazas (verbales y escritas). Todas las amenazas, incluso las realizadas en un supuesto son de broma, se tomarán siempre en serio y estarán sujetas a las medidas disciplinarias siguientes.
        1. Amenaza de nivel uno (Transitorio). Uso de una amenaza como parte de una expresión común o en un contexto en el que el receptor no se siente amenazado, atemorizado ni coaccionado (p.ej., “Oh, podría matarte por eso” o “Te voy a romper la nariz”).
          1. Sanción máxima. Suspensión de corto plazo.
          2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
        2. Amenaza de nivel dos (Serio/Grave Sustancial). Uso de una expresión o amenaza implícita o velada con la intención de intimidar, atemorizar o coaccionar a la otra persona, haciéndolo de tal modo que el receptor se sienta amenazado, atemorizado o coaccionado (p.ej., “Te voy a matar”).
          1. Sanción mínima. Suspensión de corto plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 4º (cuarto) grado.
          2. Sanción máxima. Suspensión de largo plazo.
          3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
          4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. § 28-310; Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.
        3. Amenaza de nivel tres (Muy Serio/Grave Sustancial). Amenazar de muerte o lesión a otra persona o amenazarla con dañar sus bienes, con la posibilidad de lesionarla, sin tener un arma u otro objeto que pudiera matar o lesionar a la persona amenazada o intimidada, así como la descripción que haga el estudiante del modo en que lo hará, incluyendo cualquier amenaza relacionada con el uso de sustancias químicas peligrosas, ataques bioquímicos, bioterrorismo, bombas o cualquier tipo de artefacto explosivo o incendiario.
          1. Sanción mínima. Suspensión de largo plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 4º (cuarto) grado.
          2. Sanción máxima. Expulsión.
          3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
          4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§ 28-310, 311.01 and 907; Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.
        4. Amenaza con un objeto. Amenazar a otra persona con un objeto con aspecto de arma o que pudiera usarse para lesionarla. A fin de clasificarlo como objeto con aspecto de arma, el objeto debe parecerse mucho a un arma real por su tamaño, forma y color, incluso al examinarlo de cerca.
          1. Sanción mínima. Suspensión de largo plazo.
          2. Sanción máxima. Expulsión.
          3. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    1. Armas de fuego, explosivos y otras armas.
        1. Armas de fuego etc. Poseer, manipulación, entregar, uso, con intimidación o amenazar con arma de fuego, explosivos, o depósitos destructivos. Para el propósito de esta su inciso II (D) (1), arma de fuego es cualquier arma, incluso un arma de arranque, que cual será o es diseñada para o se puede convertir fácilmente para lanzar un proyectil por la acción de un explosivo, o el marco o el receptor de tal arma, o cualquier silenciador de arma o silenciador de arma de fuego, o cualquier aparato destructivo. Dicho término no incluye un arma de fuego antigua.

 

a.             Sanciones por actos realizados dentro de las instalaciones escolares.

          1. Sanción mínima. Expulsión obligatoria por un (1) año.
          2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.
          3. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-1202 a 1204.04, 1215, 1216 y: 1220 Neb. Rev. Stat. §§ 79-262(1), 267(5) y 293.

b.             Sanciones por actos realizados fuera de las instalaciones escolares.

          1. Citatorio por posesión ilegal de un arma durante el año escolar académico, o que el estudiante reconozca que ha infringido el inciso II (D).
          2. Sanción extracurricular. Restricción de la participación en actividades extracurriculares por un (1) año.

2.             Uso y posesión de Armas Peligrosas. Uso, intimidando con, amenazando con, la manipulación, transmisión haber estado en posesión de una o en el vehículo de uno de cualquier arma peligrosa, incluyendo, pero no limitado a arma paralizante (stun gun) pistola de bolas de pintura, pistola de descarga eléctrica, pistola de aire, pistola de balines, pistola o el diábolo.  

a.             Sanciones por actos realizados dentro de las instalaciones escolares.

(1)           Sanción mínima. Expulsión de 20 días.

(2)           Sanción máxima. Expulsión por un (1) año.

(3)           Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.

(4)           Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-1202 a 1204.04; Neb. Rev. Stat. §§ 79-262(1), 267(5) y 293.

b.             Sanciones por actos realizados fuera de las instalaciones escolares.

(1)           Citación por posesión ilegal de un arma durante el año escolar académico o el estudiante reconoce que él o ella han violado el inciso II (D).

(2)           Sanción mínima extracurricular.  Restricción de la participación en actividades extracurriculares por veinte (20) días.

(3)           Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares por un (1) año.

      1. Otras armas peligrosas. Usar o amenazar con navaja, estrella arrojadiza, manopla, sustancias químicas (como gas lacrimógeno, aerosol de chile y blanqueador) o cualquier otro objeto que se pueda usar para lesionar a una persona.      
        1. Sanciones por actos realizados dentro de las instalaciones escolares.
          1. Sanción mínima. Suspensión a largo plazo.
          2. Sanción máxima. Expulsión por el resto del año escolar si la mala conducta ocurre durante el primer semestre. Si la conducta mala ocurre durante el segundo semestre la expulsión permanecerá en vigor para la escuela del verano y podría permanecer en vigor por el primer semestre del siguiente año escolar. Neb. Rev. Stat. . §§ 79-283 (3).
          3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
          4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-1202 a 1204.04; Neb. Rev. Stat. §§ 79-262(1), 267(5) y 293.
        2. Sanciones por actos realizados fuera de las instalaciones escolares.
          1. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido la inciso II (D).
          2. Sanción mínima extracurricular.  Restricción de la participación en actividades extracurriculares por seis (6) días.
          3. Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del año si la mala conducta ocurre durante el primer semestre. Si la mala conducta ocurre durante el segundo semestre la restricción de la participación permanecerá en vigor para le escuela de verano y puede permanecer en efecto para el primer semestre del siguiente año escolar.
      2. Posesión de ciertos objetos prohibidos. Poseer, manejar o entregar intencionadamente navajas, estrellas arrojadizas, manoplas u otros objetos no mencionados antes, pero que pudieran causar lesiones.
        1. Sanción mínima. Suspensión de corto plazo.
        2. Sanción máxima. Expulsión.
        3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      3. Posesión de un objeto con aspecto de arma.  Con conocimiento, tener posesión de un objeto con aspecto de arma. El objeto debe parecerse mucho a un arma real por su tamaño, forma y color, incluso al examinarlo de cerca.
        1. Sanción mínima.
        2. Sanción máxima. Suspensión de largo plazo.
        3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
      4. Excepción para ciertas armas de fuego. La subinciso II(D) no se aplicará a:
        1. La encomienda o posesión de armas de fuego por miembros del Cuerpo de Adiestramiento de Oficiales de la Reserva (Reserve Officers Training Corps), cuando estén en adiestramiento;
        2. La posesión legal de armas de fuego por una persona en instrucción bajo la supervisión inmediata de un instructor adulto autorizado para poseer legalmente armas de fuego; o
        3. Las armas de fuego y pistolas que estén en posesión legal y se usen fuera de las instalaciones escolares y de modo ajeno a cualquier función, actividad o evento escolar.

E.            Extorsión. Amenazar o intimidar a cualquier estudiante con el propósito o la intención de obtener dinero o cualquier cosa de valor de dicho estudiante.

1.             Sanción máxima. Expulsión.

2.             Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o la expulsión.

F.             Agresión sexual o intento de agresión sexual. Toda agresión sexual o intento de agresión sexual a cualquier persona. El término agresión sexual se interpretará como agresión sexual en primero o segundo grados, tal como se definen en la sección IX (EE) de esta regla y en las Neb. Rev. Stat. §§28-319 y 320 o agresión sexual a un(a) niño(a) en primero, segundo o tercer grados, tal como se definen en la sección IX (EE) de esta regla y en las Neb. Rev. Stat. §§ 28-319.01 y 320.01. Neb. Rev. Stat. §79-267(9).

1.             Sanciones por actos realizados dentro de las instalaciones escolares.

a.             Sanción mínima. Expulsión obligatoria por un (1) año y posiblemente reasignación al regreso.

b.             Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dura la expulsión.

b.             Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-319 a 320.01; Neb. Rev. Stat. §§79-262(1), 267(9) y 293.

2.             Sanciones por actos realizados fuera de las instalaciones escolares.

        1. Sanción mínima. Restricción de las actividades extracurriculares por un (1) año.
        1. Sanción máxima. Expulsión por un (1) año. Un fiscal deberá haber presentado, ante tribunal de jurisdicción competente, una denuncia en la cual se alegue que el estudiante agredió o intentó agredir sexualmente a cualquier persona fuera de las instalaciones escolares y de modo ajeno a cualquier función, actividad o evento escolar, y que la presencia del estudiante en la escuela afecta de modo directo e inmediato la preservación de la disciplina, el orden o la seguridad en la escuela. Neb. Rev. Stat. §79-267(9).
        2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dura la expulsión.

G.            Contacto sexual. Tocar intencionalmente las partes íntimas o sexuales de otra persona, o tocar de modo intencional la ropa que cubre el área inmediata de las partes íntimas o sexuales de otra persona, sin el consentimiento de la misma. También se entiende como contacto sexual el que la otra persona toque, sin su consentimiento, las partes íntimas o sexuales del actor, o la ropa que cubre el área inmediata a las partes sexuales o íntimas del actor, cuando dicho contacto sea provocado de manera intencional por el actor. El contacto sexual deberá ser tal, que se pueda interpretar razonablemente como un acto encaminado a causar excitación o gratificación sexual en cualquiera de los participantes. Neb. Rev. Stat. §§28-318(5) y 320.

      1. Sanciones por actos realizados dentro de las instalaciones escolares.
        1. Sanción mínima. Suspensión de corto plazo.
        2. Sanción máxima. Expulsión.
        3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
        4. Informar a las autoridades de la ley. Se debe informar a las autoridades legales a solicitud expresa de la parte ofendida. Neb. Rev. Stat. §§79-262(1) y 293.
      2. Sanciones por actos realizados fuera de las instalaciones escolares.
        1. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido la inciso II (G).
        2. Sanción mínima extracurricular.  Restricción de la participación en actividades extracurriculares por hasta cinco (5) días.
        3. Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.
    1. Acoso sexual. Actividad de naturaleza sexual no deseada o no bienvenida, que interfiera o trastorne considerablemente el proceso educativo. Esto puede incluir, entre otras cosas, contactos, pellizcos, palmadas, comentarios verbales de naturaleza sexual, apodos sexuales, presión para participar en actividades sexuales, proposiciones repetidas, mensajes escritos, notas, caricaturas o grafiti de naturaleza sexual, así como el contacto corporal no deseado.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    1. Acoso. Todo acto, palabra, representación simbólica o comportamiento intencionalmente hiriente, humillante o irrespetuoso que uno o más estudiantes usen contra otro estudiante, estudiantes o miembro(s) del personal que trastorne el proceso educativo. Esto incluye, entre otros, actos verbales, físicos, visuales o gráficos, como el uso de apodos, burlas, mofas, difamaciones, humillaciones, calumnias, tomadas de pelo y hostigamientos, así como hacer comentarios despectivos, bromas humillantes, y dibujos o notas desdeñosos.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    2. Intimidación. Todo acto continuado verbal, escrito, gráfico, demostrativo, electrónico o físico que sea intencionalmente hostil u ofensivo usado por un estudiante o estudiante(s) contra otro estudiante o estudiante(s) y que tenga como propósito ejercer dominio sobre otro estudiante mediante el acto de amedrentarlo, atemorizarlo, oprimirlo, contraatacar o controlarlo, y que además trastorne el proceso educativo, así como cualquier patrón continuo de abuso físico, verbal o electrónico en la propiedad del Distrito, en un vehículo que sea propiedad del Distrito o que éste haya arrendado o contratado para propósitos escolares, en un vehículo conducido con propósitos escolares por un empleado de la escuela o una persona designada por éste, o en una actividad patrocinado por escuela o evento deportivo, o cualquier otro lugar donde la legislación aplicable permita al Distrito disciplinar a estudiantes para conducta prohibida.  Esto incluye, sin limitarse a ello, actividades verbales, gráficas o escritas, como apodos, burlas, chantajes, incitaciones a pelear, intimidaciones, amenazantes y actos físicos como darse codazos, bloquearse o impedirse el paso, perseguirse, tirarse del cabello, fintar golpes, darse empellones intencionales, ponerse zancadillas y dañarse la ropa.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    3. Novatadas. Toda actividad en la que una persona arriesgue intencional e imprudentemente la salud o la seguridad física o mental de otro individuo con propósitos de iniciación, admisión, afiliación o refrendo de membrecía o derecho de participación en cualquier grupo o actividad. Tales actividades incluyen, entre otras, las siguientes: azotes; golpizas; marcas en el cuerpo; ejercicios calisténicos forzados y prolongados; exposición prolongada a los elementos; consumo forzado de cualquier alimento, licor, bebida, droga o sustancia dañina que no esté destinada, en general, al consumo humano; privación prolongada del sueño; acoso consistente en exigir trabajos innecesarios o desagradables, bromas, ridiculizaciones o críticas; así como el trato brutal o la realización de cualquier acto ilegal que ponga en riesgo la salud o la seguridad mental o física de cualquier persona. El consentimiento de la novatada por parte del (o los) estudiante(s) no será válida como argumento de defensa.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.
  1. Infracciones contra la salud y la seguridad públicas.
    1. Posesión de alcohol u otras drogas. Posesión o uso de cualquier narcótico ilegal, sustancia controlada, marihuana, sustancia que modifique el estado de ánimo o altere el comportamiento, o sustancia de aspecto similar, posesión o uso de un medicamento de venta exclusiva con receta por parte de un estudiante al que no se le recetó dicho medicamento; o posesión o uso de parafernalia para el consumo de drogas ilegales. Posesión o uso de alcohol o cualquier bebida o licor apto para consumo humano que contenga alcohol.
      1. Sanciones por actos realizados dentro de las instalaciones escolares.
        1. Primera ofensa. Suspensión por diecinueve (19) días escolares. Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la suspensión y la reducción en actividades extracurriculares hasta por un máximo de 9 (nueve) días escolares (lo que da por resultado un total de 10 (diez) días escolares de suspensión y reducción de las actividades extracurriculares).
        2. Ofensas adicionales. Expulsión obligatoria. Las infracciones previas de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.
        3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
        4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-416, 53-180 y 180.0; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.
      2. Sanciones por actos realizados fuera de las instalaciones escolares.
        1. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido el subinciso III(A).
          1. Primera ofensa. Restricción de la participación de actividades extracurriculares por diecinueve (19) días escolares.  Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la no participación en actividades extracurriculares hasta por un máximo de nueve (9) días hábiles (lo que da por resultado un total de diez (10) días de no participar efectivamente en actividades extracurriculares).
              1. Estudiantes que se auto-reportan a un administrador de edificio o entrenador o un patrocinador de actividad extracurricular, que él o ella ha infringido la inciso III(A), por renunciar sus propia violación en la mañana del próximo día escolar después de la violación, o si el próximo día después de la violación no es un día escolar pero practicas extracurriculares, actividades, o juegos son llevados a cabo y el estudiante se auto-reporta antes que los juegos comiencen a un administrado de edificio o un entrenador o un patrocinador de juegos de actividades extracurriculares, entonces la restricción de la participación de actividades extracurriculares será reducida a diecisiete (17) días con una posible reducción a ocho (8) días en cuanto un programa de reducción de suspensión aprobado por el Distrito sea completado.
          2. Ofensas adicionales.  Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) dentro o fuera de las instalaciones escolares serán incluidas como ofensas previas.
              1. Sanción extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.
    2. Distribución de alcohol u otras drogas. Distribución o intento de distribuir a o recibir o el intento de recibir de otras personas alcohol o cualquier narcótico ilegal, sustancia controlada, marihuana, sustancia de aspecto similar, sustancia que altere el estado de ánimo o modifique el comportamiento, o alcohol.
      1. Sanciones por actos realizados dentro de las instalaciones escolares.
        1. Sanción mínima. Expulsión obligatoria.
        2. Sanción máxima. Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.
        3. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-416, 53-180 y 180.02; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.
      2. Sanciones por actos realizados fuera de las instalaciones escolares.
        1. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido el inciso III (B).
        2. Sanción extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.
    3. Posesión, uso y transporte de medicamentos. La posesión, uso y transporte de medicamentos de venta exclusiva con receta y medicamentos de venta libre se hará conforme a las reglas siguientes.
      1. Posesión de medicamentos (Escuela preescolar y primaria). Se prohíbe la posesión de medicamentos de venta exclusiva con receta o medicamentos de venta libre, en las instalaciones escolares o durante el transporte hacia y desde la escuela. Los alumnos de nivel básico pueden poseer y usar tabletas de glucosa e inhaladores conforme a lo establecido en la Regla 5600.2.

Primera ofensa.

          1. Sanción mínima. Suspensión de corto plazo.
          2. Suspensión extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
        1. Ofensas adicionales.
          1. Sanción máxima. Expulsión.  Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.
          2. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión
      1. Posesión de medicamentos (Escuela intermedia/secundaria). Se prohíbe la posesión de medicamentos de venta exclusiva con receta o medicamentos sin receta, en las instalaciones escolares o durante el transporte hacia y desde la escuela. Los alumnos de la secundaria pueden transportar medicamentos sin receta durante el transporte hacia y desde la escuela, pero deberán entregarlos a la enfermera en cuanto lleguen a la escuela. Los alumnos de secundaria pueden poseer y usar tabletas de glucosa e inhaladores conforme a lo establecido en la Regla 5600.2
        1. Primera ofensa.
          1. Sanción mínima. Suspensión de corto plazo.
          2. Sanción máxima. Suspensión por diecinueve (19) días escolares.  Los padres pueden elegir, por su propia cuenta, participar en un programa aprobado por el Distrito de reducción de la suspensión.  La finalización exitosa de este programa podría reducir la suspensión y limitación de la participación en actividades extracurriculares por un máximo de (9) nueve días escolares (resultando en (10) diez días escolares de suspensión y reducción de la participación en las actividades extracurriculares).
          3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
        2. Ofensas adicionales.
          1. Sanción Máxima. Expulsión.    Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.
          2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      2. Posesión de medicamentos (Escuela preparatoria). Se prohíbe la posesión de medicamentos de venta exclusiva con receta. Los estudiantes de nivel medio superior pueden poseer medicamentos de venta libre, pero no pueden estar en posesión de medicamentos de venta exclusiva con receta, excepto durante el transporte de los mismos hacia y desde la escuela. Deberán entregar los medicamentos de venta exclusiva con receta a la enfermera en cuanto lleguen a la escuela. Los estudiantes de nivel medio superior pueden poseer y usar tabletas de glucosa e inhaladores, conforme a lo dispuesto en la Regla 5600.2.
        1. Primera ofensa.
          1. Sanción máxima. Suspensión por diecinueve (19) días escolares.  Los padres pueden elegir, por su propia cuenta, participar en un programa aprobado por el Distrito de reducción de la suspensión.  La finalización exitosa de este programa podría reducir la suspensión y la limitación de la participación en actividades extracurriculares por un máximo de (9) nueve días escolares (resultando en (10) diez días escolares de suspensión y reducción de la participación en las actividades extracurriculares).
          2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
        2. Ofensas adicionales.
          1. Sanción Máxima. Expulsión.    Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.
          2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.
    1. Distribución de medicamentos de venta exclusiva con receta. Distribución o intento de distribuir o recibir o el intento de recibir medicamentos de venta exclusiva con receta a cualquier otra persona.
      1. Sanción mínima.  Suspensión de largo plazo.
      2. Sanción máxima.  Expulsión
      3. Ofensas Adicionales.
        1. Sanción mínima.  Expulsión.
      4. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      5. Informar a las autoridades de la ley.  Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §28-416; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.
    2. Distribución de medicamentos de venta libre. Distribución o intento de distribución o recibir o el recibo intentado de medicamentos de venta libre a cualquier otra persona.
      1. Primera ofensa. Suspensión de corto plazo.
      2. Ofensas Adicionales.
        1. Sanción mínima. Suspensión de largo plazo.
        2. Sanción máxima. Expulsión.
      3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    1. Estar bajo la influencia del alcohol u otras drogas. Estado de ebriedad o intoxicación por el uso de alcohol o cualquier narcótico ilegal, sustancia controlada, marihuana, medicamento de venta exclusiva con receta, en un estudiante al que no se le recetó dicho medicamento o sustancia modificadora del estado de ánimo o el comportamiento.
      1. Sanciones por actos realizados dentro de las instalaciones escolares.
        1. Primera ofensa. Suspensión por diecinueve (19) días escolares. Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la suspensión y participación en actividades extracurriculares hasta por un máximo de nueve (9) días escolares (lo que da por resultado un total de diez (10) días escolares de suspensión y reducción de actividades extracurriculares).
        2. Ofensas Adicionales. Expulsión obligatoria. Las infracciones previas de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.
        3. Sanción extracurricular.  Suspensión de las actividades extracurriculares durante el tiempo de la suspensión o expulsión.
        4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §53-180.02; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.
      2. Sanciones por actos realizados fuera de las instalaciones escolares.
        1. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido el inciso III (F).
          1. Primera ofensa. Restricción de la participación de actividades extracurriculares por diecinueve (19) días escolares.  Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la participación en actividades extracurriculares hasta por un máximo de nueve (9) días escolares (lo que da por resultado un total de diez (10) días de no participación efectiva en actividades extracurriculares).
            1. Estudiantes que se renuncian a un administrador de edificio o entrenador o un patrocinador de actividad extracurricular, que él o ella ha infringido el inciso III(A), por renunciar su propia violación en la mañana del próximo día escolar después de la violación, o si el próximo día después de la violación no es un día escolar pero prácticas extracurriculares, actividades, o juegos son llevados a cabo y el estudiante se renuncia antes que los juegos comiencen a un administrado de edificio o un entrenado o un patrocinador de actividades extracurriculares, entonces la restricción de la participación de actividades extracurriculares será reducida a diecisiete (17) días con una posible reducción a ocho (8) días en cuanto un programa de reducción de suspensión aprobado por el Distrito sea completado.
          2. Ofensas Adicionales. Las infracciones anteriores de los incisos I(A), (B), (C), (D), o (F) dentro o fuera de las instalaciones escolares serán incluidas como ofensas previas.
            1. Sanción extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.
    2. Exposición a líquidos y secreciones corporales. Escupir, arrojar, embarrar o impregnar de líquidos y secreciones corporales de cualquier otra manera, a otro estudiante o empleado de la escuela, con el propósito de infectar, provocar, humillar o intimidar a dicha persona.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    1. Tabaco y productos de E-Cigarrillo. Posesión o uso de productos de tabaco o productos del tipo e-cigarrillo.
      1. Primera ofensa.  Suspensión por tres (3) días escolares. Los estudiantes, pueden elegir a completar el módulo de educación de reducción de suspensión aprobado por el Distrito. Al completar con éxito el módulo se reducirá la suspensión y la reducción de las actividades extracurriculares en un máximo de un (1) día escolar.
      2. Sanción máxima.  Suspensión de largo plazo.
      3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
    2. Posesión o uso de fuegos artificiales.  La posesión o uso de fuego artificiales de cualquier descripción.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
  1. Infracciones contra el pudor y los buenos principios.
    1. Exposición pública indecente. Comportamiento cuyo resultado sea la exposición pública indecente (vea la definición). Este subinciso sólo está vigente para estudiantes de quinto (5º) grado en adelante. Neb. Rev. Stat. §79-267(7).
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    2. Irreverencias y obscenidades. Uso de un lenguaje verbal, escrito o electrónico, comunicaciones, imagines, fotos, videos, imagines digitales, dibujos o materiales de cualquier tipo que sean razonablemente ofensivo o repulsivo para la persona que lo escuche, ve o recibe lo mismo y que trastorne el proceso educativo.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    3. Pornografía. Cualquier imagen, foto, video, imagen digital, dibujo o materiales de cualquier tipo que en el juicio razonable de los administradores de la escuela constituyen pornografía infantil, pornografía o material obsceno según Neb. Rev. Stat. §§ 28-807, 808, 1463.02 o 1463.03, independientemente de que una citación sea emitida o no por un oficial de la ley o una autoridad procesadora.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    4. Expresiones y/o simbolismos despectivos. Uso de expresiones verbales o acciones simbólicas despectivas o humillantes, sean del tipo que sean, incluyendo, entre otras, cualquier ademán o expresión que tenga por objeto menospreciar, humillar o ridiculizar a otro estudiante o empleado de la escuela.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    5. Organizaciones secretas y/o pandillas. Está prohibida la participación o membrecía en cualquier fraternidad, hermandad femenina, club, asociación u organización de carácter secreto. Se prohíbe, asimismo, el uso de cualquier anillo, broche o insignia asociados con tal organización secreta. Las organizaciones o pandillas que inicien, apoyen o promuevan violencia, consumo de drogas o alcohol, sexo, actos delictivos o cualquier actividad que trastorne el ambiente escolar o ponga en riesgo la seguridad o el bienestar de las personas o propiedad, y que se identifican por el uso de un nombre, el territorio geográfico, así como los arreglos personales o lenguajes marcadamente distintivos, alteran y entorpecen sustancialmente el ambiente educativo y, por lo tanto, están igualmente prohibidos. Asimismo, el uso de ademanes, grafiti o cualquier prenda, joya, accesorio o manera de arreglarse que, en virtud de su color, disposición, marca registrada, símbolos u otros atributos, indiquen o impliquen la membrecía o afiliación a tales grupos, trastorna e interfiere sustancialmente el ambiente educativo y, por lo mismo, están prohibidos.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
  1. Infracciones contra la propiedad ajena.
    1. Daños a propiedad ajena. Dañar o intentar dañar intencionalmente bienes de propiedad ajena o participar en un comportamiento que resulta en daño a la propiedad ajena por negligencia, o repetidos daños a la propiedad ajena. Esto incluye los bienes que la escuela le preste al estudiante y éste dañe. En relación con los bienes dañados, el (o los) padres(s) o tutor(es) del estudiante serán responsables de los daños que éste les cause a los bienes de la escuela. Neb. Rev. Stat. §79-267(2).
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales correspondientes cuando el valor de los bienes sea de quinientos dólares ($500.00) o más. Neb. Rev. Stat. §28-519; Neb. Rev. Stat. §§79-262(1), 267(2) y 293.
    2. Robo y/o latrocinio. Robar o intentar robar bienes ajenos, o robarlos de modo reiterado. Esto incluye los bienes que la escuela le haya prestado al estudiante y que éste no devuelva a solicitud expresa de un empleado escolar autorizado, cuando no exista una justificación razonable para negar la devolución de los mismos. Neb. Rev. Stat. §79-267(2).
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales correspondientes cuando el valor de los bienes sea de quinientos dólares ($500.00) o más. Neb. Rev. Stat. §§28-511 y 518; Neb. Rev. Stat. §§79-262(1), 267(2) y 293.
      4. Sanciones por actos realizados fuera de las instalaciones escolares. Los actos de latrocinio y el robo de casas constituyen delitos graves cuando el estudiante ya recibió un citatorio, emitido por autoridad del orden público en relación con la ofensa a la cual se refiere esta subinciso, o si el estudiante ha reconocido previamente que infringió el inciso V (B).
        1. Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.
    3. Incendio provocado o falsa alarma de incendio. Provocar intencionalmente un incendio. Uso de cualquier agente inflamable para provocar o intentar provocar un incendio. Dar o provocar en forma intencional una falsa alarma de incendio. Neb. Rev. Stat. §§28-502 a 504 y 907; Neb. Rev. Stat. §79-267(10).
      1. Sanción mínima. Suspensión de corto plazo.
      2. Sanción máxima. Expulsión.
      3. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión. 
      4. Informar a las autoridades de la ley. Se dará parte a las autoridades legales si se sospecha que el incendio fue provocado con intenciones delictivas. Neb. Rev. Stat. §§28-502 a 504 y 907; Neb. Rev. Stat. §§79-262(1), 267(10) y 293.
    4. Alarmas o informes falsos. Dar de manera intencional alarmas o informes falsos, así como proporcionar datos o hacer declaraciones o comunicados con falsedad, sea en forma verbal, escrita o electrónica, respecto a la existencia de bombas, dispositivos, armas, armas de fuego, sustancias químicas peligrosas o dispositivos bioquímicos o terroristas; respecto a la intención de alguna persona de matar, lesionar o intimidar a cualquier individuo o de usar, tener, o de traer a la propiedad del distrito o a cualquier actividad o evento del distrito bombas, dispositivos o armas explosivas o armas, armas de fuego, sustancias químicas peligrosas o dispositivos bioquímicos o terroristas; o respecto a la necesidad de servicios o procedimientos médicos, policiacos o de emergencia. Neb. Rev. Stat. §§28-907 y 1221; Neb. Rev. Stat. §79-267(10).
      1. Sanción mínima. Suspensión de corto plazo.
      2. Sanción máxima. Expulsión.
      3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-907 y 1221; Neb. Rev. Stat. §§79-262(1), 267(10) y 293.
    1. El mal uso de la tecnología. Uso directo o indirecto de dispositivos tecnológicos personales. Las computadoras del Distrito, redes de computadoras o sistemas de cómputo del Distrito, para enviar mensajes ofensivos, personales, comerciales y/o religiosos, así como el uso o acceso no autorizado dispositivos tecnológicos personales, computadoras del Distrito, redes de computadoras o sistema de cómputo del Distrito cuando se infrinjan las normas del Distrito o las leyes estatales o federales vigentes. Neb. Rev. Stat. §§28-1341 a 1348; Neb. Rev. Stat. §79-267(10).
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
      3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales si el acto constituye un delito grave. Neb. Rev. Stat. §§28-1341 a 1348; Neb. Rev. Stat. §§79262(1), -267(10) y 293.
    2. Intrusión.  Entrar o permanecer secretamente en cualquier edificio del distrito o en cualquier propiedad o instalación del distrito, o cualquier parte asegurada por separado, sin autorización. Neb. Rev. Stat. §28-520(1)(a); Neb. Rev. Stat. §§79-267(10) and 293.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.  
      3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales Neb. Rev. Stat. §28-520(1)(a); Neb. Rev. Stat. §§79-267(10) y 293.
  1. Infracciones contra la administración de la escuela.
    1. Retraso/ Ausentismo escolar. Ausentarse de la escuela sin autorización. Neb. Rev. Stat. §§79-201 y 209.
      1. Sanción máxima. Suspensión de corto plazo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
    2. Juegos de azar. Participar en cualquier juego de azar por dinero u otras apuestas. Neb. Rev. Stat. §79-267(10).
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    3. Deshonestidad. Cualquier acto deshonesto que interfiera el proceso educativo.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    4. Violación al código de vestimenta.  Incumplimiento con el código de vestimenta establecido por el edificio.
      1. Sanción máxima.  Suspensión de plazo largo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    5. Falla de informar.  Incumplimiento con la consecuencia disciplinaria asignada.
      1. Sanción máxima.  Suspensión de plazo largo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    6. Incumplimiento.  Incumplimiento de las normas establecidas y procedimientos del edificio.
      1. Sanción máxima.  Suspensión de plazo largo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    7. Violación del campus abierto/ área no autorizada.  Violación de las normas establecidas del campus abierto y/o estar en una localidad no autorizada sin permiso.
      1. Sanción máxima.  Suspensión de plazo largo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    8. Fraude en exámenes y/o plagio. Resolución fraudulenta de exámenes, incluyendo los exámenes de Resultados básicos del aprendizaje (ELO, por sus siglas en inglés). Plagio de proyectos, lo que incluye, sin limitarse a ello, informes, ensayos de investigación y carpetas de trabajos.
      1. Sanción máxima. Suspensión de largo plazo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
    9. Insubordinación/Desafío/No-Cumplimento. Falta de respeto, desafío a la autoridad o renuencia a obedecer las peticiones o instrucciones de maestros, funcionarios u otros empleados de la escuela.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    10. Comportamiento revoltoso. Formas de comportamiento o posesión de objetos que obstaculicen o trastornen sustancialmente el trabajo en clases, las actividades escolares o el proceso educativo.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    11. Artículos molestos. Todo artículo en posesión de un estudiante que resulte suficientemente fastidioso, ofensivo, desagradable o repugnante para los demás y/o que interrumpa o interfiera sustancialmente el proceso educativo. Tales artículos pueden incluir, pero no son limitados a todos los dispositivos electrónicos.
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.
    12. Actividades ilícitas. Participar en cualquier actividad ilícita no mencionada específicamente en este documento, pero que constituya un peligro para los otros estudiantes o el personal escolar, o que interfiera los fines o el proceso educativo de la escuela. Neb. Rev. Stat. §79-267(10).
      1. Sanción máxima. Expulsión.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión expulsión.
    13. Quejas falsas. Hacer falsas acusaciones o quejas contra cualquier estudiante o empleado.
      1. Sanción máxima. Suspensión de largo plazo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
    14. Identificación del estudiante. La falta de un estudiante de la preparatoria de presentar la tarjeta de identificación de estudiante aprobada por la escuela a solicitud de un miembro del personal de Distrito mientras se encuentre en una propiedad del Distrito, en un vehículo de propiedad, arrendado o contratado por una escuela que se utiliza para un propósito escolar o en un vehículo conducido para un propósito escolar por un empleado de la escuela o por su designado, o una actividad patrocinada por la escuela o un evento atlético, o en cualquier otro lugar donde la ley vigente permita que el Distrito discipline a los estudiantes por conducta prohibida.
      1. Sanción máxima. Suspensión de corto plazo.
      2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.
  1. Ofensas reiteradas o series de conductas prohibidas.
    1. Dos (2) o más infracciones por conductas prohibidas o la infracción de dos (2) o más de los actos prohibidos que se mencionan en este reglamento durante el nivel actual del edificio, ya que constituyen una interferencia sustancial de los propósitos de la escuela. Neb. Rev. Stat. §79-267(11).
      1. Sanción. A menos que se especifique de otra manera, el comportamiento prohibido que de lo contrario es sujeto a una suspensión de corto plazo, podría ser sujeto a una suspensión de largo plazo; el comportamiento prohibido que de lo contrario es sujeto a una suspensión de largo plazo podría ser sujeto a una expulsión; el comportamiento prohibido inicialmente sujeto a una expulsión, podría ser sujeto a la expulsión nuevamente.
  2. Restricción en actividades extracurriculares.
    1. Declaración general. Cuando sea razonablemente necesario para ayudar al estudiante, facilitar los fines de la escuela o prevenir la interferencia del proceso educativo, el Distrito restringirá la participación del estudiante en las actividades extracurriculares del Distrito. No se permitirá que los estudiantes estén en las instalaciones del Distrito, ni que participen o asistan a las actividades extracurriculares que patrocine el Distrito durante el período que estén excluidos de la escuela por razones disciplinarias. Además, a los estudiantes puede negárseles la participación en actividades extracurriculares por comportarse de manera indebida fuera de las instalaciones escolares o sin estar en funciones, actividades o eventos. La restricción también puede ocurrir fuera del año escolar académico si la mala conducta se lleva a cabo en la propiedad del Distrito o durante una actividad patrocinado por la escuela de conformidad con las disposiciones de esta sección.
    2. Período de inelegibilidad por mal comportamiento dentro de las instalaciones escolares.
      1. Período de inelegibilidad. Durante cualquier período en que un estudiante esté excluido de la escuela debido a una suspensión de corto plazo, suspensión de largo plazo, expulsión o exclusión de emergencia por faltas cometidas en la propiedad del Distrito; en un vehículo que sea propiedad de la escuela o que ésta haya arrendado o contratado para propósitos escolares; en un vehículo conducido con fines escolares por un empleado de la escuela o persona designada por éste; en una actividad o evento deportivo que la escuela patrocine; o en cualquier otro sitio donde las leyes vigentes permita que el Distrito discipline a los estudiantes por comportamiento prohibido, el estudiante así excluido será inelegible para participar en actividades extracurriculares durante todo el período de exclusión de la escuela y, además, se le prohibirá el acceso a los inmuebles propiedad del Distrito, así como la asistencia a los eventos extracurriculares que patrocine el Distrito durante el período de su exclusión de la escuela.
    1. Período de inelegibilidad/suspensión por conducta fuera de las instalaciones escolares.
      1. Periodo de inelegibilidad/suspensión.  La conducta prohibida en/contenida en la Sección II (B), (D), (F) y (G), III (A), (B) y (F), y V (B) de esta norma,  someterá el estudiante al periodo de inelegibilidad/suspensión para actividades extracurriculares en estos proporcionados para la conducta ocurrida fuera de las instalaciones escolares y no en un evento escolar durante el año académico escolar.
    2. Eventos del Distrito durante el período de inelegibilidad. Los estudiantes que sean inelegibles para participar en actividades extracurriculares también tendrán prohibido asistir a cualquier evento extracurricular que patrocine el Distrito durante el período de inelegibilidad.
    3. Vigencia en el semestre siguiente, si fuera necesaria. El período de inelegibilidad seguirá en efecto durante el semestre siguiente (incluso el año escolar siguiente) si al semestre actual no le restan días hábiles suficientes para completar el período de inelegibilidad.
    4. Conmutación extracurricular. El Superintendente, o quien éste designe, pueden reducir los castigos asignados bajo esta sección si se concluye satisfactoriamente la asesoría, el servicio comunitario o las otras alternativas a la no participación establecida por el Distrito. El Distrito, a su sola discreción, determinará si el estudiante es elegible para la conmutación, y dirá qué tipo de asesoría, servicio comunitario u otras alternativas a no participar deberá concluir satisfactoriamente para tener derecho a la conmutación. El estudiante o su(s) padre(s) o tutor(es) cubrirán todos los costos relacionados con la asesoría, el servicio comunitario o las otras alternativas de no participar.
    5. Fecha de entrada en vigencia. La fecha de entrada en vigencia de no participar en actividades extracurriculares será aquélla en que el director, o quien éste designe, hagan al estudiante la notificación verbal o escrita de los cargos, pero el director no emitirá una carta de no participación sino hasta que haya reconocimiento por parte del estudiante, decisión de un tribunal o un citatorio.

IX. DEFINICIONES.        

  1. “El año escolar académico” se refiere al tiempo que los estudiantes están en la escuela durante los días y horas establecidos por el calendario escolar y aprobado por la Junta Educativa, incluye la escuela de verano.

 

  1. “Bebida alcohólica” se refiere cualquier sustancia sujeta a la jurisdicción de la Comisión de Vinos y Licores de Nebraska (Nebraska Liquor Commission).

 

  1. “Citatorio” se refiere a una queja por escrito, un mandato, una citación, un requerimiento de aparecer, una multa, una forma de citación uniforme, un decreto, un aviso, una orden judicial, una formulación de cargos, una información, u otro proceso legal emitido por un oficial de la ley o las autoridades judiciales, cuales carga al estudiante con cometiendo una ofensa contra la ley, sin importar si es entregado directamente al estudiante o los padres o guardianes, o remitido a un licenciado federal, estatal, del condado, o del municipio, un fiscal, o autoridad judicial.

 

  1. “Sustancia controlada” se refiere a opiatos, derivados del opio, depresivos, estimulantes, y las sustancias y derivados que se definen en Neb. Rev. Stat. §28-401(4), lo que incluye, sin limitarse a ello, estimulantes (uppers), depresivos (downers), barbitúricos, anfetaminas, LSD, heroína, hachís, sustancias alucinógenas, cocaína y sustancias como el pegamento, siempre y cuando el estudiante use tales sustancias con el fin de alterar su estado de ánimo o su comportamiento, y que no las tome con fines médicos (p.ej., esteroides).

 

  1. “El nivel actual del edificio” significa el nivel educacional actual en cual el estudiante está matriculado (p. ej., los grados 9-12 son el nivel medio superior del edificio, los grados 6-8 son el nivel medio del edificio y los grados K-5 son el nivel básico del edificio).

 

  1. “No participación en actividades extracurriculares” significa que el estudiante es inelegible para participar en actividades extracurriculares o asistir a ellas. Durante el tiempo en que un estudiante esté excluido de la escuela por mal comportamiento dentro de la jurisdicción de la escuela, será inelegible para participar en actividades extracurriculares o asistir a ellas.

 

  1. Por “arma mortal” se entenderá cualquier arma de fuego, cuchillo, cachiporra/clava u otro dispositivo, instrumento, material o sustancia, animada o inanimada, que, en la forma en que se utiliza o se pretende utilizar, es capaz de producir la muerte o lesiones corporales graves. Neb. LB 705, articulo 60 (2023): Nebraska Rev. Stat. § 28-109(7).

 

  1. “Dispositivo de destrucción” se refiere a: (1) cualquier bomba explosiva, incendiaria, gas venenoso chimeco o biológico, o granada o cohete con carga propulsora de más de cuatro (4) onzas, proyectil con carga explosiva o incendiaria de más de un cuarto de onza (7 gramos), mina, trampa explosiva, coctel molotov, bomba de botella o tubo, recipiente o contenedor  intencionalmente causado de romper o explotado mecánicamente, o dispositivo similar a cualquiera de los dispositivos descritos en las cláusulas subsiguientes; (2) cualquier tipo de arma (excepto un cartucho de escopeta, al que generalmente se considera especialmente idóneo para fines deportivos), cualquiera que sea su nombre, o que pudiera ser convertida fácilmente en proyectil mediante la acción de un explosivo u otro material propulsor, y que tenga un barril con calibre mayor de media pulgada (1.27 cm) de diámetro; y (3) cualquier combinación de piezas diseñadas o destinadas a convertir cualquier dispositivo en un dispositivo de destrucción o en uno con el cual se pueda ensamblar fácilmente un dispositivo de destrucción.

 

  1. “Distribución o intento de distribución o recepción o intento de recibir de cualquier otra persona” se refiere a todas las acciones, actividades y comunicaciones, aunque sea verbal, escrita o electrónica, envuelto en la transferencia o el intento de transferir, o el recibo o intento de recibir cualquier droga narcótica ilegal, sustancia controladas, marihuana, sustancias falsas, sustancias que alteran el estado de ánimo o afectan el comportamiento, el alcohol, los medicamentos recetados o medicamentos no recetados.  Estos términos se deben inferir e interpretar en sentido amplio para incluir, pero no limitar a, cualquier y todas acciones, actividades, y comunicaciones acerca de venta, transferencia, negocio, oferta, regalar, recibir, comprar, solicitar, y/o la aceptación de las sustancias antes mencionadas, aunque una transferencia es hecha actualmente o no, y si o no el estudiante entra efectivamente en posesión de los mismos.

 

  1. “Parafernalia de drogas”, se refiere a todo el equipamiento, productos, materiales, y artículos que se utiliza, previsto a ser utilizado, modificado a ser utilizado, o diseñado a ser utilizado, en la fabricación, inyectando, ingerir, inhalando, vaporizando, o de otra manera introducir al cuerpo humano una sustancia controlada.      

 

  1. “Exclusión” se refiere al período en que un estudiante es separado de la escuela durante una suspensión de corto plazo, suspensión de largo plazo, exclusión de emergencia o expulsión. También puede referirse al período durante cual el estudiante es reasignado de modo obligatorio.

 

  1. “Expulsión” significa quedar excluido de todas las escuelas del Distrito (excepto la ubicación designada para educación alternativa).

 

  1. “Actividades extracurriculares” se refiere a cualesquiera equipos deportivos, actividades, grupos, clubes, eventos anuales para ex alumnos, bailes de etiqueta, bailes, ceremonias de graduación y cualquier otra organización o evento que el Distrito patrocine, o que se relacione con éste, y que no sea parte del plan de estudios del Distrito.

 

  1. “Armas de fuego” significa: 1) cualquier arma (incluso una pistola de arranque) que esté diseñada o pudiera ser adaptada fácilmente para expulsar un proyectil mediante la acción de un explosivo, 2) la armazón o el receptor de tal arma; 3) cualquier amortiguador o silenciador para arma de fuego; o 4) cualquier dispositivo de destrucción. Este término no incluye las armas de fuego antiguas.

 

  • Narcótico ilegal” se refiere a cualquiera de las sustancias ilegales que se definen en Neb. Rev. Stat. §28-401(15).

 

  1. “Período de inelegibilidad” significa el período durante el cual se prohíbe a un estudiante del Distrito participar o asistir a cualquier actividad extracurricular del Distrito.

 

  1. “Lesión” significa la lastimadura infligida a una persona cuyo resultado sea(n) una o más heridas específicas o que requieran medidas de primeros auxilios o atención médica.

 

  1. Suspensión de largo plazo” significa la exclusión de todas las escuelas del Distrito por más de 5 (cinco) días hábiles, pero menos de 20 (veinte) días hábiles”.  Si hay insuficientes días escolares en el primer semestre para completar el periodo de suspensión, el periodo de suspensión continuará el segundo semestre.

 

  1. “Sustancia de aspecto similar” (también conocida como sustancia controlada de imitación) significa cualquier sustancia no controlada que por su aspecto (lo que incluye, entre otras cosas, su color, forma, tamaño, marca o empaque), o por lo que se dice de ella, induzca o pretenda inducir a otra persona a creer que es una sustancia controlada. “Sustancia de aspecto similar” también incluye cualquier bebida que contenga alcohol o de la cual se afirma que contiene alcohol.

 

  1. Medicamento” se define en su sentido más amplio y significa cualquier medicamento de venta exclusiva con receta o de venta libre, así como otros medicamentos que se vendan sin receta, y todas las sustancias químicas, compuestos, sustancias homeopáticas, hierbas, vitaminas y/o dispositivos que, según se afirma, mejoran la salud o el bienestar de las personas o están destinados al diagnóstico, cura, paliación, tratamiento o prevención de enfermedades, o cuyo fin sea afectar la estructura o cualquier función del cuerpo; y también cualquier dispositivo, instrumento, aparato, implemento, máquina, artilugio, implante u otro artículo similar o relacionado, incluyendo cualquier accesorio o componente, que un médico, asociado médico (physician assistant) o personal de enfermería especializado (advanced practice registered nurse) recete, y que un farmacéutico u otra persona legalmente autorizada expenda.

 

  1. Medicamento de venta libre” se refiere a todos los medicamentos que se venden sin necesidad de una receta u orden emitida por personas licenciadas para recetar medicamentos conforme a las leyes de Nebraska.

 

  1. “Dentro de las instalaciones escolares” significa dentro de un inmueble propiedad del Distrito, en un vehículo que sea propiedad del Distrito o que éste haya arrendado o contratado con fines escolares, en un vehículo conducido con propósitos escolares por un empleado de la escuela o la persona designada por éste, o en una actividad o evento deportivo que la escuela patrocine,  o cualquier otro lugar donde la ley gobernante permite al Distrito disciplinar estudiantes para la conducta prohibida.

 

  1. Un año” se refiere a los trescientos sesenta y cinco (365) días posteriores a los actos en cuestión.

 

  1. “Posesión de substancias” se refiere a las situaciones en cual un estudiante tiene en su persona de él o ella, en su propiedad personal de él o ella, dentro de su vehículo de el o ella, dentro la propiedad escolar asignado a él o ella o bajo del control de él o ella control, una substancia prohibida bajo esta Política, mientras en la propiedad escolar o en un evento o actividad patrocinada por o relacionada con la escuela. Pequeñas cantidades o rastros de substancias prohibidas constituye la posesión de una substancia prohibida, y resultados positivos de alcohol u otras pruebas de detecciones de sustancias controladas y tecnologías de pruebas son evidencias de la posesión de sustancias prohibidas.

 

  1. Medicamento de venta exclusiva con receta” se refiere a todos los medicamentos que sólo se pueden adquirir con una receta u orden emitida por personas licenciadas para recetar medicamentos conforme a las leyes de Nebraska.

 

  1. “Infracciones previas” se refiere a infracciones de los incisos citadas, cuales ocurrieron cuando el estudiante está en el nivel actual del edificio.  Las infracciones de la conducta del estudiante cuales ocurrieron en otro distrito escolar en el nivel actual del edifico se incluirán como infracciones previas.  Para el propósito de la suspensión, la expulsión, o la acción de volver a asignar, las infracciones previas solamente se incluirá las infracciones de la conducta del estudiante cuales ocurrieron en las instalaciones escolares.  Para el propósito de la restricción de actividades extracurriculares, se incluirán las infracciones previas de conducta del estudiante cuales ocurrieron dentro o fuera de las instalaciones escolares.

 

  1. “Exposición pública indecente” significa efectuar, facilitar o ayudar a cualquier otra persona a realizar, en un lugar público y donde se espera de modo razonable que tal comportamiento sea visto públicamente: (1) un acto de penetración sexual; (2) la exposición de los genitales, los senos
    femeninos o los glúteos, con la intención de ofender o alarmar a cualquier persona; o (3) caricias lascivas del cuerpo de otra persona, sea del mismo género o del género opuesto.

 

  1. “Información razonable que el estudiante ha cometido un acto prohibido” se refiere a la cantidad de información de cual un razonable administrador escolar que no está actuando basado en motivos impropios tales como discriminación, en represalia, en venganza, o como represalia, podía concluir razonablemente que el estudiante se involucró en actos prohibidos en cuestión. Esta cantidad de información no será evidencia fuera de toda duda razonable, o evidencia clara y convincente, o incluso una preponderancia de la evidencia. Tal información razonable deberá ser evaluada en el contexto de un proceso educativo ordenado y eficaz, y no deberá ser evaluada dentro del contexto de las leyes, reglamentos, normas, prácticas o procedimientos que pueden ser aplicables en todo procedimiento judicial, penal o civil, procedimiento administrativo oficial, procedimientos de agencia del orden público o procedimientos de agencia de investigación administrativa o diligencias probatorias formales.  

 

  1. “Día Lectivo” se refiere a cualquier día en que la escuela imparta clases y los estudiantes asistan a cursos académicos. No incluye los días de las prácticas de actividades extracurriculares que son celebradas durante el verano, ni los fines de semana ni los períodos vacacionales que ocurran durante el año escolar académico.

 

  1. “Jurisdicción de la escuela” se refiere a los inmuebles propiedad del Distrito; a vehículos que sean propiedad “del Distrito o que éste arriende o contrate y que se usen con fines escolares; a cualquier vehículo que sea conducido con propósitos escolares por un empleado escolar, o la persona que éste designe; a una actividad o evento deportivo que la escuela patrocine; o a cualquier otro sitio donde las leyes vigentes permitan que el Distrito discipline a estudiantes por su mala conducta.

 

  1. “Semestre” se refiere al equivalente de un medio de los días de instrucción estudiantiles requeridos.

 

EE.          “Agresión sexual” se interpreta como un ataque sexual de primer grado o segundo, tal como se define en Neb. Rev. Stat. §28-319 y 320, o agresión sexual de un(a) niño(a) de primer, segundo o tercer grados, tal como se define en Neb. Rev. Stat. §28-319.01 y 320.01, según se estipule actualmente en dichos estatutos o en sus enmiendas futuras.  Agresión sexual de primer grado ocurre cuando una persona somete otra persona a penetración sexual sin el consentimiento de la víctima, o cuando una persona que es de 19 años de edad o mayor somete otra persona que es por lo menos 12 años de edad pero menos de 16 años de edad a penetración sexual. Neb. Rev. Stat. §28-319.  Agresión sexual de segundo grado ocurre cuando una persona somete otra persona a contacto sexual sin el consentimiento de la víctima y el actor causa graves lesiones personales a la víctima, Neb. Rev. Stat. §28-320.  Agresión sexual de un(a) niño(a) en el primer grado ocurre cuando una persona que es de 19 años de edad o mayor somete a otra persona menor de 12 años de edad a penetración sexual. Neb. Rev. Stat. §28-319.01.  Agresión sexual de un(a) niño(a) en el segundo grado ocurre cuando una persona que es 19 años de edad o mayor somete otra persona de 14 años de edad o menor a contacto sexual y el actor causa graves lesiones personales a la víctima. Neb. Rev. Stat.  §28-320.01.  Agresión sexual de un(a) niño(a) en el tercer grado ocurre cuando una persona que es 19 años de edad o mayor somete otra persona de 14 años de edad o menor a contacto sexual y el actor no causa graves lesiones personales a la víctima. Neb. Rev. Stat.  §28-320.01.

 

FF.          “Partes sexuales o íntimas” se refiere a la región genital, la ingle, la cara interna de los muslos, los glúteos o los senos.

 

GG.         “Suspensión de corto plazo” significa ser excluido de todas las escuelas del Distrito por un período no mayor de cinco (5) días hábiles.  Si hay insuficientes días escolares en el primer semestre para completar el periodo de suspensión, el periodo de suspensión continuará el segundo semestre.

 

HH.        “Bajo la influencia de” significa la manifestación de síntomas o reacciones físicas o fisiológicas debido al uso de alcohol o cualquier narcótico ilegal, sustancia controlada, marihuana, sustancia que modifique el estado de ánimo o afecte el comportamiento, o medicamento de venta exclusiva con receta, en un estudiante a quien no se le haya recetado dicho medicamento o alcohol. Los factores que se pueden tomar en consideración son: el olor de una sustancia prohibida en la respiración del estudiante o la ropa, los ojos vidriosos, problemas del habla (arrastrar las palabras), la movilidad física, y otros factores que el entrenamiento de los administradores de la escuela indica cómo ser evidencia del uso de sustancias prohibidas o estar bajo la influencia de la misma. Los resultados positivos de alcohol o de otra prueba de detección de droga y la tecnología de pruebas son evidencia del uso y posesión de sustancias prohibidas o estar bajo la influencia de la misma.

 

II.            “Uso de sustancias” se refiere a situaciones cuando exista una sospecha razonable para creer que el estudiante ha asimilado una sustancia prohibida o está bajo la influencia de la misma mientras en la propiedad escolar o asistiendo una actividad o evento patrocinado por la escuela o relacionada con la escuela.  Los factores que se podrán tomar en consideración son: el olor de una sustancia prohibida en el aliento o la ropa del estudiante, los ojos vidriosos, el habla mal articulada, movilidad física, y otros factores que el entrenamiento de los administradores escolares indica como evidencia de la utilización de sustancias prohibidas o estar bajo la influencia de la misma.  Los resultados positivos de alcohol u otras pruebas de detección de sustancias controladas y tecnologías de exámenes son evidencias del uso y la posesión de sustancias prohibidas o estar bajo la influencia d lo mismo.    

 

 

 

 

 

 

 

 

 

Date of Adoption
7 de mayo de 2001
Date of Revision
15 de abril de 2002
5 de mayo de 2003
15 de marzo de 2004
5 de junio de 2006
9 de julio de 2007
2 de junio de 2008
2 de febrero de 2009
18 de mayo de 2009
17 de mayo de 2010
4 de abril de 2011
16 de abril de 2012
22 de abril de 2013
4 de noviembre de 2013
6 de enero de 2014
21 de abril de 2014
20 de abril de 2015
18 de abril de 2016
17 de abril de 2017
16 de abril de 2018
6 de mayo de 2019
20 de abril de 2020
4 de enero de 2021
3 de enero de 2022
de agosto de 2023

5410: Substance Use

5410: Substance Use holly Thu, 07/11/2019 - 13:26

In order to ensure the highest possible standards of learning as well as the safety, health, and well-being of students, the District endorses a substance abuse policy which will aid students to abstain from the use of illegal drugs, intervene early when student use is detected, take corrective disciplinary action when necessary, and provide aftercare support for students.

As used in this Policy "drugs” shall include tobacco, nicotine, alcohol, controlled substances as defined by state law, other mood or behavior-affecting substances which are not taken for medical purposes, and “look-alike” drugs.

I. PREVENTION

The District will adopt an age appropriate developmentally based drug, tobacco, nicotine and alcohol education and prevention program, which includes in its scope the legal, social, and health consequences of drug, tobacco and alcohol use and provides information and techniques for the resistance of peer pressure for use of illicit drugs, tobacco, nicotine or alcohol. The program shall be for all students in all grades of the schools operated and served by the District from the early childhood level through grade twelve (12).

The District will provide students with information and activities focused on preventing students from using drugs. Prevention activities will be centered around the instructional program, guidance and counseling, school climate, and family and community involvement.

II. INTERVENTION

The District shall make available to students, information about any drug, tobacco, nicotine or alcohol counseling, or rehabilitation, or re-entry programs available to students.

The District shall establish and maintain an assistance program, through a team approach, to aid students who are chemically involved to successfully address their harmful involvement with chemicals and to continue in a school program.

III. DISCIPLINE

The District shall notify all students that the use of illicit drugs and the unlawful possession and use of tobacco, e-cigarette type products, and alcohol are wrong and harmful.

The rules established by the District shall clearly prohibit the unlawful possession and use or distribution of illicit drugs, tobacco, e-cigarette type products, and alcohol by students on school premises or as a part of any District activities and it shall be applicable to students in all of the schools in the District.

The District shall adopt disciplinary sanctions consistent with local, state and federal laws up to and including expulsion and referral for prosecution of students who violate the District’s Standards for Student Conduct and a description of sanctions as described by the rules of the District including sanctions which require the completion of an appropriate rehabilitation program.

Students have the right to attend school in an environment free of drugs. Possession or use of tobacco, or e-cigarette type products, or possession, distribution or use of mood or behavior-affecting substances, alcohol, "look-a-likes” or drug paraphernalia, are prohibited on school grounds and at school-sponsored or school-related activities.

The consequences for possession, distribution, or use of drugs, controlled substances, mood altering drugs, unauthorized medication, alcohol, or possession of drug-related paraphernalia will result in disciplinary action.

It is the policy of the District to take positive action through education, counseling, parental involvement, medical referral, and police referral where appropriate in the handling of incidents in the schools involving mood or behavior-affecting substances or alcohol.

School property and student property may be searched by school authorities in the interest of the maintenance of the health and safety of students and staff, the educational process, and to further school purposes.

Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.

IV. TREATMENT

The District will work cooperatively with community treatment personnel to facilitate the educational program of students in treatment.

V. COOPERATION PROGRAMS

The District will work cooperatively with the students, parents, guardians and community treatment personnel, to support aftercare and post-treatment plans for students returning from treatment.

VI. NOTICES

The District shall provide, distribute and shall give to all students, parents and guardians a copy of the Standards for Student Conduct and the statement of disciplinary sanctions enacted pursuant to this Policy and shall notify parents, guardians and students that compliance with the Standards of Student Conduct are mandatory for all the students in the District.

Date of Adoption
July 16, 1990
Date of Revision
July 6, 1998
September 25, 2000
May 16, 2011
April 21, 2014
Reaffirmed
April 19, 2010
May 3, 2021

5410.1: Substance Abuse

5410.1: Substance Abuse holly Thu, 07/11/2019 - 13:30

I. PREVENTION.

A. The purpose of the District’s alcohol, tobacco and other drugs (ATOD) prevention program is to promote wellness and healthy life styles. To accomplish this, the program will be designed and implemented to develop a respect for a healthy mind and body. Students will learn how the body functions, how personal habits contribute to good health, and how drugs affect the body and the nervous system.

B. The prevention program will focus on classroom instruction, and guidance and counseling. Involvement of students, parents and other community members is essential for the success of District ATOD prevention activities.

C. The ATOD prevention program shall be an age appropriate and developmentally based program for all students in all grade levels from early childhood through grade twelve (12).

1. Instruction Program.

a. All schools will have instructional programs which promote student wellness and which assist students in making responsible decisions about the use of ATOD. Current and accurate information about drugs and their effects upon the body and nervous system is only one (1) component of an instructional prevention program. Other components include instruction and skill development related to self- awareness, decision making, and interpersonal relationships.

b. In the elementary schools, major responsibility for providing instruction about the prevention of ATOD use/abuse will be provided by health education programs, following specific objectives to be covered. The health curriculum will be consistently reviewed, evaluated, and updated. Other areas of the elementary curriculum will reinforce the prevention concepts taught in the health program.

c. In the secondary schools, components of the instructional prevention program will be integrated into a variety of required and elective courses throughout the curriculum.

d. All staff will be provided training in prevention strategies and in any new curriculum. Instructional materials will be available for each school to implement the program.

e. Each school will formulate a prevention plan based on that school’s needs that complements and supplements the District instructional program. These plans will be an integral part of the District’s comprehensive prevention plan and will be reviewed and updated annually by staff and parents and by students, as appropriate.

2. Guidance and Counseling.

a. Guidance and counseling personnel will assist teachers and administrators with the implementation of classroom curriculum and school ATOD prevention plans.

b. Counselors will work with students, individually and in appropriate groups, to supplement ATOD prevention instruction and skill development. Counselors will also work with staff and parents to maximize the prevention efforts of the school.

c. All students shall receive a statement that the use of illicit drugs and the unlawful possession and use of tobacco and alcohol is wrong and harmful.

3. School Environment. Prevention efforts will emphasize maintaining a safe, positive and healthy school environment that encourages the student’s positive self-concept; the student’s enthusiasm for learning; outlets for student self-development and creativity which acknowledge individual skills, needs, and interests; responsible student decision- making and problem-solving; and recognition of the special needs of high-risk students or families experiencing undue stress.

4. Family and Community. The successful prevention of drug involvement must include a plan to ensure that parents and the community are aware and knowledgeable of programs and services available to them and their children. Parents and community members will be actively involved in the community/school partnership.

II. INTERVENTION.

A. All schools will establish and maintain an ATOD intervention program. The goal of the ATOD program shall be to eliminate ATOD use by students.

B. Ongoing inservice training will be provided for all staff. Training will include dimensions of the family illness and dynamics of the addiction process; enabling behaviors; intervention techniques; children in chemically dependent families; student experimentation, abuse and dependency; parental involvement and community resources; prevention issues and strategies; treatment and aftercare support; and implementation of the program into the classroom/building.

1. ATOD Intervention Program - Personnel Responsibilities.

a. Administration has the primary responsibility for implementation of the ATOD intervention program in each school.

b. Student Services staff will perform leadership roles in the implementation of ATOD intervention programs.

c. The principal in each school will identify staff responsible for the planning, implementation, and evaluation of the ATOD intervention program in their school.

d. School staff, including all classified and certificated staff, shall be trained to recognize early symptoms of drug and alcohol use.

2. ATOD Intervention Program – Processes.

a. The principal in each school will be responsible for implementing an ATOD intervention program that contains the following elements:

i. A referral system;

ii. A confidential system of record keeping of ATOD referrals and interventions; and

iii. Procedures for involving staff in the identification of students at high- risk ATOD use.

III. DISCIPLINE

A. General. The unlawful possession, use or distribution of alcoholic beverages, mood or behavior affecting substances, tobacco, e-cigarette type products, drug paraphernalia, and look-a-like drugs on District property or premises or at any of the activities of any school in the District is prohibited.

B. Definitions.

1. “Alcoholic beverages” shall mean any substance subject to the jurisdiction of the Nebraska Liquor Control Commission.

2. “Mood or behavior affecting substances” shall mean alcoholic beverages; controlled substances as defined by Neb. Rev. Stat. §28-401, including but not limited to "uppers,” "downers,” barbiturates, amphetamines, LSD, heroin, hashish, hallucinogenics or cocaine; substances such as glue, to the extent any such substance is used for the purpose of mood or behavior alteration by a student; and any other substance which alters the mood or behavior and which is not taken for medical purposes (e.g. steroids).

3. “Tobacco” shall mean tobacco products used for smoking, chewing, and as snuff.

4. “Distribution” shall mean any sale, transfer, handling, transmitting, administering, or giving of the item in question, with or without an exchange of value.

5. “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 into the human body any controlled substance.

6. “Look-a-like” (also known as imitation controlled substances) shall mean any substance which is not a controlled substance, but which by its appearance (including, but not limited to, color, shape, size, markings, or packaging) or by representations made, induced or are intended to induce, persons to believe that the substance is a controlled substance. “Look-a-like” shall include any beverage containing alcohol or a beverage that is represented to contain alcohol.

7. “Possession of a substance” shall mean situations where a student has on his person, within his personal property, within school property assigned to him or under his control, a substance prohibited under this Rule, while on school property or at a school sponsored or school-related activity.

8. “Use of a substance” shall mean situations where there is reasonable suspicion to believe a student has assimilated a prohibited substance or is under the influence of the same while on school property or in attendance at a school-sponsored or school- related activity. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, and/or physical mobility.

C. Staffing and Other Procedures.

1. Definitive assignments shall be given to staff personnel within each school related to ATOD detection and disciplinary procedures.

a. The principal will be responsible for carrying out this Rule and its supporting procedures within the school.

b. The principal will serve as the coordinator for records, reports and inquiries relating to the school ATOD prevention and disciplinary program.

c. Staff members will advise the school’s administrative staff of any information pertaining to a violation or possible violation of this Rule. Administrative staff members are the principal, assistant principal, and administrative assistant.

d. Any administrative staff member who obtains or generates information concerning a disciplinary matter subject to these provisions shall immediately inform the office of the Director of Student Services. The Director of Student Services shall have the authority to intervene in any case involving the use, abuse or distribution of mood or behavior affecting substances, and may impose conditions or terms for re admittance of the student involved, and shall also have the authority to readmit the student prior to the conclusion of the term, of the suspension or exclusion.

2. The name of any student involved in such a matter will not be released to the general public except as provided by law.

3. The parents or guardian of an involved student shall be contacted and informed.

D. Notification. All students and their parents and guardian shall be given a copy, or a handbook containing a description, of the standards of conduct as described in this Rule or prohibited acts and the description of the disciplinary sanctions which will be imposed for violation of the prohibited acts. The notice to the student, their parents or guardians shall include notice that compliance under the standards of conduct is mandatory.

E. Voluntarily Seeking Help. Information may be received from students and/or parents who voluntarily seek help from school authorities concerning the student’s use of mood or behavior affecting substances before being found to be using or possessing such substances by school or law enforcement officials. This information will be maintained in confidence and will not serve as a basis for disciplinary actions unless the student is currently under investigation for suspected substance use. However, this does not provide immunity from disciplinary actions should these students continue to use, possess, or distribute such substances as provided herein.

F. Community Liaison.

1. The schools will cooperate with the police department by making every effort to identify and report any sources of supply of mood or behavior affecting substances and by developing an inservice instruction program for staff members.

2. The schools will cooperate with the city or county health department and individual health care providers in appropriate health education and health care.

3. The District shall provide to students and their parents and guardians information about any available drug and alcohol counseling, rehabilitation, and re-entry programs.

IV. TREATMENT

 

Counselors will be responsible for ongoing communication and cooperation with community drug treatment personnel and for facilitating the educational programming of students in treatment.

V. AFTERCARE


A. It is important that students returning to school from a community inpatient or outpatient treatment program be given aftercare support. Primary aftercare responsibility for students returning from a treatment program rests with those students, their parents, and community treatment program personnel.

B. School counselors will coordinate with the student, parents, and community treatment personnel to facilitate the aftercare plan at school.

Date of Adoption
July 16, 1990
Date of Revision
July 6, 1998
September 25, 2000
April 21, 2014
Reaffirmed
April 19, 2010
May 3, 2021

5430: Loss of or Damage to School Property

5430: Loss of or Damage to School Property holly Thu, 07/11/2019 - 13:33


 

 

Students and their parents shall be responsible for the loss of or damage to school property due to students’ acts or negligence. This responsibility applies in the matter of books, computers, and supplies of all kinds, as well as equipment, buildings and grounds.

Date of Adoption
February 4, 1974
Date of Revision
October 2, 2000
April 16, 2018
Reaffirmed
November 15, 2010

5450: Student Attire and Grooming

5450: Student Attire and Grooming holly Thu, 07/11/2019 - 13:35

 

Student attire and grooming should be clean and neat. If a student's attire or grooming is disruptive of or interferes with the educational process, creates a threat to the safety or health of the student or others, or is in violation of any governing laws or District policies or rules, it will not be permitted in school. Ideally, the decision regarding attire and grooming will be left to the good judgment and responsibility of the student and the student's parents.

Date of Revision
July 20, 1992
April 21, 1997
October 2, 2000
April 16, 2018
Reaffirmed
November 15, 2010

5450.1: Student Attire and Grooming

5450.1: Student Attire and Grooming holly Thu, 07/11/2019 - 13:38

I. Prohibited Attire and Grooming. Students are required to avoid attire that disrupts or interferes with the educational process. Attire or grooming which contains the following expressions or which has the following effects is prohibited and will subject the student to disciplinary proceedings: 

A. Vulgar or obscene. Vulgar or obscene expressions are those which the average person, applying contemporary community standards, would find that when taken as a whole, appeal to prurient interests; or, the expressions depict or describe in a patently offensive way sexual conduct in a manner prohibited by applicable law; or, the expressions, taken as a whole, lack serious literary, artistic, political, or scientific value. 

B. Defamatory. Expressions shall be considered defamatory when they include libelous falsehoods about individuals. In order to be defamatory, the libelous falsehood must be made with actual malice; that is, with the knowledge that it is false or with reckless disregard of whether or not it is false. 

C. Invasion of privacy of others. Invasion of privacy includes exploitation of an individual's personality; providing information of an individual's private affairs with which the public has no legitimate concern; or wrongful intrusion into an individual's private activities in a manner that can cause mental suffering, shame, or humiliation to a person of ordinary sensibilities. 

D. Criticism of school officials or advocation of violation of District Policies or Rules. Such expressions are prohibited to the extent that there is evidence that supports a reasonable judgment that substantial disruption of or material interference with the normal operation of the school or school activities will result, as provided in Section I (F) below. 

E. Discriminatory. Expressions which attack or promote discrimination against groups or individuals on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity, marital status, disability, or age.

F. Substantial disruption or material interference with the educational process. Such expressions are prohibited when there is information which causes school administrators to reasonably forecast that a substantial disruption of or material interference with the normal operation of the school or school activities may occur, or injury to persons, damage to property, or interference with the rights of others may result if permitted. 

G. Highly controversial. Expressions that are highly controversial and advance or advocate a certain viewpoint or lifestyle, which has an inflammatory effect. An indication of whether something is controversial is whether the topic would reasonably offend some groups or would be shocking to teachers, parents, and/or students. To be prohibited under this subsection, the expression must substantially interrupt or materially interfere with the educational process. 

H. Sexual harassment. The expression violates District Rule 5420.1 or constitutes prohibited sexual harassment. 

II. Health or Safety Risk. Student attire or grooming which creates a health or safety risk to the student or others is prohibited. Students refusing to immediately change attire or grooming, which creates a health or safety risk to the student or others will subject the student to disciplinary proceedings. 

III. Request for Hearing. Any student who believes that the District has unfairly deprived the student of the student's freedom of expression by the District's refusal to permit the wearing of a certain style of attire or grooming may request a review of the perceived deprivation. The complaining student requesting a hearing must follow the procedures set forth in District Rule 5510.1.

Date of Adoption
July 20, 1992
Date of Revision
April 21, 1997
October 2, 2000
June 7, 2004
September 4, 2012
April 16, 2018
November 16, 2020
Reaffirmed
November 15, 2010

5460: Student Driving and Parking

5460: Student Driving and Parking holly Thu, 07/11/2019 - 13:43

 

All motorized vehicles, including, but not limited to motorcycles, mini bikes, motor scooters, go carts, all terrain vehicles, utility vehicles, golf car vehicles, and snowmobiles, shall not be operated on District property except for authorized purposes. Violators will be treated as committing a nuisance and as trespassers upon District property and shall be subject to prosecution under Nebraska Revised Statute § 28-521. 

The Superintendent is directed to post such signs in such places as will give notice of the adoption of this Policy. 

Date of Adoption
February 4, 1974
Date of Revision
October 16, 2000
April 16, 2018
Reaffirmed
November 15, 2010

5460.1: Student Driving and Parking

5460.1: Student Driving and Parking holly Thu, 07/11/2019 - 13:46

I. Permits. 

Only those student-operated vehicles for which car permits have been issued may be parked on school property. The Superintendent and such other employees as the Superintendent may select are authorized and directed to establish criteria for the issuance of car permits, within the framework of this Rule, so that students who have good reasons for driving to school may be able to park their vehicles on the school grounds in the designated areas. 

II. Condition and Insurance. 

All student-operated motor vehicles driven to school and parked on school premises must be in safe operating condition and each driver must certify that the vehicle for which a car permit is requested is legally and properly insured. 

III. Permit Criteria and Regulations. 

A. In the operation of this Rule, every student who has a legitimate need to drive to school is to be permitted to do so, within the limits of the criteria established. Students who refuse to comply with these regulations and restrictions will be subject to disciplinary action including suspension from school. 

B. Students who drive to school and park on school premises must know and obey the following rules: 

1. Each vehicle must be registered each year; 

2. Each vehicle must have a current parking permit displayed; 

3. Vehicles must be parked in assigned areas; 

4. Speeding and careless driving on or near school grounds is prohibited; and 

5. Students are not permitted to sit in vehicles during the school day. 

C. The consequences for parking violations will be in accordance with each school’s student handbook and District Rule 6750.1 (III) ( J) (2). 

Date of Adoption
February 4, 1974
Date of Revision
October 16, 2000
July 1, 2013
April 16, 2018
Reaffirmed
November 15, 2010

5470: Police Questioning and Apprehension

5470: Police Questioning and Apprehension holly Thu, 07/11/2019 - 13:49

School officials shall cooperate with law enforcement officers in pursuance of their official duties.

Law enforcement officers may interview students during school and may remove a student from school pursuant to a warrant, court order, consent of the custodial parent, or for the purposes of taking the student into custody as provided by law.

 

Date of Adoption
March 21, 1988
Date of Revision
July 6, 1998
October 16, 2000
November 19, 2018
Reaffirmed
March 21, 2011

5470.1: Procedures for Law Enforcement Questioning and Apprehension of Students

5470.1: Procedures for Law Enforcement Questioning and Apprehension of Students holly Thu, 07/11/2019 - 13:51

I. General Statement

District personnel shall cooperate and not interfere with law enforcement officers who are acting in their official capacity.

II. Contact by Law Enforcement Officers  

A. Non-Exigent Circumstances.  If a law enforcement officer requests to interview a student or to remove a student from school when no exigent circumstances are present, the following procedures will be followed:

1. When an officer makes contact with a staff member about questioning or apprehending a student, the staff member shall refer the officer to the Office of Student Services. 

2. Student Services will inform the officer of the student's location, and will direct the officer to take the following steps:

a. Report to the principal's office where the student is located;

b. Present the principal with verification of the officer's identity;

c. Provide the principal with the name of the student to be interviewed or apprehended; and

d. To the extent that it can be released, provide the principal with all pertinent information concerning the case.

3. After providing the directions in Section II (A) (2) to the officer, Student Services will inform the principal that an officer is attempting to make contact with the student, and that the officer has been directed to report to the principal.

4. Unless the officer requests otherwise, the principal or principal's designee may be present during the questioning of the student.

5. If the officer determines that the student should be removed from school, District staff will fully cooperate, and the procedures provided in Section III of this Rule shall be followed.

6. Any information or evidence obtained by the District relevant to a matter under investigation should be preserved.  The building principal or principal's designee shall be responsible for adopting or having in place guidelines for preserving relevant information or evidence.

7. The student’s grade level administrator or Student Services shall inform the student's parent(s) or guardian(s) of the law enforcement contact as soon as practicable, unless the case involves suspected child abuse or the officer instructs the District not to contact the student's parent(s) or guardian(s) in which case no contact shall be made. 

B. Exigent Circumstances.  If a law enforcement officer informs a staff member that exigent circumstances exist and/or that an immediate arrest must be made, the District will take whatever steps are necessary to enable the officer to immediately apprehend the student.  The staff member shall inform Student Services of the law enforcement contact as soon as practicable. The student’s grade level administrator or Student Services shall inform the student's parent(s) or guardian(s) of the law enforcement contact as soon as practicable, unless the case involves suspected child abuse or the officer instructs the District not to contact the student's parent(s) or guardian(s) in which case no contact shall be made. 

III. Apprehension by Law Enforcement Officers

A. Procedures In Cases of Suspected Child Abuse or When Instructed Not to Contact Parents.  When a student is apprehended by a law enforcement officer and removed from school, and when the case involves suspected child abuse or the officer instructs that there should be no contact with the parent(s) or guardian(s), the following procedures shall be followed:

1. The principal or principal’s designee shall not notify the student’s parent(s) or guardian(s) of the apprehension.

2. The principal or principal’s designee shall attempt to ascertain from the officer the place where the student is being taken.

3. The principal or principal’s designee shall provide the officer with the address and telephone number of the student’s parent(s) or guardian(s).

4. The principal or principal’s designee shall inform Student Services of the law enforcement apprehension as soon as possible.

B. Procedures In All Other Cases.  In all other cases when a student is apprehended by a law enforcement officer and removed from school, and which do not involve suspected child abuse or the officer does not instruct that there should be no contact with the parent(s) or guardian(s), the following procedures shall be followed:

1. The principal or principal’s designee shall attempt to ascertain from the officer the place where the student is being taken.

2. The principal or principal’s designee shall provide the officer with the address and telephone number of the student’s parent(s) or guardian(s).

3. The principal or principal’s designee shall take immediate steps to notify the student’s parent(s) or guardian(s) regarding the apprehension of the student by the officer and the place to which the student is reportedly being taken.

4. The principal or principal’s designee shall inform Student Services of the law enforcement apprehension as soon as possible.

IV. Law Enforcement Request for Student Records

Student records will be provided only in accordance with applicable law and District Policy.  Student records may be released to  law enforcement officers under the following circumstances:

A. Pursuant to a warrant, court order, or lawfully issued subpoena provided, however, that the District has made a reasonable effort to notify the student and the student's parent(s) or guardian(s) prior to compliance.

B. The records contain only directory information.  Directory information may include the parent’s and student’s name, address, e-mail address, telephone number, date and place of birth, major field of study, current grade level, enrollment status, participation in officially recognized activities and sports, dates of attendance but not including specific daily records of attendance, degrees, honors and awards received, the most recent previous educational agency or institution attended by the student, photographs, and other similar information.

C. The student's parent(s) or guardian(s) has provided written authorization permitting the release.

D. Personally identifiable information from an education record can be disclosed to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Date of Revision
July 6, 1998
October 16, 2000
November 19, 2018
Reaffirmed
March 21, 2011

5480: Search and Seizure

5480: Search and Seizure holly Thu, 07/11/2019 - 13:55


 

Certificated staff members are permitted to search students or students' possessions whenever there is a reasonable suspicion that the student has in the student's possession illegal, or dangerous objects or substances, or any other objects or substances the possession of which is contrary to District policy or governing law, or when necessary for the welfare and well-being of students, the protection of District property, or the administration of District policy. 

School lockers are the exclusive property of the District and may be opened or searched by certificated staff members without notice and without student consent. 

Certificated staff members may seize and take custody of any objects or substances found during a search whenever such objects or substances are dangerous, contrary to law or school policy, or may threaten the welfare of students, school personnel, or District property. 

Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1. 

The refusal of a student to consent or submit to a reasonable search and/or to surrender objects or substances found as a result of such search may be grounds for discipline.

Date of Adoption
July 5, 1988
Date of Revision
July 5, 1994
October 16, 2000
May 16, 2011
January 7, 2019
Reaffirmed
December 10, 2010

5480.1: Search and Seizure

5480.1: Search and Seizure holly Thu, 07/11/2019 - 14:00

I. General Statement

Certificated staff are authorized to conduct searches of a student's person, clothing, automobile, and property under a student's control including, but not limited to, purses, handbags, book bags, and briefcases. Certificated staff are also authorized to search student lockers. Certificated staff may take into custody any objects or substances that are illegal under federal or state law, or in violation of District policy or rule.


II. Procedures for Non-District Property

The following procedures shall be followed with respect to searches and seizures under this Rule:

A. Reasonable Searches Permitted. 

1. Searches of non-District property are to be conducted at such times and places as are reasonable under the circumstances. The scope of the search shall likewise be reasonable.

2. Searches can be made under this Rule at any place on District property, at a District event, or at a place under District control or sponsorship.

B. Person, Clothing, Automobiles, Personal Possessions, and Field Trips.

1. A search of a student's person, clothing, automobile, personal property or possessions will only be made if there is reasonable cause to believe that the student has possession or control of dangerous objects or substances that are illegal under federal or state law, or in violation of District policy or rule. 

2. A search of the person, clothing, automobile, personal property or possessions shall be made, whenever practicable, by two certificated staff members. When the search is made of the student's person, the search shall be conducted only by staff members of the same sex as the student being searched.

3. Prior to leaving on a field trip or other off-campus activity sponsored or participated in by the District, the District may search any baggage, purses, or other containers in the possession of or under the control of a District student participating in the field trip or other off-campus activity. In addition, students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.

III. District Property

Student Lockers. Student lockers are the exclusive property of the District and the District does not relinquish its control and ownership of lockers by making them available for students. Student lockers are provided to students only for student convenience, and this privilege may be withdrawn by the District at any time. The search and inspection of lockers and the taking into custody of objects or substances which are illegal, dangerous or in violation of District policy or rule may be conducted at any time by certificated staff without notice and without student consent. Whenever practicable, two certificated staff members shall be present at the time locker searches are conducted. 

IV. Alcohol and other Drug Screening and Testing Technology

Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.

V. Enforcement of this Rule 

The refusal by a student to consent to or permit a search, or the refusal to surrender objects or substances which are illegal or violate District policy or rule, may subject such student to suspension, expulsion, or other disciplinary action.

VI. Law Enforcement Authorities 

Police officers and other law enforcement authorities shall be permitted to conduct a search of a student, the student's clothing, and the student's possessions and property on District property, at a District event, or at a place under District control whenever such officers or authorities:

A. Possess a judicial order providing for the same; 

B. Are otherwise authorized by law to make a search; or 

C. Exigent circumstances exist. 

D. Neither school officials nor staff members shall participate directly or indirectly in any search or actions relating thereto conducted by a police officer or law enforcement official.

Date of Adoption
July 13, 1988
Date of Revision
July 5, 1994
June 16, 1997
October 16, 2000
May 16, 2011
January 7, 2019
Reaffirmed
December 10, 2010

5480.2: Searches by Detection Dogs

5480.2: Searches by Detection Dogs holly Thu, 07/11/2019 - 14:03

I. Purpose

The District shall use trained detection dogs to detect illegal weapons, drugs or contraband on school property.  The purpose of the District's use of detection dogs is to respond to the problem of illegal weapons, drugs and contraband on school property, and to maintain a safe school environment conducive to learning.

II. Types of Searches

A. Search of Property. Detection dogs may be used to sniff the air in or around vacant classrooms, vacant common areas, student lockers, and automobiles parked on school property.  If the dog alerts to a particular locker, car, and/or an object(s) in a vacant classroom or other vacant common areas, it may be searched.  If the dog alerts to a student's car, the student will be asked to unlock the car doors and trunk for an internal inspection.  If the student refuses to unlock the car or trunk, the student's parents or guardian shall be notified of the student's refusal.

B. Detection dogs will not be used for random sweep searches of students, and will only be allowed to sniff an individual student if there is sufficient cause to believe that the student possesses illegal weapons, drugs or other contraband.  If sufficient cause exists and the detection dog alerts to a student suspected of having illegal weapons, drugs or contraband, the student's outer garments and/or purse or personal belongings shall be subject to search.  If a pat search is necessary, it will be conducted by someone of the same sex as the suspected student.  

III. Notice of Use of Detection Dogs

District students and their parents or guardian will be notified annually of the District's use of detection dogs. The notice will include the following information: 

A. That the District may use detection dogs to detect illegal weapons, drugs and/or contraband at any time, announced or unannounced. 

B. That lockers remain under the jurisdiction of the District, and that although lockers are used by students during the school year, lockers are owned by the District and are subject to a detection dog search at any time. That illegal objects or substances found in lockers may be seized. 

C. That all cars parked on school property shall be subject to a detection dog search at any time, and that illegal objects or substances may be seized. 

D. That students shall be subject to a detection dog search if there is sufficient cause to believe that a student possesses illegal weapons, drugs or contraband. 

E. That classrooms and all common areas are subject to a detection dog search at any time whenever students are not present. 

F. That if any illegal weapons, drugs or contraband are found on a student's person, or in his/her automobile, locker, or any other place on school property that the student has placed illegal weaspons, drugs or contraband, the student may be subject to appropriate disciplinary action, including suspension or expulsion. 

G. That students' parent(s) or guardian(s) shall be notified if illegal weapons, drugs or contraband are discovered. 

IV. Disciplinary Action

 Students who are found to be in violation of this Rule shall be subject to appropriate disciplinary action, including short-term suspension, emergency exclusion, long-term suspension, mandatory reassignment, expulsion, and/or curtailment from extracurricular activities. 

V. Definitions

A. Alerts to shall mean an indication by the detection dog that the odor of an illegal weapons, drug or contraband is in the air or upon a student. 

B. Contraband shall mean all items prohibited by federal, state, or local law, or by District policy or Rule from being brought onto school property including, but not limited to, drug paraphernalia as defined in District Rule 5410.1, guns, and knives. 

C. Illegal drugs shall mean those substances defined in District Rule 5410.1 under Section III (B) (2) "Mood or behavior affecting substances", and any other drug which is illegal according to federal, state or local law. 

D. Outer garments shall mean all clothing except the student's undergarments. 

E. Sufficient cause shall mean "reasonable cause" in the event the search is conducted by certificated staff of the District or its authorized agent, or "probable cause" if the search is conducted by police officers or other law enforcement authorities. 

Date of Adoption
June 16, 1997
Date of Revision
October 16, 2000
January 7, 2019
February 3, 2020
Reaffirmed
December 20, 2010

5490: Use of Alcohol and other Drug Screening and Testing Technology

5490: Use of Alcohol and other Drug Screening and Testing Technology holly Thu, 07/11/2019 - 14:42

The District will provide students with the opportunity to obtain an education and participate in school sponsored events and activities in a safe, healthy, and orderly environment free of alcohol and other drugs. Accordingly, the District may use alcohol and other drug screening and testing technology in order to ensure a safe environment at school and at school sponsored events and activities. 

The District may use such alcohol and other drug screening and testing technology with students before they may enter or exit a school sponsored event or activity, or prior to leaving on a field trip or other off-campus event or activity sponsored by the school.

When reasonable suspicion exists that a student has consumed or possesses alcohol or any other type of drug in violation of District policy, the student will be advised of the suspicion. As part of the investigation, District personnel may conduct field tests using technology available to them for the determination of whether or not a student has consumed or is under the influence of, or in possession of alcohol or other drugs.

Date of Adoption
March 6, 1995
Date of Revision
August 19, 1996
October 16, 2000
September 2, 2008
May 16, 2011
November 19, 2018

5490.1: Use of Alcohol and other Drug Screening and Testing Technology

5490.1: Use of Alcohol and other Drug Screening and Testing Technology holly Thu, 07/11/2019 - 14:46

I. Procedures

The following procedures govern the use of alcohol and other drug screening and testing technology by school administrators. 

A. The District may require all students to submit to alcohol screening before they may enter or exit a school sponsored event or activity, or prior to leaving on a field trip or other off-campus event or activity sponsored by the school. Such screening devices may be used to sample students' breath and any liquid-carrying containers. If such screening has positive results, then there shall be a second screening. If such second screening again has positive results, then there is a reasonable suspicion that the student has violated the District's alcohol policy and the student may be subjected to a field test. 

B. Students suspected of violating the District's alcohol and other drugs policy may be subjected to a field test. Refusal to consent or submit to a field test may be grounds for discipline. 

C. If a field test is positive for alcohol and/or other drugs, the positive results will be used as evidence in any disciplinary procedures against the student. 

D. Results of field tests, refusal to consent or submit to a field test, and other information will be used by the administration in determining disciplinary action. 

E. Student field test results for alcohol or other drugs will be made available to the student's parents or guardian. Screening results for students entering or existing school sponsored events or activities, or for students leaving on a field trip or other off-campus event or activity, will not be shared with parents unless such results are positive. 

F. If a student screens or tests positive for alcohol or other drug use, they will be released from school or any school sponsored event or activity, only to the student's parents or guardian or an adult designated by the student's parents or guardian. 

G. Staff, students, and parents will be notified annually of these procedures. 

H. Field screening and testing devices will only be administered by school administrators appropriately trained as provided by the manufacturer of the field screening and testing devices. 

I. Field screening and testing devices will be tested for accuracy and calibrated as necessary as provided by the manufacturer. 


II. Annual Report to Board 

A report summarizing all field screening and testing will be annually presented to the Board. 

III. Definitions 

A. Screening, field screening, and screening technology shall mean a passive alcohol detecting device which is a non-invasive high speed instrument which can be used for overt or covert alcohol detection, which is administered for students entering or existing school sponsored events or activities, or for students leaving on a field trip or other off-campus event or activity. 

B. Testing, field testing, and testing technology shall mean an active alcohol or other drug detecting device which is administered when there is reasonable suspicion that a student has violated the District's alcohol or other drug policies. 

Date of Adoption
March 6, 1995
Date of Revision
August 19, 1996
October 16, 2000
September 2, 2008
May 16, 2011
November 19, 2018

5495: Corporal Punishment and Physical Contact

5495: Corporal Punishment and Physical Contact holly Thu, 07/11/2019 - 14:50

Corporal punishment shall not be used to discipline students. Reasonable physical, protective force may be used by staff members when it is immediately necessary to protect himself or herself, to protect other persons against the use of unlawful force, to protect a student from harming himself or herself, or to prevent an unlawful entry or other trespass upon land or a trespass against or the unlawful removal of tangible, moveable property. Reasonable and incidental physical contact may be used by staff members when it is not intended to punish a student for disapproved behavior and is instead intended to promote personal interaction with a student or to preserve order or protect persons or property from harm.

Date of Adoption
July 5, 1988
Date of Revision
March 5, 2001
November 19, 2018
Reaffirmed
February 21, 2011
January 22, 2024

5495.1: Corporal Punishment and Physical Contact

5495.1: Corporal Punishment and Physical Contact holly Thu, 07/11/2019 - 14:52

I. Corporal Punishment Prohibited

Corporal punishment shall not be used to discipline students. 

II. Corporal Punishment Defined

Corporal punishment is the infliction of bodily pain as a penalty for disapproved behavior. Corporal punishment does not, as hereinafter provided in Sections III and IV, include any and all physical force or physical contact. 

III. Allowable Physical Force

Reasonable, protective physical force may be used by a staff member in the following circumstances. 

A. When the staff member believes that reasonable, protective physical force is immediately necessary for the purpose of protecting himself or herself against the use of unlawful force. 

B. When the use of reasonable, protective force is justifiable to protect a third person. To be justifiable to protect a third person, the staff member must believe that he or she would be justified in using such protective force to protect himself or herself in such circumstances, that the third person would be justified in using such protective force, and that intervention is necessary for the protection of the third person. 

C. When the staff member believes that reasonable, protective physical force is immediately necessary for the purpose of protecting a student from inflicting physical harm or otherwise injuring the student’s own self. 

D. When the staff member believes that reasonable, protective physical force is immediately necessary to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful removal of tangible, movable property, provided that such land or movable property is, or is believed by the staff member to be, in his or her possession or in the possession of another person for whose protection the staff member acts. 

IV. Allowable Physical Contact

 Reasonable and incidental physical contact, which is not intended to punish a student for disapproved behavior, may be used by staff members in the following circumstances. 

A. When it is intended and used to provide personal and instructional interaction with a student. 

B. When it is intended and used to aid a student, further school purposes, or prevent interference with the educational process. 

C. When it is intended and used to maintain order and control. 

 

D. When it is intended and used to protect persons or property from harm.

Date of Adoption
July 5, 1988
Date of Revision
March 5, 2001
November 19, 2018
Reaffirmed
February 21, 2011
January 22, 2024

5495.2: Restraint and Seclusion

5495.2: Restraint and Seclusion holly Thu, 07/11/2019 - 14:55

I. Purpose

The purpose of this Rule is to insure that all students and staff are safe in school, and that students are free from the inappropriate use of physical restraint or seclusion. 

II. Authorized Use

A. The District supports school-wide programs and services that motivate, teach and support positive behavior in order to create a school climate that is highly conducive to learning.

1. Each school will establish practices that have the goal of making the school climate and environment welcoming and supportive of learning, and promote the recognition and reinforcement of appropriate student behavior. 

2. School staff will implement behavior management programs and strategies that promote safety, respect, and responsibility and address individual student needs and the needs of all students.

3. When school personnel anticipate that a student is likely to behave in a way that may be dangerous to the point of causing injury to one’s self or others, staff will conduct a behavioral assessment and develop a behavior plan including a plan for teaching replacement behaviors. The behavior plan will be developed in cooperation with the parent or guardian.

B. The District authorizes staff members to use physical restraint and seclusion in limited situations and in accordance with the requirements specified in this Rule.

C. District staff are authorized to use allowable physical force and allowable physical contact in accordance with District Rule 5495.1

III. Informing Parents and Guardians Generally 

A. District students and their parents or guardians will be notified annually of this Rule regarding physical restraint and seclusion, by including in all student handbooks the following statement:

As a part of the emergency procedures in place in our schools, any student who poses a significant imminent risk of injury to him/herself or others may be physically restrained and/or placed in seclusion by school staff in accordance with District Rule 5495.2. These actions could occur along with other emergency actions such as calling the police. Significant violations of the law including assaults on students and staff, will be reported to the police. The building administrator or designee will make reasonable efforts to notify the parent/guardian no later than the end of business on the school day on which the physical restraint/seclusion occurred. The parent will be notified of the circumstances leading up to the physical restrain/seclusion and be given a point of contact for additional information. 

District Rule 5495.2 is available to all parents electronically via the District’s website or as a hard copy upon request.

IV. Conditions for Appropriate Use of Physical Restraint 

A. Physical restraint is appropriate only when a student is displaying physical behavior that presents significant imminent risk of injury to the student or others, and the student is demonstrating the intent and the ability to cause significant imminent injury. 

B. Physical restraint should only be employed as a last resort after other methods of de-escalating a dangerous situation have been attempted without success or have been deemed inappropriate for the situation.

C. Physical restraint should only be employed by staff members who have received specific District approved training in the use of physical restraint procedures, including de-escalation strategies.

1. Other school personnel may employ physical restraint procedures only in rare and clearly unavoidable emergency circumstances when staff trained in physical restraint are not immediately available. Untrained staff should request assistance from trained staff as soon as possible.

2. A physical restraint of a student should be conducted in a manner consistent with the techniques prescribed in the District approved physical restraint training program. 

D. Physical restraint should last only as long as is necessary for the student to regain behavioral stability, and the risk of injury has ended, usually a matter of minutes. 

E. The degree of physical restriction employed must be in proportion to the circumstances of the incident, the size and condition of the student, and the potential risks for injury to the student.

F. Mechanical or chemical restraints are not authorized.

G. Prone or supine forms of physical restraint are not authorized. 

V. When Physical Restraint Procedures Should Not Be Employed

A. Physical restraint is not appropriate without significant imminent risk of injury to self or others.

B. A verbal threat or verbally aggressive behavior does not itself indicate a significant imminent risk of injury, and should not result in restraint. 

C. Destruction or damage to property does not constitute a risk of imminent injury, unless in doing so a risk of injury to the student or others is created.

D. When known medical or physical conditions of the student would make the physical restraint procedures dangerous for that student (e.g. students with heart or circulatory conditions, asthma, or other conditions) they should not be employed.

E. Physical restraint should never be used as a punishment, or for the purpose of discipline or convenience, or to force compliance with staff commands. 

VI. Conditions for Appropriate Use of Seclusion 

A. Seclusion is appropriate only when a student is displaying physical behavior that presents a significant imminent risk of injury to the student or others, and when the threat could be diminished if the student was in a safe environment away from other students and staff.

B. Seclusion should only be employed as a last resort after other methods of de-escalating a dangerous situation have been attempted without success or have been deemed inappropriate for the situation.

C. Seclusion should only be used as long as is necessary and should be discontinued when the student is no longer a threat to others.

D. Seclusion should only be employed by staff members who have received specific District approved training regarding the use of seclusion procedures. 

E. Seclusion must be used only when the student can safely be transported to the seclusion environment by trained staff members using appropriate techniques based on District approved training.

F. Seclusion should only be used if a staff member can continuously monitor the student for visual or auditory signs of physiological distress and can communicate with the student.

1. Students should be permitted to use the restroom as needed, and be escorted to and from the restroom.

2. Students should be provided water as needed.

3. Students should be permitted to consume lunch or other regularly scheduled meals.

G. Time out procedures that do not constitute seclusion are permitted in school. 

H. All seclusion environments should be inspected for adherence to regulations affecting school accreditation. 

VII. When Seclusion Procedures Should Not Be Employed

A. When the significant imminent risk of injury no longer exists. 

B. When known medical or physical conditions of the student would make the seclusion procedures dangerous for that student (e.g. students with heart or circulatory conditions, asthma, or other conditions).

C. Seclusion should never be used as a punishment, or for the purposes of discipline or convenience, or to force compliance with staff commands. 

VIII. Training

A. The District will provide all staff members with prevention and conflict de- escalation training which includes the dangers of physical restraint and seclusion, and procedures for contacting staff trained in physical restraint when behavioral crises occur.

1. This prevention and conflict de-escalation training will be recurrent and will be provided to new staff.

B. The District will determine a physical restraint and seclusion training curriculum and method of providing such training that complies with applicable regulatory guidance. 

C. A core group of appropriate personnel will be trained and “certified” in each building in prevention and conflict de-escalation which will include the use of physical restraint and seclusion procedures. 

1. Recurrent training to maintain “certification” will be provided on a regular basis to meet the requirements for the curriculum or program used.

IX. Reporting, Documentation and Debriefing Requirements

A. Immediately after the student has regained emotional and behavioral control following the use of physical restraint and/or seclusion, a staff member not directly involved with the incident shall examine the student to ascertain if any injury has been sustained during the physical restraint or seclusion. The staff member will document the student’s condition, administer first aid if needed, and if warranted follow District procedures and rules to seek additional medical assistance. The student, with the assistance from staff, will de-brief the incident at the earliest appropriate time.

B. The staff member involved with the physical restraint or seclusion will have the opportunity to meet with his/her supervisor or designee after the incident to ascertain if any injury has been sustained during the physical restraint or seclusion and determine any next steps to insure staff well- being. If no injury is sustained, the supervisor or designee will determine when the staff member can return to his/her duties. If the supervisor or designee believes the employee should not return to his/her duties, he or she shall follow District procedures and rules to seek additional medical assistance for the employee and contact Human Resources.

C. The building administrator or designee will make reasonable efforts to notify the parent/guardian no later than the end of business on the school day on which the physical restraint/seclusion occurred. The parent will be notified of the circumstances leading up to the physical restraint/seclusion and be given a point of contact for additional information. 

D. The individuals involved with the physical restraint/seclusion shall complete the District Restraint/Seclusion Incident Report as soon as possible after the incident. 

E. The building administrator or designee will send written notification to the parent/ guardian within two school days following the use of restraint or seclusion. 

F. Each staff member involved in a physical restraint/seclusion incident will engage in a de-briefing session. The purpose of the de-briefing session is to determine what could have been done to prevent this incident and the prevention of future use of physical restraint or seclusion for this student. 

X. Annual Review, Planning Process and Oversight

A. A District administrator or designee will be designated as the coordinator of data, planning and oversight of the use of physical restraint or seclusion procedures in the District.

B. The District shall establish or use a standing committee to conduct an annual review of all individual and program-wide data associated with this Rule. 

C. Upon review of the data, the committee shall identify any issues and/or practices that require further attention and provide written recommendations to the Superintendent for changes in policies or practices.

D. The committee can recommend review of the training program to ensure the most current knowledge and techniques are reflected in the District training curriculum.

E. A designated member of this committee will be responsible to submit necessary data on physical restraints and seclusions as requested by the Nebraska Department of Education or other agencies.

XI. Definitions

A. Chemical Restraint. Use of medications to control behavior.

B. De-escalation. Causing a situation to become more controlled, calm and less dangerous, thus lessening the risk for injury to someone. 

C. Behavioral Assessment. Ongoing process of gathering information that can be used to hypothesize about the function of student behavior. The analysis provides the information necessary to develop a behavior plan. 

D. Imminent. Likely to happen right away; within a matter of minutes.

E. Mechanical Restraint. Use of any device or object (e.g., tape, ropes, straps, weights, or weighted blankets) to limit an individual’s body movement so as to prevent or manage out-of-control behavior. 

1. Medically prescribed devices for which the purpose is to compensate for orthopedic weaknesses, to protect from falling or to permit the student to participate in activities at school are not considered to be mechanical restraints when recommended by an occupational or physical therapist, physician, physician assistant, advanced practice registered nurse, or nurse for purposes of this Rule. 

2. Educationally recommended devices included in a student’s IEP at the recommendation of appropriate certificated and/or licensed personnel are not considered to be mechanical restraints for purposes of this Rule.

3. Vehicle restraints, or other restraints used by sworn law enforcement officers are not considered to be mechanical restraints for purposes of this Rule.

F. Physical Restraint. Any method of one or more persons restricting another person’s freedom of movement, physical activity, or normal access to his/her body. Physical restraint, for purposes of this Rule, does not include:

1. Taking away a weapon (such as a knife or gun).

2. Breaking up a fight.

3. Physical prompts provided in the course of instruction.

4. Applying minimal physical contact when escorting a student from one location to another. 

5. Allowable physical force pursuant to District Rule 5495.1 (III).

6. Allowable physical contact pursuant to District Rule 5495.1 (IV).

G. Physical Restraint and Seclusion Training. Training provided to selected staff members which addresses how to deal with aggressive, violent or out of control behavior, including specific techniques for physical restraint and seclusion. The curriculum should meet any applicable regulatory guidelines for such training and result in certification of the individuals who complete the training.

H. Prevention and Conflict De-escalation Training. Training which is provided broadly to school staff on how to prevent, defuse and de-escalate potential behavioral emergency situations.

I. Prone Physical Restraint. The person is being held face down lying on their stomach on a horizontal surface such as the floor.

J. Seclusion. Student is placed in a location where they are alone, and where they are physically prevented from leaving that environment. 

K. Supine Physical Restraint. A person is being held face up on their back on a horizontal surface such as the floor.

L. Time Out(s). Continuum of behavioral strategies to reduce inappropriate behavior by removing a student’s access to positive reinforcement in the normal school setting. 

M. Significant Imminent Risk of Injury. Situation where there is serious, imminent threat of bodily harm and where there is the immediate ability to enact such harm.

N. Staff Trained in Restraint and Seclusion. Individuals who successfully complete and maintain certification in a training program that results in acquisition of skills to prevent physical restraints, evaluate risk of harm in an individual situation, use approved physical restraint and seclusion techniques, and monitor the effect of the physical restraint or seclusion.

Date of Adoption
February 21, 2011
Date of Revision
November 19, 2018

5510: Freedom of Expression

5510: Freedom of Expression holly Thu, 07/11/2019 - 14:58

Students are encouraged to freely express their opinions and ideas provided, however, that due regard is given to good taste, District Policy and Rule, and the District's need to provide a learning environment free from substantial disruption, material interference, and injury to the rights of others.

Date of Adoption
July 5, 1988
Date of Revision
April 21, 1997
April 2, 2001
July 10, 2017
Reaffirmed
June 1, 2009
January 20, 2020

5510.1: Freedom of Expression

5510.1: Freedom of Expression holly Thu, 07/11/2019 - 15:00

I. Prohibited Expressions. Students have the right to freely express their opinions and ideas under the First Amendment. This right, however, is not unlimited, and students are prohibited from using the following types of expression:

A. Vulgar or obscene. Vulgar or obscene expressions are those which the average person, applying contemporary community standards, would find that when taken as a whole, appeal to prurient interests; or, the expressions depict or describe in a patently offensive way sexual conduct in a manner prohibited by applicable law; or, the expressions, taken as a whole, lack serious literary, artistic, political, or scientific value. 

B. Defamatory. Expressions shall be considered defamatory when they include libelous falsehoods about individuals. In order to be defamatory, the libelous falsehood must be made with actual malice; that is, with the knowledge that it is false or with reckless disregard of whether or not it is false. 

C. Invasion of privacy of others. Invasion of privacy includes exploitation of an individual's personality; providing information of an individual's private affairs with which the public has no legitimate concern; or wrongful intrusion into an individual's private activities in a manner that can cause mental suffering, shame, or humiliation to a person of ordinary sensibilities. 

D. Criticism of school officials or advocation of violation of District Policies or Rules. Such expressions are prohibited to the extent that there is evidence that supports a reasonable judgment that substantial disruption of or material interference with the normal operation of the school or school activities will result, as provided in Section I (F) below.

E. Discriminatory. Expressions which attack or promote discrimination against groups or individuals on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity, marital status, disability, or age.

F. Substantial disruption or material interference with the educational process. Such expressions are prohibited when there is information which causes school administrators to reasonably forecast that a substantial disruption of or material interference with the normal operation of the school or school activities may occur, or injury to persons, damage to property, or interference with the rights of others may result if permitted. 

G. Highly controversial. Expressions that are highly controversial and advance or advocate a certain viewpoint or lifestyle, which has an inflammatory effect. An indication of whether something is controversial is whether the topic would reasonably offend some groups or would be shocking to teachers, parents, and/or students. To be prohibited under this subsection, the expression must substantially disrupt or materially interfere with the educational process.

H. Sexual harassment. The expression violates District Rule 5010.1 or constitutes prohibited sexual harassment.

II. Buttons, Badges, and Armbands. It will be a violation of this Rule if expressions prohibited under the preceding Section I of this Rule are contained on buttons, badges, armbands, or clothing, or are in some other manner displayed by a student or student group.

III. Bulletin Boards, Distribution of Printed Material, and Circulation of Petitions. It will be a violation of this Rule if expressions prohibited under Section I of this Rule are contained on a bulletin board, printed material, poster, e-mail, class assignment, or any other written or electronic medium.

IV. Request for Hearing. Any student or student group believing that the District has unfairly abridged the student’s or student group’s freedom of expression, may request a review of the perceived abridgment. The following procedures shall be followed by the student or student group and the District:

A. The student or student group shall make a written request to the school principal or principal's designee. The written request will include the expression that the student or student group believes is being abridged. 

B. The principal or principal's designee shall schedule a meeting within five (5) school days of receipt of the written request. The meeting will consist of the principal or principal's designee, the student or representative of the student group and, if desired by the student or student group, the student's or student group's representative's parent.

C. Within two (2) school days of the meeting, the principal or principal's designee shall make a written determination of whether or not the student or student group's freedom of expression has been unfairly abridged. The written determination shall be mailed to the student or student group's representative's home address. 

D. If the student or student group is dissatisfied with the principal's or principal's designee's determination, the student or student group may appeal the determination by making a written appeal to the Superintendent within five (5) school days of receipt of the principal's or principal's designee's determination. The appeal shall consist of the following:

1. The student's or student group's written request to the principal;

2. The principal's or principal's designee's written determination; and 

3. A statement of why the student or student group believes that the determination of the principal or principal's designee is in error. 

E. The Superintendent or Superintendent's designee may schedule a meeting with the student or a representative of the student group if the Superintendent or Superintendent's designee deems it necessary or desirable. Within five (5) school days of receipt of the appeal, the Superintendent or Superintendent's designee shall make a written disposition of the appeal. The written disposition shall be mailed to the student's or student group's representative's home address. The decision of the Superintendent or his/her designee shall be final.

Date of Adoption
April 21, 1997
Date of Revision
April 2, 2001
June 7, 2004
September 4, 2012
January 20, 2020
November 16, 2020
Reaffirmed
June 1, 2009

5510.2: Bulletin Boards, Printed Materials and Petitions

5510.2: Bulletin Boards, Printed Materials and Petitions holly Thu, 07/11/2019 - 15:05

I. Bulletin Boards. The building principal shall have direct control over the use of bulletin boards and may designate certain bulletin boards for school announcements. Ample bulletin board space shall be provided for the use of student organizations. Space may also be made available for notices relating to out-of-school activities. A. Bulletin boards shall be used by curriculum related student clubs and non- curriculum student groups only to disseminate information about and/or notices of meetings and activities of the clubs or groups. 

B. The following limitations apply to all bulletin board postings: 

1. No notices or other materials shall be posted on a bulletin board which contains subject matter within the restricted categories of District Rule 5510.1. 

2. Identification of the student or student group issuing same shall be required on any posted notice. 

3. The school shall require that notices or other communications be dated at posting and that such materials be removed after the notice is no longer timely and in no event later than two (2) weeks after being posted. 

II. Distribution of Printed Material and Circulation of Petitions. Students may be permitted to distribute handbills, leaflets, and other printed material and to collect signatures on petitions concerning either school or out-of-school issues, whether such materials are produced within or outside the school, in accordance with the following regulations: 

A. The time of such activity shall be limited to periods before school begins, after dismissal, and during lunch time, and such activity shall be in areas designated by the principal, if such limitations are necessary to prevent interference with the school program. 

B. The place of such activity shall be reasonably restricted so as to permit the normal flow of traffic within the school, at exterior doors, and in such a manner not to create a safety hazard. 

C. The activity shall be conducted in such a manner so as to prevent levels of noise which interfere with the use of the building for school purposes, and to prevent the use of coercion in obtaining signatures on petitions. 

D. The school shall require that all printed materials and petitions distributed or circulated on school property bear the name of the sponsoring student or student club. 

E. The school shall prohibit the distribution of all printed materials and petitions within the restricted categories of District Rule 5510.1. 

III. Request for Hearing. Any student or student group believing that the District has unfairly abridged the student’s or student group’s freedom of expression under this Rule, may request a review of the perceived abridgement pursuant to the procedures in District Rule 5510.1 (IV). 

Date of Revision
August 20, 1990
April 2, 2001
Reaffirmed
June 1, 2009
January 20, 2020

5520: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings

5520: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings holly Thu, 07/11/2019 - 15:08

The District shall not deny equal access or a fair opportunity to, and shall not discriminate against any District secondary school students who wish to conduct a non-curriculum related student group meeting on school premises and during non-instructional time, on the basis of the religious, political, philosophical, or other content of the speech at such meeting. Such meetings shall comply with the rules established by the District and the building principal.

Date of Revision
August 20, 1990
April 2, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5520.1: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings

5520.1: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings holly Thu, 07/11/2019 - 15:10

I. General Statement. The District shall provide equal access or a fair opportunity to, and shall not discriminate against, any District secondary school students who wish to conduct a non-curriculum related student group meeting on school premises and during non-instructional time, on the basis of the religious, political, philosophical, or other content of the speech at such meeting. 


II. Rules Governing Applications for Equal Access by Non-Curriculum Related Secondary School Student Groups. 

A. District secondary school students who desire to use District premises for a non-curriculum related student group meeting, must file a written application on forms provided by the District, with the building principal. The application shall include the name of the student group, the specific purpose of the student group, the proposed activities of the meeting, and the names of the students who are authorized on behalf of the student group to submit the application, who will be responsible for any damage to school property, and with whom the building principal can communicate with regard to the applicable rules and any violations thereof. All such applications must be initiated by District secondary school students. 

B. The application must be submitted at least three (3) days before the date of the requested use. Applications may be for periodic dates, or for more than one (1) date, or for continued use, but the application shall not exceed the current school year. 

C. If the application is approved, the building principal shall designate and assign the rooms or other facilities to be used for the student group meeting or meetings, and if the application is for more than one (1) date, the building principal may establish such other reasonable conditions as may be appropriate for the scheduling of the use of rooms or other facilities. 

D. An application shall not be denied on the basis of the religious, political, philosophical, or other content of the speech at the meeting. An application may be denied when there exists a reasonable likelihood of material and substantial interference with the orderly conduct of educational activities within the school, or if the meeting or any expected activities of the student group at the meeting are or will be in violation of any law or ordinance. 

E. The approval of an application may be temporarily or permanently terminated by the building principal, if the student group materially and substantially interferes with the orderly conduct of educational activities within the school, if the activities of the student group violate any law or ordinance, if the student group has abused school property, or if the student group violates any provisions of this Rule. 

F. If a student’s or student group’s application is denied or temporarily or permanently terminated, the student or student group may request a hearing in accordance with the provisions of Section VI hereinafter. 

III. Rules Governing Meetings. 

A. The meetings of non-curriculum related secondary school student groups shall be held at assigned times during the non-instructional times either before actual classroom instruction begins or after actual classroom instruction ends. 

B. Student participation in the meetings of non-curriculum related secondary school student groups shall be voluntary and shall be limited to those individuals who are then currently enrolled as students at the school. 

C. Non-school persons may not direct, conduct, control, or attend the meetings of non-curriculum related secondary school student groups. 

D. The building principal may appoint a District employee to serve as a monitor for such meetings. The monitor shall be responsible for monitoring such meetings so as to assure that attendance is voluntary, that the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school or violate any law, ordinance, or provisions of this Rule, that school property is not abused, and that order and discipline are maintained. Monitors shall attend such meetings only in a non-participating capacity. No District employee shall be compelled to be a monitor for any such meeting if the content of the speech at the meeting is contrary to the beliefs of the employee. 

E. The meetings of non-curriculum related secondary school student groups shall not be sponsored by the school, District, or District employees or agents. 

IV. Athletic Activities. The use of District buildings or facilities for athletic activities or contests shall not constitute a meeting of a non-curriculum related secondary school student group for which equal access is provided under this Rule. 

V. Access to Bulletin Boards, Public Address System, and Newspaper. Non- curriculum related secondary school student groups shall have equal access to the use of the building’s bulletin boards, public address system, and school newspaper, for the publication of notices about the meetings of such student groups. Access to the public address system shall be at the times prescribed for such announcements by the building principal. Access to space in the school newspaper shall be on an as available basis. Access to bulletin boards shall be provided in accordance with District Rule 5510.2(I). 

VI. Request for Hearing. Any student or student group believing that the District has denied the student or student group equal access under this Rule may request a review of the perceived denial pursuant to the procedures in District Rule 5510.1(IV).

Date of Revision
August 20, 1990
April 2, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5530: Respect for Religious Beliefs and Customs

5530: Respect for Religious Beliefs and Customs holly Thu, 07/11/2019 - 15:13

Religious beliefs of individuals and the preservation thereof shall be respected by all District personnel. Students holding few or no religious beliefs shall have this right respected equal to the respect bestowed upon those students possessing a specific set of religious beliefs.

Date of Revision
July 20, 1992
May 21, 2001
July 10, 2017
Reaffirmed
June 1, 2009
April 15, 2024

5530.1: Recognition of Religious Beliefs and Customs and Exclusion from Participation

5530.1: Recognition of Religious Beliefs and Customs and Exclusion from Participation holly Thu, 07/11/2019 - 15:16

I. Respect for Religious Beliefs and Customs

All District personnel shall respect the private religious beliefs and customs of students. 


II. Exclusion from Participation

If any school program, practice or instruction infringes upon a student’s religious beliefs or customs, then upon written request for exclusion by the student’s parent or guardian, such student may be excused by the principal from participation in that part of the program, practice or instruction which infringes upon the student’s religious beliefs or customs. 

Date of Revision
August 20, 1992
May 21, 2001
July 10, 2017
Reaffirmed
June 1, 2009
April 15, 2024

5550: Open/Closed Campus

5550: Open/Closed Campus holly Thu, 07/11/2019 - 15:19

Students shall attend school from the beginning of each school day until the end of each school day, unless otherwise excused in accordance with District Policy or Rule.

Students, after arrival for morning classes will not, without permission of the principal or the principal’s designee, leave the campus for any purpose until they have completed their school requirements for the day. Exceptions may be granted as provided by District Policy or Rule.

Date of Revision
December 20, 1993
March 16, 1998
April 24, 2000
February 6, 2017
Reaffirmed
June 1, 2009
September 25, 2023

5550.1: Open/Closed Campus

5550.1: Open/Closed Campus holly Thu, 07/11/2019 - 15:22

I. Students who are enrolled and attending school within the District are required to attend school each day from the beginning of the school day until the end of the school day unless otherwise excused as provided by law or District Policy or Rule. 


“Open Campus” as used herein shall refer to those school buildings wherein those students attending school within the District may be permitted to leave the school grounds during the school day. 

II. Elementary and Middle Schools 

A. Elementary and middle school students will not be permitted to leave school during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule. 

B. Parents or guardians of elementary or middle school students may request that their child be permitted to leave school for lunch. Such request must be written and submitted to the school principal or the principal’s designee, and such request will normally be granted if the student is able to leave and return to school without missing any class time. 

III. High Schools 

A. Ninth and Tenth Grades. Campuses for ninth and tenth grades are closed, and students will not be permitted to leave school during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule. 


B. Eleventh Grade. Modified Open Campus at Lunch Privileges. Eleventh grade students in good standing who have the written consent of their parents or guardians may leave the school grounds during their lunch period only. Such students must remain at school during all other time periods during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule.


Good standing is defined as maintaining passing grades in all courses and attending school for 90% or more of the school days available in a quarter.

Modified Open Campus Privileges may be revoked by the building principal or designee at any time for excessive tardies, absences, or behavior infractions.

Eleventh grade students enrolled in a Blended Learning Course who have the written consent of their parents or guardians and who maintain above average standing in the course (defined as above an 85% or higher in the course) may leave the school grounds during the Blended Learning Course period(s) only on days when they are not required by the teacher to be in a face-to-face
session.

C. Twelfth Grade. Open Campus Privileges. Twelfth grade students who have the written consent of their parents or guardians may leave the school grounds during time periods when they have no classes scheduled, including lunch periods. Such students must remain at school during all other time periods during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule. Seniors must take a minimum of four classes (two block periods) each semester. 

Open Campus Privileges may be revoked by the building principal or designee at any time for excessive tardies, absences, or behavior infractions.

D. Part-time Students (students who have completed a four-year cycle). Part-time students will develop a schedule with the building principal to meet their remaining graduation requirements. 

E. Parents' Revocation. Parents or guardians of twelfth grade students may revoke their written consent permitting students to leave school at any time. 

IV. Parental Request for Student Absence. Parents or guardians may make a written request to the school principal or principal's designee to allow a student to leave school if there are unusual circumstances that would justify a student leaving school. 

V. Disciplinary Action. Upon the recommendation of the administration, the District may initiate the suspension and expulsion procedures set forth in District Rule if a student violates the provisions of this Rule.

Date of Adoption
December 20, 1993
Date of Revision
March 16, 1998
April 24, 2000
July 15, 2001
February 6, 2017
January 20, 2020
May 17, 2021
September 25, 2023
Reaffirmed
June 1, 2009

5600: Student Health

5600: Student Health holly Fri, 07/12/2019 - 08:00

The District will provide an environment that promotes healthy conditions for students which is intended to: eliminate or minimize the risk of obtaining an infectious disease or illness; identify safety concerns for the purpose of eliminating accidents; respond to life-threatening asthma and systemic allergic reactions; prevent unauthorized use of medications on school grounds or at school activities; keep relevant medical information in order to respond to medical emergencies; and comply with applicable laws and regulations concerning student health and safety.

Date of Adoption
February 4, 1974
Date of Revision
November 20, 1995
December 4, 2000
December 15, 2003
July 10, 2017
Reaffirmed
June 15, 2009
July 8, 2019

5600.1: Injury and Illness

5600.1: Injury and Illness holly Fri, 07/12/2019 - 08:03

 

I. Injury. In cases of student injury, the following procedures will be implemented:

A. The student will be made comfortable and not moved until attended by District personnel who have been trained in first aid. The principal, school nurse, or health aid will be notified.

B. Call 911 immediately when in the judgment of the principal, the school nurse, or a staff member trained in first aid, the injury requires the attention of emergency medical personnel. District personnel will remain with the student whenever practical until relieved or excused by emergency medical personnel.

C. Unless the injury is of a minor nature that does not require first aid, the student's parents or guardian will be notified.

1. When the parents or guardian are notified of injuries resulting from an accident, they will be told what has happened and what has been done.

2. In addition, the parents or guardian will be given any other relevant information that the District possesses.

3. If the parents or guardian cannot be reached, the student's emergency contact person will be notified.

D. An accident resulting in injury considered to be more than minor in nature requires the completion of a District accident report and the incident will be reported to the building principal or nurse and the Director of Student Services.

II. Illness. In cases of student illness, the following procedures will be implemented:

A. Call 911 immediately when in the judgment of the principal, the school nurse, or a staff member trained in first aid, the illness requires the attention of emergency medical personnel. District personnel will remain with the student whenever practical until relieved or excused by emergency medical personnel or when trained District personnel respond in accordance with procedures for life-threatening asthma attacks and systemic allergic reactions and they are relieved by emergency medical personnel.

B. Unless the illness is of a minor nature that does not require first aid, the student's parents or guardian will be notified.

1. When the parents or guardian are notified of an illness, they will be told what has happened and what has been done.

2. In addition, the parents or guardian will be given any other relevant information that the District possesses.

3. If the parents or guardian cannot be reached, the student's emergency contact person will be notified.

C. Except in cases of minor illnesses, illnesses will be reported to the building principal or nurse and the Director of Student Services.

III. Definitions.

A. Emergency medical personnel. Emergency medical personnel shall mean medical personnel who can respond to a medical emergency.

B. Minor injury. Minor injury shall mean an injury which does not require the attention of a physician, an advanced practice registered nurse, or a physician's assistant; is not life threatening; does not pose a health risk,; and can be effectively treated with first aid which can be performed by a school nurse or a health aid who has been trained in first aid.

C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

D. Advanced practice registered nurse. Advanced practice registered nurse shall mean individuals who are licensed and practicing under and in accordance with the Advanced Practice Registered Nurse Act.

E. Physician assistant. Physician assistant shall mean individuals who are 
licensed under Neb. Rev. Stat. §§ 38-2046 through 38-2055 to perform medical services under the supervision of a licensed physician.

Date of Adoption
February 4, 1974
Date of Revision
November 20, 1995
December 4, 2000
December 15, 2003
June 15, 2009
May 4, 2014
July 8, 2019

5600.2: Possession and Use of Medication

5600.2: Possession and Use of Medication holly Fri, 07/12/2019 - 08:09


I. General Statement. Prescribed medication shall not be brought to school unless the written directions of a physician, physician assistant, or advanced practice registered nurse state that the prescribed medication must be taken during school hours or during school activities.

II. Rules for all Medications.

A. Preschool, Elementary and Middle School Levels. The following rules shall apply to the use, application, and transportation of all medications at the preschool, elementary school, and middle school levels.

1. Non-Prescribed Medication. A written authorization must be signed by the student's parents or guardian and filed with the school nurse or principal permitting the use of non-prescribed medication.

2. Prescribed Medication. The student or the student's parents or guardian must provide the school nurse or principal with a written order of a physician, physician assistant, or advanced practice registered nurse that prescribes the type and amount of medication. A current prescription label will satisfy the requirements of this paragraph. In addition, a written authorization permitting the use of medication must be signed by the student's parents or guardian and filed with the school nurse or principal.

3. Taking of Non-Prescribed and Prescribed Medication. The ingestion, taking, or application of non-prescribed and prescribed medications, including nebulizers, shall be performed under the direct supervision and observation of the school nurse, principal, or principal's designee, who shall have successfully completed a District competency assessment pursuant to the Medication Aide Act and applicable state rules and regulations, will be administered as directed on the manufacturer’s label, as directed by the student's physician, physician assistant, or advanced practice registered nurse. The school nurse or health room paraprofessional may assist a student with eye drops or eardrops if the school nurse or health room paraprofessional deems it appropriate or the student is unable to effectively administer such. If the student’s parents or guardian have given written authorization, students will be allowed to possess and/or ingest glucose tablets as needed anywhere on school grounds.

4. Homeopathic Substances, Herbs, and Vitamins. Homeopathic substances, herbs, and vitamins shall not be administered by school staff unless prescribed by a physician, physician assistant, or advanced practice registered nurse and dispensed by a pharmacist or other person authorized by law. Homeopathic substances, herbs and vitamins, whether prescribed or non- prescribed, shall be subject to the same restrictions and requirements as prescribed medications.

5. Transporting Medications to and from School.

a. Preschool and Elementary Schools. In the preschool and elementary schools, students shall not be allowed to transport non-prescribed or prescribed medications to and from school with the exception of glucose tablets. Elementary school students may possess and use inhalers according to the provisions of Section II(F)(1) of this Rule. Non-prescribed or prescribed medications must be transported by the student’s parents or guardian or by an adult designated in writing by the parents or guardian, and must be delivered to the school nurse, principal, or the principal’s designee.

b. Middle School. Middle school students shall not be allowed to transport prescribed medications to and from school with the exception of glucose tablets. Middle school students may possess and use inhalers according to the provisions of Section II(F)(1) of this Rule. Prescribed medications must be transported by the student’s parents or guardian or by an adult designated in writing by the parents or guardian. Non- prescribed medications may be transported by middle school students to and from school but must be delivered to the school nurse, principal, or the principal’s designee.

B. High School. The following rules shall apply to the use and application of medications at the high school level.

1. Non-Prescribed Medication. No written authorization shall be required for non-prescribed medication. However, if a teacher, principal or school nurse observes frequent or inappropriate use by a student of non-prescribed medication, the school may require the following:

a. Written authorization by the student's parents or guardian permitting the possession and use of the non-prescribed medication; and/or

b. A written statement signed by a physician, physician assistant, or advanced practice registered nurse permitting the use of the non-prescribed medication.

2. Prescribed Medication. If prescribed medication is to be ingested, taken or applied, the following shall be required:

a. The medication shall be delivered to the school nurse, principal, or principal's designee;

b. A written authorization signed by the student's parents or guardian permitting the possession and use of the medication shall be filed with the school nurse or principal;

c. The school nurse or principal shall be provided with the written order of a physician, physician assistant, or advanced practice registered nurse prescribing the medication, and its dosage; and

d. The ingestion, taking or application of prescribed medication, including nebulizers, shall be performed under the direct supervision and observation of the school nurse, principal, or principal's designee, who shall have successfully completed a District competency assessment pursuant to the Medication Aide Act and applicable state rules and regulations, and as directed by the physician, physician assistant, or advanced practice registered nurse. If the student’s parents or guardian have given written authorization, students will be allowed to possess and/or ingest glucose tablets as needed anywhere on school grounds and to possess and administer inhalers according to the provisions of Section II(F)(1) of this Rule.

3. Homeopathic Substances, Herbs, and Vitamins. Homeopathic substances, herbs, and vitamins shall not be administered by school staff unless prescribed by a physician, physician assistant, or advanced practice registered nurse and dispensed by a pharmacist or other person authorized by law. Homeopathic substances, herbs and vitamins, whether prescribed or non- prescribed, shall be subject to the same restrictions and requirements as prescribed medications.

C. Administration of Injections. Only school nurses and school personnel who have been trained to administer the Epi-Pen or Glucagon and are giving injections in emergency life-saving situations may administer injections at school.

1. Glucagon Injections. If a student requires administration of Glucagon in an emergency diabetic attack, school personnel will call 911. The Glucagon will be provided by the student’s parents or guardian. School personnel other than the school nurse may administer Glucagon injections only in emergency situations if they are trained by qualified personnel.

2. Epi-pen Injections. Students may use/carry Epi-Pens without supervision or monitoring by the school nurse or principal. The Epi- Pen must be a prescribed medication and the school nurse or principal shall have received written permission from the student’s parents or guardian as well as a written order from a physician, physician assistant, or advance practice registered nurse. All other injections that are given in response to an emergency should be given by a school nurse if available. An emergency medical unit and the student's parents or guardian shall be called.

3. Other Injections. If a student requires any injections during the school day, students may administer injections in the nurse’s office or an area designated by the principal or the principal’s designee. Parents may request that a school nurse administer injections if the student is incapable of self-administration. Parents shall submit requests to the Director of Student Services.

D. Record Keeping.

1. Authorization and Medical Directions File. The school nurse, principal, or principal's designee for each school shall keep a file which shall contain the following:

a. All authorizations required under this Rule;

b. All orders or instructions from a physician, physician assistant, or advanced practice registered nurse;

c. The dates that authorizations and/or orders of a physician, physician assistant, or advanced practice registered nurse are received; and

d. The date that medication is delivered to the nurse, principal, or principal's designee.

2. Daily Medication Documentation. In each school, a daily medication log shall be kept which shall contain the following:

a. The student's name;

b. The type of medication the student is authorized to have;

c. The dosage or directions for ingestion, taking, or application of the medication;

d. The name of the person supervising the student who is taking the medications

e. The time the medication is administered; and

f. Any refusal by the student to take and/or receive the medication.

E. Medical Information to be Provided to the District.

1. Medical Allergies, Seizures, and Susceptibility to Illness. If a student is either allergic to a certain medication or is prone to seizure or other illness, the student's parents, guardian, physician, physician assistant, or advanced practice registered nurse shall provide the District, in writing, with the following information on or by the first day of school:

a. The name of the medications to which the student is allergic;

b. The serious illnesses to which the student is susceptible; and

c. If the student is susceptible to an illness, what steps are to be taken by school personnel in the event the illness occurs.

2. Injections for Medical Emergencies. If a student is required to receive an injection for a medical emergency, the student's parents, guardian, physician, physician assistant, or advanced practice registered nurse shall notify the school, in writing, and provide the following information on or by the first day of school:

a. The name of the medication and its dosage; and

b. The method of administration (subcutaneous, intramuscular, intravenous, etc.).

F. Miscellaneous Provisions.

1. Inhalers. Students may use/carry inhalers without supervision or monitoring by the school nurse or principal. The inhaler must be a prescribed medication and the school nurse or principal shall have received written permission from the student's parents, guardian, as well as a written order from a physician, physician assistant, or advanced practice registered nurse. This statement shall also include directions of appropriate inhaler usage. If school personnel observe a student using an inhaler in excess of the directions on the inhaler or with a frequency which would be considered unreasonable, it shall be reported to the school nurse or principal in which case the student's use of the inhaler shall be supervised by the school nurse or principal.

2. Containers. All medication shall be kept in its original container with its original label which describes the ingredients of the contents, recommends dosages, and provides appropriate warnings. The label must be legible and be written in English, or provide English translations.

3. Custody and Storage. All medication delivered to the school nurse or principal shall be stored in a container or refrigerator in the nurse's office, principal's office, or other area designated by the school principal. The storage area shall either be locked or under the control of a designated school employee.

4. Quantity. No more than a thirty (30) day supply of prescribed medication shall be provided and delivered to the school by the student, student's parents or guardian, unless there is a written order by a physician, physician assistant, or advanced practice registered nurse requiring a greater supply.

5. Transfer to Other Students. Students are prohibited from transferring, delivering, or receiving any medication to or from other students. Violation of this subsection will authorize the confiscation of the medication by the District, and subject the students to discipline.

6. Finger Stick Blood Test. Students who have been taught finger stick blood tests shall follow those procedures that they have been taught. Parents of students who have diabetes, and/or students who have diabetes, should notify the school nurse or principal at the beginning of the school year that the student is diabetic, and should provide the school nurse or principal with all information required under this Rule. Students may administer the finger stick blood test in the nurse’s office or in another area designated by the principal or the principal’s designee.

III. Student Discipline. If a student violates a provision of this Rule, the student shall be subject to discipline.

A. In addition, where appropriate, the following people shall be immediately notified of a violation of this Rule:

1. The school nurse, principal, or principal's designee;

2. The student's parents or guardian; and

3. The physician, physician assistant, or advanced practice registered nurse prescribing the medication if deemed necessary.

B. While notifications are being given, the student shall remain in the custody of the school nurse, principal, or principal's designee until necessary notifications have been made and until actions have been taken to eliminate any possible threat to the student or other students.

1. If medications have been improperly dispensed or ingested by the student or other students, the student’s physician, physician assistant, or advanced practice registered nurse shall be requested to give the proper medical directions to be followed by the school staff. Unless otherwise directed by the physician, physician assistant, or advanced practice registered nurse, the school nurse, and principal or principal’s designee shall determine what action if any shall be followed to insure the student(s)’ safety.

2. If the physician, physician assistant, or advanced practice registered nurse cannot be reached and the school nurse or principal determines that an emergency exists, emergency medical personnel shall be immediately called. The parents or guardian shall be notified of any action being taken.

IV. Definitions.

A. Emergency medical personnel. Emergency medical personnel shall mean medical personnel who can respond to a medical emergency.

B. Medication. Medication shall be broadly defined and shall include:

1. All prescribed medications, over the counter and other non- prescribed medications, and all chemical substances, compounds, homeopathic substances, herbs, vitamins, and/or devices, which purport to aid in a person’s health or well-being or are intended for use in the diagnoses, cure, mitigation, treatment, or prevention of diseases, or are intended to affect the structure or any function of the body; and

2. Any device, instrument, apparatus, implement, machine, 
contrivance, implant, or other similar or related article, including any component part or accessory, which is prescribed by a physician, physician assistant, or advanced practice registered nurse and dispensed by a pharmacist or other person authorized by law.

C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulations and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

D. Advanced practice registered nurse. Advanced practice registered nurse shall mean individuals who are licensed and practicing under and in accordance with the Advanced Practice Registered Nurse Act.

E. Physician assistant. Physician assistant shall mean individuals who are licensed under Neb. Rev. Stat. §§ 38-2046 through 38-2055 to perform medical services under the supervision of a licensed physician.

F. Qualified personnel. Qualified personnel shall mean individuals who have met an educational or legal requirement necessary to administer emergency injections.
 

Date of Adoption
February 5, 1990
Date of Revision
November 20, 1995
December 4, 2000
March 3, 2003
April 21, 2003
December 15, 2003
October 3, 2005
August 7, 2006
June 15, 2009
May 5, 2014
July 8, 2019

5600.3: Physical Examination, Visual Evaluation, Immunization, and Inspection

5600.3: Physical Examination, Visual Evaluation, Immunization, and Inspection holly Fri, 07/12/2019 - 08:14


I. Physical Examination and Visual Evaluation. Prior to the entrance of any student into kindergarten and the seventh grade or, in the case of a transfer from out of state, to any other grade in any District school, the parents or guardian must submit written evidence of a physical examination of the student by a physician, physician assistant, or advanced practice registered nurse.

A. The physical examination must have been performed within six (6) months of the date of enrollment. Either a completed, signed and dated physical exam report, or a printed or typewritten form signed by a qualified examiner indicating that a physical examination was administered on a specific date within the previous six (6) month period for the named student, constitutes sufficient evidence of compliance.

B. The cost of such physical examination is to be borne by the parents or guardian of each child examined.

C. No physical examination shall be required of any student whose parents or guardian objects thereto in writing.

D. All kindergartners and out of state transfer students will be required to submit written evidence of a visual evaluation by a physician, physician assistant, advanced practice registered nurse, or optometrist within six (6) months prior to admission. The visual evaluation shall consist of testing for amblyopia, strabismus, and internal and external eye health, with testing sufficient to determine visual acuity. A visual evaluation report that is signed and dated by a qualified examiner and including at a minimum the specific required tests, constitutes sufficient evidence of compliance. No such visual evaluation shall be required of any child whose parent or guardian objects in writing. The cost of such visual evaluation shall be borne by the parent or guardian of each child who is examined.


II. Immunization. All students by law are required to be protected by immunization against measles, mumps, rubella, varicella (chicken pox), poliomyelitis, diphtheria, pertussis, tetanus, Haemophilus influenza type b (Hib), Hepatitis B, and and invasive pneumococcal disease (for students 2-5 years of age), prior to enrollment and in accordance with the immunization standards prescribed in Title 173, Nebraska Administrative Code, Chapter 3-008.


A. Any student who does not comply with this provision shall not be permitted to continue in school until the student complies unless the student falls within the two (2) exceptions contained in this Rule.

B. Unless exempted by state law, the cost of such immunization shall be borne by the parents or guardian of each student who is immunized or by the Department of Health and Human Services for those students whose parents or guardian are unable to meet such cost.

C. Immunization shall not be required for enrollment if either of the following is submitted to the District:

1. A statement signed by a physician, physician assistant, or advanced practice registered nurse stating that, in the health care provider's opinion, the immunizations required would be injurious to the health and well-being of the student or any member of the student's family or household; or

2. A notarized affidavit signed by the student or, if the student is a minor, by a legally authorized representative of the student, stating that the immunization conflicts with the tenets and practice of a recognized religious denomination of which the student is an adherent or member or that immunization conflicts with the personal and sincerely followed religious beliefs of the student.

3. The physician's statement or affidavit shall be kept in the student's file.

D. A student may be provisionally enrolled in the District in the following circumstances:

1. The student has begun the immunizations required by state law and the student is receiving the necessary immunizations as rapidly as is medically feasible and in accordance with the requirements of Title 173, Nebraska Administrative Code, Chapter 3-010.02; or

2. The student is the child or legal ward of an active member of any of the military services of the United States or of his or her spouse, and the student is enrolling in the District following residence in another state or in a foreign country, and the parents or guardian of the student provide the District with a signed written statement certifying that the student has completed the immunizations required by state law. The student’s parents or guardian must thereafter provide the District with written evidence that the student has completed the immunizations required by state law, and if such written evidence is not provided to the District within sixty (60) days of the date of the provisional enrollment, then the student shall not thereafter be permitted to continue in school until such written evidence of compliance is provided.

III. Required Evidence of Immunization. For the purposes of compliance with the immunization requirements of state law, the student’s parents or guardian shall be required to present to the District the following evidence of immunization:

A. An immunization history containing the name of the vaccine, the month and year of administration (the month, day, and year for MMR vaccine), the name of the health practitioner, the agency where the immunization was obtained, and the signature of the physician, parent, guardian, or of such other person maintaining the immunization history of the student, verifying that the student has received these vaccines; or

B. Laboratory evidence of circulating antibodies for measles, mumps, or rubella shall constitute evidence of immunity against those diseases provided the following information is supplied: name of laboratory, name of test, test result, test date, signature of laboratory technician performing the test or of the laboratory director, and date of signature.


C. For purposes of compliance with this Rule, clinical history of measles, mumps, or rubella without laboratory or epidemiologic confirmation does not constitute evidence of immunity. Epidemiologic confirmation of a diagnosis means that the clinical history of measles, mumps, or rubella is corroborated by association with laboratory proven case(s) and that such epidemiologic case(s) have been reported to and counted by the Department of Health and Human Services.

IV. Health Screenings. Students in District schools must be screened periodically for vision, hearing, and dental health. In addition, the Department of Health and Human Services prescribes height and weight measurement for the purpose of monitoring weight/height status at intervals for all students.

A. If such health screening indicates a need for further evaluation and the necessity of professional attendance, the District shall notify the parents or guardian in writing and explain the necessity for further evaluation and professional attendance for such student.


B. A student is not required to submit to health screenings if the student’s parents or guardian provide a written statement signed by a physician, physician assistant, or advanced practice registered nurse attesting that the student underwent the required hearing, vision, and/or dental screening within the last six (6) months. For height and weight screenings, the written statement must object to such screening and be signed and dated by the student’s parents or guardian and be submitted before each time such screening is conducted.


C. The District's health screenings shall be conducted during the first quarter of each school year for students then in attendance. Thereafter, as students enter the District during the year, such health screenings shall be made immediately upon their entrance.

V. Parental Notification and Opportunity to Opt out of Participation. Pursuant to the Protection of Pupil Rights Amendment, 20 U.S.C. §1232h, the District shall provide reasonable notice at the beginning of the school year, directly to the parents and guardians of students enrolled in District schools, of the specific or approximate dates of any non-emergency invasive physical examination or screening that is required as a condition of attendance and administered by the District and scheduled in advance, and which is not necessary to protect the immediate health and safety of the student or other students.

A. An invasive physical examination is any medical examination that involves the exposure of private body parts, or any act during such an examination which includes incision, insertion, or injection into the body, but does not include a hearing, vision, dental, or scoliosis screening, or any physical examination or screening permitted or required by state law.

B. Parents, guardians, and students who are eighteen (18) years old or emancipated under state law, may opt out of participation in any such invasive physical examination by providing the District with a signed written statement which declines participation in any such invasive physical examination.

VI. Physical Examinations for Student Athletes. Students participating in activities sponsored by the Nebraska Schools Activities Association, athletics, cheerleading, or dance team, shall obtain a physical examination by a physician after May 1st, and shall submit the same to the District prior to participation.

A. The requirement of the obtaining and submission of a physical examination will be in force each year a student participates in student athletics.

B. Student athletes must also be covered by accident insurance prior to participation on any team. Student athletes are eligible to purchase insurance made available by the District.

VII. Definitions.

A. Student Athletics. Student athletics shall mean extracurricular school sponsored competitive interscholastic sports.

B. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

C. Advanced practice registered nurse. Advanced practice registered nurse shall mean individuals who are licensed and practicing under and in accordance with the Advanced Practice Registered Nurse Act.

D. Physician assistant. Physician assistant shall mean individuals who are licensed under Neb. Rev. Stat. §§ 38-2046 through 38-2055 to perform medical services under the supervision of a licensed physician.

Date of Adoption
July 20, 1992
Date of Revision
November 20, 1995
December 4, 2000
July 16, 2001
December 15, 2003
May 3, 2004
June 15, 2009
May 5, 2014
July 8, 2019

5600.4: Contagious or Infectious Diseases

5600.4: Contagious or Infectious Diseases holly Fri, 07/12/2019 - 08:18


I. General Statement. If a student has symptoms of a contagious or infectious disease, such student shall be sent home immediately or as soon as safe and proper transportation can be arranged, and the District’s Director of Student Services shall be at once notified. The Director of Student Services shall notify the student’s parents or guardian and the student will be excluded from school in accordance with the provisions of this Rule.

A. Students with a contagious or infectious disease may return to school when the symptoms disappear, and when the minimum isolation period has elapsed, provided however that students with HIV disease or Hepatitis B have complied with the procedures of Section III below.

B. The isolation period shall be in accordance with rules and regulations adopted by the Department of Health and Human Services.

C. This section shall not restrict or prohibit the District's authority to otherwise limit a student's activities in school where such limitation is necessary for the health or safety of the student or others.


II. Attending School. Students diagnosed with HIV disease or Hepatitis B will be allowed to attend school without restriction unless they manifest severe or unusually aggressive behavior, such as biting, or if they have weeping skin sores that cannot be covered.

A. In such instances, the student's parents or guardian will be notified and the student will be excluded from school.

B. Immediately thereafter, a determination of the appropriate educational setting will be made by a team consisting of the school nurse, school medical advisor, student's physician, school principal and student's teacher (hereinafter "Team"). The Team shall consider the following when determining the educational setting:

1. Behavior of student;

2. Neurologic development;

3. Physical condition;

4. Existence of open sores that cannot be covered; and/or

5. Risk of transmission through normal school contacts.

C. A regular classroom setting will be provided unless, based on the considerations set forth in the preceding paragraph, it is determined that there is a risk of transmission through normal school contacts. If that risk exists, the student shall be removed from the classroom and placed in an appropriate alternate education program.

III. Removal from Classroom. A student temporarily removed from the classroom for severe or unusually aggressive behavior will be immediately referred to the aforesaid Team for assessment and the development of an appropriate program, if warranted.

A. A student temporarily removed from a classroom for weeping skin sores which cannot be covered may be provided homebound instruction, and will be re-admitted only when there is medical documentation that the risk no longer exists.

B. Removal from the classroom should not be the only response to reduce risk of transmission. The District will attempt to use the least restrictive means to accommodate the student’s needs.

C. The student may return to the classroom when the Team determines that the risk of transmission through the reasonably expected school contacts has abated.

D. The removal shall be reviewed by the Team once per month unless there is no reasonable medical need for medical review.

E. A student with HIV disease may be removed from the classroom for the student's protection when cases of life-threatening diseases (e.g., measles, chicken pox) arise in school.

1. The decision to remove the student will be made by the student's physician. The District may obtain a second opinion, at District expense, and the District will elect which opinion to follow if the District's second opinion conflicts with the student's physician's opinion.

2. In cases where the student is removed for the student's protection, the student may return to the classroom when the risk is abated.

F. The school nurse will act as a liaison between the Team members, assist the student in problem resolution and answer the student's questions, and act as the coordinator of services provided by other staff members.

IV. Privacy. The student's right to privacy shall be honored. Only those persons directly involved with a student with HIV disease or Hepatitis B will be advised of the student's condition. Such persons shall not divulge any of the information concerning the infected student to any other person unless authorized by law.

V. Handling Body Fluids. Routine procedures for handling blood, body fluids, vomitus and fecal or urinary incontinence should be followed regardless of whether there are any students with an infectious disease attending school.

VI. Definitions

A. HIV Disease. HIV disease is a severe, life threatening disease that progressively damages the immune system. The onset of clinical illness is usually insidious and characterized by nonspecific symptoms such as malaise, anorexia, fatigue, diarrhea, weight loss, lymphadenopathy, and fever. Eventually, the patient is afflicted with serious infections, frequently opportunistic. It is spread primarily by saliva, urine, blood, and semen.

B. Hepatitis B. Hepatitis B is a disease of the liver, usually has an insidious onset with anorexia, vague abdominal pain, nausea and vomiting, and occasionally joint pain and rash. Jaundice is often present, but fever may be absent or mild. It is spread primarily by saliva, urine, blood, and semen.

C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

Date of Adoption
November 20, 1985
Date of Revision
December 4, 2000
May 5, 2014
July 8, 2019
Reaffirmed
December 15, 2003
June 15, 2009

5600.5: Procedures for Life-Threatening Asthma Attacks and Systemic Allergic Reactions

5600.5: Procedures for Life-Threatening Asthma Attacks and Systemic Allergic Reactions holly Fri, 07/12/2019 - 08:26

I. Introduction.

A. With no prior notice, life-threatening asthma attacks or systemic allergic reactions (anaphylaxis) that leave only minutes to save a life could necessitate an emergency response by school personnel. To maximize the chances that such an emergency response will result in full recovery, trained designated school personnel will administer epinephrine ("Epi-Pens") and nebulized albuterol treatments ("nebulizers") according to procedures that have been approved by the District’s Director of Student Services or designee.

B. Epi-Pens and nebulizers for emergency use will be distributed to every school within the District. Each District school will have Epi-Pens and nebulizers readily accessible in the health room or other designated area. These medications will be secured in a manner approved by the Director of Student Services to prevent unauthorized access.

C. Standing orders for District emergency supplies of Epi-Pens and albuterol will be signed by at least one (1) physician from the District’s Medical Advisory Committee.

D. Selected school personnel will be trained by qualified personnel to administer emergency nebulized albuterol and Epi-Pen injections under the supervision of the registered school nurse.

E. Parents, guardians, and emancipated students will be notified on the District's Emergency Health Form that Epi-Pens and nebulizers may be administered to students for life-saving purposes.

F. If parents, guardians, and emancipated students are aware of any medical condition that causes an Epi-Pen or nebulizer to be dangerous to a student, they should indicate on the Emergency Health Form the exact nature of the danger, and provide the District with the name and address of the medical provider who has made this determination.

G. Healthcare staff will follow protocols outlined in the State of Nebraska Attack on Asthma /Allergy Action Plan.

II. Availability, Storage, Use and Destruction. Each District school will have emergency supplies of Epi- Pens and nebulizers readily accessible. The following will govern the availability, storage, and use of the same:

A. All elementary schools will have both adult and pediatric emergency Epi-Pens available.

B. Emergency supplies of Epi-Pens and albuterol will be kept current, and will be disposed of on the reaching of the recommended shelf life or when there is a color change in the epinephrine due to reaching or exceeding the expiration date or improper temperature control.

C. Unless the subject's medical condition and/or circumstances dictate otherwise, the following standing procedures for emergency response to life-threatening asthma attacks or anaphylaxis will be followed.

1. Call 911.

2. Summon the school nurse if available. If not, summon designated trained, non-medical staff to implement emergency protocol.

3. Check airway patency, breathing, respiratory rate, and pulse.

4. Administer medications (Epi-Pen and albuterol) per standing order.

a.  Administer an adult Epi-Pen IM for a child over fifty (50) pounds and Epi-Pen IM Junior for a child under fifty (50) pounds. The container for each dose and the container holding all dosages shall be marked "FOR EMERGENCY USE ONLY" in bold print.

b. Administer a nebulized albuterol, .05 percent, 0.5cc plus 2.5cc of saline administered by oral mask or mouthpiece. After the original administration, if not better, this dosage may be repeated two (2) more times. The container for individual dosages and containers holding non-individual dosages shall be marked "FOR EMERGENCY USE ONLY" in bold print.

5. Determine cause as quickly as possible.

6. Monitor vital signs (pulse, respiration, etc.).

7. Contact parents immediately and physician as soon as possible.

8. Any individual treated for symptoms with epinephrine at school will be transferred to a medical facility.

D. Emergency supplies of Epi-Pens, albuterol, and nebulizers will be under controlled access and maintained between fifty-nine (59) and eighty-five (85) degrees Fahrenheit as measured by a thermometer maintained in the same location in an air conditioned nurse's office or other air conditioned area designated by the school principal. Access will be limited to those individuals trained to administer these medications.

E. District emergency Epi-Pens and nebulizers will be administered to students or staff members for emergency use only. Students who need nebulized albuterol on a regular schedule must bring their own prescription and equipment for application in accordance with District Rule 5600.2. Emergency Epi-Pens and nebulizers may not be used under any circumstances other than emergency use.

F. District emergency Epi-Pens and nebulizers will not be used on field trips or other activities away from the school. District emergency medications are to be maintained at school during regular school hours so that the largest population of students may be served.

G. The school nurse will inspect the nebulizer monthly in their assigned area after each use to ensure that the equipment is in proper working order and is ready for the next usage. The school nurse will also periodically inspect the nebulizer to ensure that it is in working order and supplies of albuterol and Epi-Pens have not exceeded the recommended shelf life or when there is a color change in the epinephrine due to reaching or exceeding the expiration date or improper temperature control. The school nurse will provide an inventory which includes lot number of medications and the recommended shelf life.

H. All albuterol and Epi-Pens which have exceeded the recommended shelf life will be destroyed. The school nurse and principal shall keep a list which records when and how the albuterol and Epi- Pens were destroyed, and which district staff member oversaw the destruction.

III. Implementation and Training. Three (3) designated staff members from each school in addition to the school nurse will be trained in CPR, and in the administration of emergency Epi-Pens and nebulizers in life-threatening situations. Implementation and training shall include:

A. Designated staff members from each school will be appointed by a team consisting of the building principal or designee, the head nurse, the nurse serving the building, and approved by the Director of Student Services. No staff member other than District employed school nurses or health paraprofessionals shall be compelled through their employment status to serve as a designated staff member.

B. Training of the designated staff members will be conducted and completed prior to the distribution of Epi-Pens and nebulizers within the schools. Designated and trained staff members must complete annual training in order to continue serving as a designated staff member.

C. Training for the administration of Epi-Pens and nebulizers will be provided by a physician, a physician assistant, advanced practice registered nurse, or pharmacist trained in the use of Epi-Pens and nebulizers.

D. A certified CPR instructor will provide CPR training.

E. Designated staff members will successfully pass the competency assessment required by the Medication Aide Act no less than every three (3) years.


IV. In-Service Training. The procedure for the delegation of the administration of Epi-Pens and nebulizer treatments to trained special care providers should be followed in accordance with Health Services Guidelines. At a minimum, the training shall consist of the following:

A. A minimum of three (3) designated staff members in each school in addition to the school nurse trained in CPR should be in-serviced by the school nurse to:

1. Identify the signs and symptoms of a life-threatening asthma attack or systemic allergic reaction;

2. Follow District procedures for emergency treatment including required 911 calls and the administration of Epi-Pens and/or nebulizers;

3. Complete, as time permits, an Emergency Form for paramedics;

4. Review District procedures with the designated staff members a minimum of two (2) times during the school year;

5. At a minimum, training will be provided semi-annually for designated staff members who have already been trained and staff members who are newly appointed to the emergency team; and

6. Identify and record all students whose parents or guardian have indicated that use of Epi-Pens or nebulizers increases danger or is ineffective, and to provide follow-up investigation with medical providers to determine the exact nature of the danger.

B. At the conclusion of the in-service training, a Documentation of Competency form should be completed and filed in the Health Office.

C. The Director of Student Services will be responsible for overseeing what forms should be used to most effectively carry out the in-service training required under this Rule.


V. Baseline Training for Epi-Pens and Anaphylaxis. Orientation and instruction for the administration of Epi-Pens for life-threatening asthma or systemic allergic reactions should include:

A. Basic principles of the immune system and anaphylaxis;

B. Administration of Epi-Pens using an Epi-Pen Trainer;

C. Assessing vital signs;

D. Establishing and maintaining vital body functions and summoning emergency personnel; and

E. Proper documentation.

VI. Baseline Training for Nebulizers. Orientation and instruction for administering nebulizers should include:

A. Basic principles of the anatomy and physiology of the respiratory system;

B. Procedures for using nebulizers including set-up, administration, and storage;

C. Signs and symptoms of respiratory distress and reporting; and

D. Proper documentation.


VII. Post-Use Record. As soon as reasonably practicable following the emergency administration of an Epi- Pen or nebulizer, the designated staff members shall provide the Director of Student Services with a written report that should include, at a minimum, the following:

A. The circumstances giving rise to the administration of the Epi-Pen or nebulizer;

B. The results; and

C. The recommended changes in the procedures or forms used by the District in its administration of Epi-Pens and/or nebulizers, if any.


VIII. Annual Report. An annual report will be provided to the Nebraska Board of Pharmacy providing information on the number of incidents involving the administration of epinephrine and nebulized albuterol in the life-saving situations described in this Rule.


IX. Annual Review. On an annual basis, the Director of Student Services or designee will conduct a review of the effectiveness of this Rule, procedures utilized, forms adopted pursuant to this Rule, the post-use records of the District's designated staff members, and any other materials relevant to improving the District's use of Epi-Pens, nebulizers, and other emergency medications. The review will include, if practicable, the following:

A. A tabulation of the number of uses of Epi-Pens and nebulizers per school year;

B. The results of the use;

C. The recommendations from the District's Medical Advisory Committee or other qualified organization as it pertains to Epi-Pens and nebulizers; and

D. Upon the completion of the review, the Director of Student Services shall provide the Board with the Director's findings and recommendations.


X. Definitions.

A. CPR. CPR shall mean cardiopulmonary resuscitation.

B. Qualified Personnel. Qualified personnel shall mean individuals who have met an educational and/or legal requirement necessary to provide instruction on the use of the Epi-Pens and nebulizers.
 

Date of Adoption
May 17, 1999
Date of Revision
December 4, 2000
December 15, 2003
June 15, 2009
May 5, 2014
July 8, 2019

5600.6: Procedures for the Use of Cardiopulmonary Resuscitation and Automated External Defibrillators

5600.6: Procedures for the Use of Cardiopulmonary Resuscitation and Automated External Defibrillators holly Fri, 07/12/2019 - 09:11

I. Distribution and Placement of Automated External Defibrillators.

A. Introduction. Cardiac arrest is a threat for students, staff, or visitors to our schools and when it occurs, can leave only minutes to save a life. To maximize the chances that emergency response will result in full recovery, Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillators (AEDs) may be used. AEDs will be placed in each school, and trained designated school personnel will use AEDs according to procedures that have been approved by the Director of Student Services or designee.

B. AEDs will be distributed to every school within the District:

1. Each District high school will have, at minimum, three (3) AEDs readily accessible in designated area(s) where they are available for all students, staff and visitors.

2. Each District middle school will have, at minimum, two (2) AEDs readily accessible in designated area(s) where they are available for all students, staff and visitors.

3. Each District elementary school and the Keith Lutz Horizon High School will have, at minimum, one (1) AED readily accessible in designated area(s) where they are available for all students, staff and visitors.

4. The placement of AEDs will be determined by the principal. The principal will take into consideration that coverage must be provided for all activities and school functions that occur not only during the school day, but after school hours for school related activities.

a. AEDs will be placed in supervised areas where they can be observed by supervisory personnel or by surveillance cameras.

b. Each AED will be secured by an alarm device.

c. AEDs will not be placed in locked rooms or areas that limit availability after school hours.

d. Signs will be posted in each classroom, commons area, the office, and other areas of the building where students or staff congregate advising where the nearest AED is located.

5. AEDs will not be taken on field trips or other activities away from the school building unless an extra AED is solely dedicated for that purpose, the AEDs absence does not affect coverage at school, and the AED is under the constant direct supervision of a staff member trained in its use.

6. Groups, organizations, or individuals renting or using school facilities when school personnel are not present will be informed of the requirements for the use of AEDs.

C. Designated school personnel will be trained by qualified personnel to administer CPR and AEDs.

D. Parents, guardians, and emancipated students will be notified on the District's Emergency Health Form that in case of cardiac arrest, CPR and an AED may be administered to students for life- saving purposes.


II. AED Maintenance and Use. The following will govern the maintenance and use of AEDs:

A. AEDs will be maintained and tested in accordance with the operational guidelines of the manufacturer and monitored by personnel designated by the principal.

B. AEDs will be stored with the carrying case, one (1) extra set of pads, razor, latex or vinyl gloves, mouth barrier, and three (3) towelettes designed for use with the AED.

C. All AED pads that have exceeded the manufacturer’s recommended shelf life will be replaced.

D. Each AED will be inspected, at a minimum, monthly by the principal or designee to assure it is in proper working order and ready for immediate use. The AED will be inspected after each use to ensure that the equipment is in proper working order and is ready for the next usage.

E. Each AED will be marked with a District identification number.

F. The school nurse will maintain an inventory which includes the identification number of the AED, its location, and when it was last inspected.


III. Operating Procedures.

A. Unless the subject's medical conditions and/or circumstances dictate otherwise, the following standing procedures for emergency response cardiac arrest will be followed.

1. Call 911.

2. Administer the AED following the instructions on the AED.

3. Administer CPR as directed by the AED.

B. Notify the parents or guardians immediately at the first sign of a cardiac arrest. If trained designated staff members are involved in life-saving procedures, personnel not administering emergency treatment should provide the notice to the parents or guardians.

C. CPR and the AED will be administered by trained personnel to students, staff members, or visitors only when emergency life threatening events occur resulting from cardiac arrest.


IV. AED Training and Implementation.

A. The following designated staff members from each school will be trained on the use of CPR and AED(s):

 

1.    School nurses;
2.    Certified Nursing Assistants (CNA) and Certified Medical Assistants (CMA)
3.    Full-time health room paraprofessionals;
4.    One staff member from each Early Childhood classroom;
5.    Coaches and assistant coaches;
6.    Athletic trainers;
7.    Extracurricular supervisors who supervise physical activities; and
8.    A minimum of three (3) additional designated staff members from each school.

B. Designated staff members from each school will be appointed by the building principal or designee.

C. Training of the designated staff members will be conducted and completed prior to the distribution of AEDs within the schools.

D. Designated and trained staff members must maintain current CPR/AED certification in order to continue serving as a designated staff member.

E. Training for the administration of CPR and AEDs will be provided by a certified CPR instructor.


V. Purchase of AEDs.

A. All AEDs will be purchased through the District purchasing agent.

B. All AEDs will meet District specifications.

C. All AEDs will be of the same model and manufacturer.

D. Additional AEDs may be purchased and placed at any time by the individual school, if all of the requirements of this Rule are met.


VI. Post-Use Record. As soon as reasonably practical following the emergency administration of an AED, the designated staff members shall provide the Director of Student Services with a written report that should include, at a minimum, the following:

A. The circumstances giving rise to the administration of AED;

B. The results; and

C. The recommended changes in the procedures or forms used by the District in its administration of AEDs, if any.


VII. Annual Review. On an annual basis, the Director of Student Services or designee will conduct a review of the effectiveness of this Rule, procedures utilized, forms adopted pursuant to this Rule, the post-use records of the District's designated staff members, and any other materials relevant to improving the District's use of CPR and AEDs. The review will include, if practicable, the following:

A. The results of the use;

B. The recommendations from the District's Medical Advisory Committee or other qualified organization as it pertains to CPR and AEDs; and

C. Upon the completion of the review, the Director of Student Services shall provide the Board with the Director's findings and recommendations.


VIII. Definitions.

A. AED. AED shall mean Automated External Defibrillator.

B. CPR. CPR shall mean cardiopulmonary resuscitation.

C. Qualified Personnel. Qualified personnel shall mean individuals who have met an educational and/or legal requirement necessary to provide instruction on the use of CPR and AEDs.

Date of Adoption
April 21, 2003
Date of Revision
December 16, 2003
August 7, 2006
July 2, 2012
May 5, 2014
August 19, 2019
Reaffirmed
June 15, 2009

5610: Do Not Resuscitate/Do Not Intubate Requests

5610: Do Not Resuscitate/Do Not Intubate Requests holly Fri, 07/12/2019 - 11:33

The District does not recognize and will not honor “Do Not Resuscitate” (DNR) or “Do Not Intubate” (DNI) requests from parents or guardians. If parents or guardians request district staff to withhold care from their child in the event of a life-threatening situation pursuant to a DNR or DNI request, district personnel will not comply.

When a student is in a life-threatening situation, district staff members are to render first-aid or other appropriate emergency care, and shall summon emergency medical personnel as soon as possible.

Date of Adoption
September 6, 1994
Date of Revision
December 4, 2000
Renumbered from 5155 on December 4, 2000
February 6, 2017
Reaffirmed
June 15, 2009
September 25, 2023

5610.1: Do Not Resuscitate/Do Not Intubate Requests

5610.1: Do Not Resuscitate/Do Not Intubate Requests holly Fri, 07/12/2019 - 11:36

I. DNR/DNI Requests. 

District personnel will not honor “Do Not Resuscitate (DNR) and Do Not Intubate (DNI)” requests. Parents or guardians who request that the District withhold care from their child through a DNR/DNI or a like request, are advised of the following: 

A. DNR/DNI requests are to be provided to the principal, principal's designee, or school nurse and placed on file at the student's school for submission to emergency medical personnel. Parents or guardians may contact the Director of Student Services for questions regarding this procedure or to confirm receipt of such request. 

B. If a life-threatening situation arises at school involving a student, school personnel will administer first-aid or other appropriate emergency care and will summon emergency medical personnel. Upon arrival of the emergency medical personnel, the principal, principal's designee, or school nurse will make reasonable efforts to provide pertinent medical information included in the student's file to the emergency medical personnel. 

C. Parents or guardians will be notified of a medical emergency at the earliest time practicable. 

D. If parents or guardians no longer desire the District to provide DNR/DNI requests to emergency medical personnel, the parents or guardians must notify the principal, principal's designee, or school nurse in writing. 

1. The school nurse will send a letter to the parents or guardians confirming removal of the DNR/DNI request from the file. 

2. If the parents or guardians do not receive such a letter of confirmation, it is the responsibility of the parents or guardians to contact the school to confirm that the DNR/DNI request has been removed from the file. 


II. Definitions. 

A. Emergency Medical Personnel shall mean ambulance personnel, personnel who arrive in response to a call to 911, or any other personnel summoned to school as a result of a medical emergency. 

B. First-aid or other appropriate emergency care shall mean any procedure or intervention by staff that may prevent a student from dying. Examples of emergency care include, but are not limited to, efforts to stop or control bleeding, opening airways, mouth-to-mouth resuscitation, and cardio- pulmonary resuscitation. 

Date of Adoption
September 6, 1994
Date of Revision
December 4, 2000
February 6, 2017
Reaffirmed
June 15, 2009
September 25, 2023

5620: Child Abuse, Neglect and Cruelty

5620: Child Abuse, Neglect and Cruelty holly Fri, 07/12/2019 - 11:41

Any employee of the District who has reasonable cause to believe that a child is being or has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances which would reasonably result in child abuse or neglect, shall report or cause a report to be made of the incident to the proper law enforcement agency or to the Department of Health and Human Services. The District will cooperate with and assist the authorities in any investigation of a reported incident of child abuse or neglect. Willful failure to report the incident is a Class III misdemeanor by Nebraska statute.

Date of Revision
October 1, 1984
March 6, 2000
April 22, 2013
Reaffirmed
June 15, 2009
August 21, 2017

5620.1: Child Abuse, Neglect and Cruelty

5620.1: Child Abuse, Neglect and Cruelty holly Fri, 07/12/2019 - 11:48

I. Procedure

A. “Child abuse or neglect” is defined by Neb. Rev. Stat. 28-710 as knowingly, intentionally, or negligently causing or permitting a minor child to be: (a) placed in a situation that endangers his or her life or physical or mental health; (b) cruelly confined or cruelly punished; (c) deprived of necessary food, clothing, shelter, or care; (d) left unattended in a motor vehicle, if such minor child is six years of age or younger; (e) sexually abused; or (f) sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films or depictions.

B. Any nurse, school employee, or any other person who has reasonable cause to believe that a child is being or has been subjected to child abuse or neglect, or observes such child being subjected to conditions or circumstances which would reasonably result in child abuse or neglect, shall report such incident or cause a report to be made to the proper law enforcement agency or to the Department of Health and Human Services (DHHS). In such instances, the following procedure shall be followed by staff members:

1. If suspected child abuse or neglect has been reported or observed, the staff member shall contact the principal or designee. At that time, the person having observed or received notification of the violation shall, along with the principal or designee, contact the Child Protective Services (CPS) Hotline and/or law enforcement.

2. The principal or designee shall notify

a. The building counselor;

b. The Director of Student Services or designee; and

c. The registered nurse assigned to the building when there are observable injuries.

3. After contacting DHHS and/or law enforcement school personnel shall not further interview identified child(ren), without the express permission or request of DHHS or law enforcement.

4. The Director of Student Services or designee will provide guidance and support on the reporting process and monitor compliance with procedures.

5. Parent contact shall not be initiated prior to reporting. Upon reporting, the principal or designee shall confirm that DHHS or law enforcement will assume responsibility for notification of the parent(s), unless otherwise directed by DHHS or law enforcement.

C. Follow-up contact shall be made by the principal or designee.

1. The principal or designee shall maintain contact with DHHS and facilitate and cooperate with the DHHS investigation and provide information to pertinent staff as needed.

2. Caution shall be exercised by all staff throughout the process, to maintain individual and family privacy.

3. At the conclusion of the investigation, the principal or designee shall submit a written summary of the follow-up contacts to be maintained in the Student Services office.

D. The Director of Student Services will be notified in the event a complaint is received concerning abuse of a student by a District employee. The Director of Student Services will, in turn notify the Office of Human Resources.
 

Date of Revision
September 6, 1988
March 6, 2000
April 22, 2013
August 21, 2017
Reaffirmed
June 15, 2009

5710: Access to Student Records

5710: Access to Student Records holly Fri, 07/12/2019 - 11:51

Access to student records shall be in compliance with federal and state law.  The privacy of the student shall be maintained within the context of providing access to and the release of student records to those people or institutions who have a lawful reason or purpose for obtaining the information.

Date of Revision
September 17, 1984
April 21, 1997
November 6, 2000
Reaffirmed
August 16, 2010
September 2, 2014
January 18, 2021

5710.1: Student Records

5710.1: Student Records holly Fri, 07/12/2019 - 11:53

I. General Statement.

A. Academic and Disciplinary Matters. All student records shall be maintained in a manner which separates academic and disciplinary matters. Disciplinary materials shall be removed and destroyed after a student’s continuous absence from the District for a period of three (3) years unless otherwise provided for by applicable law. Nothing in this Rule shall prohibit the District from including appropriate information in the disciplinary record of any student concerning disciplinary action against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, or from disclosing such information to teachers and school officials of the District or to teachers and school officials in other schools who have legitimate educational interests in the behavior of the student.

B. Access Control. The District will use reasonable physical and/or technological access control methods to ensure that school officials obtain access to only those student records in which they have legitimate educational interests.

C. Authentication of Identity. The District will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other party to whom the District releases student records or files or discloses personally identifiable information from student records or files.

D. Right of Access. All District students and their parents, guardians, teachers, counselors, and school administrators shall have access to the files or records maintained by the District concerning such student, including the right to inspect, review, and obtain copies of such files or records. No other persons, unless otherwise authorized by this Rule, applicable law, or written consent, shall have access to such files or records, and the contents of such files or records shall not be divulged in any manner to any unauthorized person. Either parent shall have full rights under this Rule, unless the District has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes such rights.

E. Forwarding of Records on Student Transfer. A copy of the student’s files or records, including academic material and any disciplinary material relating to any suspension or expulsion, shall be provided at no charge, upon request, to any public or private school to which the student transfers.

F. Student Attaining Age Eighteen or Postsecondary Enrollment. Once a student has attained eighteen (18) years of age or is attending an institution of postsecondary education, the permission and/or consent required of and the rights accorded to the student’s parents or guardian shall be accorded to the student. If the student is disabled, the type and severity of the disability shall be taken into consideration before these rights are granted to the student.

II. Access to Student Records.

A. Procedure. To obtain access to a student’s records, the following procedure shall apply to persons with a right of access to District files, other than District personnel:

1. A written request for access shall be submitted to the building principal or designee.

2. The requested records shall be made available within forty-five (45) days of receipt of the request unless the request is denied.

3. Within five (5) school days of receipt of the request, the principal or designee shall notify the person making the request of the time and place for compliance with the request.

4. Access shall be provided during the regular business hours of the school day.

5. The principal or designee shall respond to reasonable requests for explanations and interpretations of the records.

6. If circumstances effectively prevent the parent or eligible student from reviewing the student’s records, then copies of the requested records shall be provided, or the principal or designee shall make other arrangements for the parent or eligible student to review the requested records.

7. A record of access shall be maintained and kept with the student’s records and made available only to the student’s parents and the eligible student, to the school official, and the school official’s assistants who are responsible for the custody of such records, or other persons authorized by applicable law. Such record shall identify the party requesting or obtaining access to the student’s records, and the legitimate or lawful interest that each person, agency, or organization has in obtaining this information. Access by District personnel who have a legitimate educational interest in the record need not be recorded.

B. Information on More than One Student. If any material or document in the student record includes information on more than one student, the parents of each student shall have the right to inspect and review only the part of the record that relates to their child or to be informed of the specific information contained in that part of the record.

III. Written Consent for Release of Information. 

Consent for inspection by or for the releasing of records to persons or institutions not specifically authorized by law or this Rule must be in writing, signed and dated by the person giving consent, reasonably identify the records to be released, state the reason for the release, and provide the names of parties to whom the records are to be released. If requested, a copy of the records shall be released to the student’s parents and the student. Personal information released pursuant to a written consent shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. A signed and dated written consent may include a record and signature in electronic format that identifies a particular person as the source of the electronic consent, and indicates such person’s approval of the information contained in the electronic consent.

IV. Release of Student Records Not Requiring a Consent. 

A. Student records or files maintained by the District may be released without written consent to the following:

1. Other school officials, including District teachers, who have been determined by the District to have legitimate or lawful educational interests, including the educational interests of the student for whom consent would otherwise be required.

2. Officials of other public or private schools, school systems, or institutions of postsecondary education, to which the student seeks or intends to enroll, or where the student is already enrolled, upon condition that the records are for purposes related to the student’s enrollment or transfer, and the student’s parents are notified of the transfer, receive a copy of the records if desired, and have an opportunity for a hearing to challenge the content of the records. Nothing in this Rule shall prohibit the District from disclosing to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student, appropriate information in the student’s education records concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.

3. Authorized representatives of:

a. The Comptroller General of the United States;

b. The Attorney General of the United States;

c. Secretary of Education; or

d. Authorized state or local educational authorities.

4. Officials in connection with a student’s application for, or receipt of, financial aid.

5. State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to state statute adopted:

a. Before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve the student whose records are released; or

b. After November 19, 1974, if:

i. The allowed reporting or disclosure concerns the juvenile justice
system and such system’s ability to effectively serve, prior to adjudication, the student whose records are released, and

ii. The officials and authorities to whom such information is disclosed certify in writing to the District that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the student.

6. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if there is a written agreement with the organization in accordance with applicable law, and such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations that have legitimate interests in the information and such information will be destroyed when no longer needed for the purpose for which the study was conducted, unless an organization is barred from access to personally identifiable information by determination of the Office of the Secretary of Education.

7. Other Nebraska school districts, educational service units, learning community, and/or the Nebraska Department of Education in accordance with Title 92, Nebraska Administrative Code, Chapter 6.


8. Accrediting organizations in order to carry out their accrediting functions.

9. Parents of a dependent student, as defined in 26 U.S.C. § 152.

10. Appropriate persons in connection with an emergency, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. In making such a determination the District may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other persons. 

11. Teachers and school officials in other schools who the District has determined have legitimate educational interests in the behavior of the student, may be provided with information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of the student, other students, or other members of the school community. 

12. Entities or persons designated in a Federal grand jury subpoena, in which case the court, or other issuing agency, shall order, for good cause shown, the District (and any officer, director, employee, agent, or attorney for the District) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena.

13. Entities or persons designated in any subpoena issued for a law enforcement purpose, in which case the court or other issuing authority may order, for good cause shown, the District (and any officer, director, employee, agent or attorney for the District) on which the subpoena is served, not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena.

14. Entities or persons designated in any judicial order, or pursuant to any lawfully issued subpoena, upon condition that the parents are notified of all such orders in advance of the compliance by the District, except such notice is not required when a parent is a party to a court proceeding involving child abuse and neglect or dependency matters and the judicial order or subpoena is issued in such proceeding.

15. The United States Attorney General or designee not lower than an Assistant Attorney General pursuant to an ex parte court order concerning investigations or prosecutions of offenses under 18 U.S.C. § 2332b(g)(5)(B) or an act of domestic or international terrorism under 18 U.S.C. § 2331.

16. The Secretary of Agriculture or authorized representatives from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measures, in accordance with applicable law.

17. An agency caseworker or other representative of a state or local child welfare agency who has the right to access a student’s case plan, as defined and determined by the state, when such agency is legally responsible in accordance with state law for the care and protection of the student.

18. A court in any legal action by the District against a parent or student, or by a parent or student against the District, when relevant for the District to either proceed with the legal action as plaintiff or to defend itself.

B. Military recruiters and institutions of higher education shall be provided on request, with access to secondary school students' names, addresses, and telephone numbers as required by 10 U.S.C. §503 (c) and 20 U.S.C. §7908. A secondary school student's name, address, and telephone number shall not be released to such military recruiters or institutions of higher education, if the student or the parent of the student informs the District in accordance with the District's student handbook, not to release such information without their prior written consent.

C. The District may release student records and information without written consent after the removal of all personally identifiable information, and when determined that a student’s identity is not personally identifiable whether through single or multiple releases and taking into account other reasonably available information.

D. Student records or files released without written consent shall not be disclosed to any other party without the prior consent of the parent or eligible student, unless otherwise allowed by applicable law, and may only be used for the purposes for which the release was made.

V. Directory Information

A. The District may publish in only the manners hereinafter provided, or may make available to the public in response to a request therefor, the categories of personally identifiable information which the District has specifically designated as directory information pursuant to 20 U.S.C. §§ 1232g(a) (5)(A) and (B), without the prior written consent of parents. Such directory information is not generally considered harmful or an invasion of privacy if disclosed, but such directory information for a student shall not be published and shall not be made available to the public in response to a request therefor, if the student’s parents inform the District in accordance with the District’s student handbook, not to publish or not to make available to the public in response to a request therefor, such directory information without the parent’s prior consent.

B. The directory information which, pursuant to 20 U.S.C. §§ 1232g(a)(5)(A) and (B) the District designates for the purpose of making available to the public in response to a request therefor, only includes students’ names, which shall only be provided in total, and which shall not be categorized via building level, school building, grade, or in any other manner.

C. The directory information which, pursuant to 20 U.S.C. §§ 1232g(a)(5)(A) and (B) the District designates for the purpose of publishing in only the manners hereinafter provided, includes the parent’s and student’s name, address, e-mail address, telephone number, date and place of birth, major field of study, current grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance but not including specific daily records of attendance, schools attended, degrees, honors and awards received, graduation, the most recent previous educational agency or institution attended by the student, photographs, and other similar information.

D. The directory information designated in the immediately preceding paragraph may be published by the District in only the following manners:

1. In accordance with the immediately preceding Section IV of this Rule.

2. In District publications and materials, which are associated with District and/or student activities and events, including, but not limited to, yearbooks, annuals, newsletters, newspapers, activity and event programs, community communications, parent communications, student communications, and notices.

3. In District press or media releases.

4. In accordance with District Rule 7305.1 (IV) (D) regarding web publishing and directory information.

5. To District agents or contractors, or to District-affiliated organizations the purpose of which is to enrich or supplement the educational, instructional, curriculum, or administration programs of the District.

6. To government agencies and other educational institutions.

VI. Photocopies. 

The District may charge a fee for copies of student records except that the imposition of a fee shall not prevent parents of students from exercising their right to inspect and review the student records or files and no fee shall be charged to such for retrieving any student’s files or records. The charge, if any, shall be fifty (50) cents per page provided, however, that any charges for transcripts for students seeking or intending to enroll in a postsecondary facility or making application for financial aid shall be determined by the building principal. A copy of the student’s records shall be provided at no charge, upon request, to any public or private school to which the student transfers or where the student is already enrolled, in accordance with the requirements of Section IV(A)(2) of this Rule.

VII. Right to Challenge Content of Student Records. 

Parents or eligible students may request a hearing to challenge the content of the student’s records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein and to insert into such records a written explanation by the parents or eligible student regarding the contents of such records. The following procedure shall be followed.

A. The proposed correction or deletion shall first be presented in writing, to the principal or designee. The principal or designee shall meet with all parties concerned within five (5) school days of the receipt of the request. Within three (3) school days of the meeting, the parties involved shall be notified in writing of the principal’s decision, and of the right to a hearing if they disagree.

B. If the parties involved are dissatisfied with the decision rendered by the principal, they can, within ten (10) school days of receipt of the written decision of the principal, present the challenge to the Superintendent or designee. The Superintendent or designee shall hold a hearing with all parties concerned within five (5) school days of the receipt of the request. The parents or eligible student shall be notified two (2) days prior to the hearing of the date, time, and place of the hearing. The hearing will be conducted by any individual who does not have a direct interest in the outcome of the hearing. All persons attending the hearing will keep confidential the information contained in the student records. The hearing shall afford a full and fair opportunity to present information relevant to the issues raised. The parent or eligible student may, at their own expense, be assisted or represented by one (1) or more individuals of their own choice, including an attorney.

C. Within three (3) school days following the hearing, the Superintendent or designee shall render a decision and send notice thereof in writing to the parties involved which will comply with the following:

1. The decision shall be made in writing within a reasonable time after the hearing, shall be based solely on the information presented at the hearing, and will include a summary of the information and the reasons for the decision.

2. If it is determined that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the record will be amended accordingly and the parents or eligible student shall be provided with a copy of the written amendment.

3. If it is determined that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the parents or eligible student shall be informed of their right to place a statement in the record commenting on the contested information and/or stating why there is disagreement with the Superintendent’s decision. The statement will be maintained with the contested part of the record for as long as the record is maintained. The statement will be disclosed whenever the portion of the record to which it relates is disclosed.

VIII. Annual Notification. 

Parents or eligible students shall be annually notified of their rights under this Rule via the District’s student handbooks.

IX. Contacting Law Enforcement. 

Nothing in this Rule prohibits the District from contacting its school resource officers or other law enforcement agencies, orally or in writing, for the purpose of requesting such to investigate a possible student violation of, or to enforce any local, state, or federal law.

X. Definitions.

A. “Legitimate educational interests” shall mean either a direct involvement whether for reasons of testing, analyzing, teaching, disciplining, evaluating or similar involvement in the education of the student or that a school official has to review an educational record in order to fulfill his or her duties.

B. “Parent” shall mean the natural parent, adoptive parent, guardian, or an individual acting as a parent in the absence of a parent or guardian.

C. “Record” shall mean any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche, which directly relates to a student and which is maintained by the District or a party acting for the District. This definition does not include any records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record, or any other record excluded by applicable law.

D. “School officials” shall include the student’s teachers, counselors, school psychologists, principal, Superintendent, and any persons to whom the above are responsible to or to whom the above may delegate their duties. "School officials" shall also include District officers, employees, contractors, consultants, agents, volunteers, and other parties to whom the District has outsourced institutional services or functions, provided that the outside party performs an institutional service or function for which the District would otherwise use employees, is under the direct control of the District with respect to the use and maintenance of student records, and is subject to the redisclosure requirements of applicable law.

Date of Adoption
July 19, 1988
Date of Revision
April 21, 1997
November 6, 2000
July 16, 2001
May 3, 2004
August, 16, 2010
September 2, 2014
October 5, 2015
January 18, 2021

5720: Records Retention and Disposition

5720: Records Retention and Disposition holly Fri, 07/12/2019 - 11:59

The Superintendent or designee shall be responsible for the retention and disposition of student records.  All permanent student records and directory information shall be maintained permanently. Subsidiary student records will be destroyed after the student’s continuous absence from the school for a period of three years.

Date of Revision
July 20, 1992
November 20, 2000
June 17, 2002
Reaffirmed
August 16, 2010
September 2, 2014
May 17, 2021

5720.1: Records Retention and Disposition

5720.1: Records Retention and Disposition holly Fri, 07/12/2019 - 12:02

I. Definitions. 

The following definitions shall apply herein:

A. “Permanent Student Records” shall consist of the following:

1. Student’s social security number or student identification number. 

2. Record of dates of attendance.

3. Grade level completed.

4. Transcript of classes taken with grades and credits received.

5. Record of date and type of inoculations and health examinations that are given to the class or student body as a whole.

6. Signatures of people who are required to sign for access to student records and statement of purpose for such access.

7. Student’s or student’s parents’ written consent of release of student records.

B. “Subsidiary Student Records” shall consist of the following:

1. Results of Essential Learner Outcomes assessments, state testing, and standardized achievement, aptitude, ability, interest, and intelligence tests including, but not limited to, Armed Services Vocational Aptitude Battery and Screening Assessment Gifted Students.

2. Personal Learning Plans, Individual Learning Plans, and re-teaching plans.

3. Record of participation in officially recognized school activities and sports.

4. Psychological examination reports (maintain in special education file).

5. School educational specialists’ reports.

6. Response to Instruction and Intervention documentation.

7. Truancy reports (maintain in discipline file).

8. Results of non-disciplinary school hearings concerning students.

9. Parent’s written consent permitting special examination of their child.

10. Copy of the birth certificate.

11. Divorce decrees or court custody documents.

12. Residency forms.

13. Communication of status if student will not graduate.

14. Developmental Asset Profile (DAP), and Life Skills Assessment results.

15. Section 504 documents.

16. Title One Reports.

17. Retention or acceleration building reports and principal letter.

C. “Special Education Records” shall include records relating to the provision of special education and related services and the evaluation for special education and related services.

D. “Cumulative Folders” shall include those permanent student records that are maintained at the District school building of attendance. When copies of a student’s records are requested or when the student’s records are transferred, the cumulative folder will be updated to include those subsidiary records that pertain to the student.

E. “Electronic Student Records” shall include all Permanent Student Record files, Special Education Record files, Subsidiary Student Record files and all other student record files maintained by the District.

F. “Eligible student” means a student who has reached eighteen (18) years of age or is attending an institution of postsecondary education. If a student is disabled, the type and severity of the disability shall be taken into consideration when determining if the student is an eligible student.

II. Records Retention, Maintenance, Transfer, and Destruction.

A. Accountability for Records.

1. The principal of each elementary and middle school and the registrar of each high school shall be responsible for the maintenance, retention, transfer, and destruction of student records in accordance with this Rule.

B. Maintenance and Destruction.

1. All permanent student records shall be maintained in the student’s cumulative folder. Permanent student records and directory information shall be stored either electronically or in some other approved manner or format or microfilmed and destroyed upon the student’s graduation or after a three (3) year continuous absence from school, in the manner set forth hereinafter. The microfilm, or other approved electronically stored format shall be maintained permanently.

2. Student disciplinary records shall be maintained in a separate file. Student disciplinary records shall be destroyed after the student’s three (3) year continuous absence from the District.

3. Subsidiary student records may be maintained in specified files other than the cumulative folder for the purposes of daily record keeping, but must be included in the cumulative folder when the student’s records are requested or when they are transferred. Subsidiary records shall be destroyed after the student’s three (3) year continuous absence from the District.

4. The District shall not destroy any student records if there is an outstanding request to Inspect and review the records.

C. Transfer of Student Records between Building Levels and District Schools.

1. All records of a student transferring from one school to another within the District shall be sent by the school where the student has been enrolled as soon as the receiving school notifies such school.

2. All records including disciplinary records for all students who complete the eighth grade shall be forwarded to the District high school. In the event a student completes eighth grade but does not enroll in a District high school, the receiving District high school shall maintain such records for three (3) consecutive years. After such a three (3) consecutive year period, the permanent student records shall be transferred to Student Services to be electronically filed or microfilmed and destroyed and the District high school shall destroy the subsidiary student records and discipline records.

3. All records including disciplinary records for all students who complete the fifth grade shall be forwarded to the District middle school. In the event a student completes fifth grade but does not enroll in a District middle school, the receiving District middle school shall maintain such records for three (3) consecutive years. After such a three (3) consecutive year period, the permanent student records shall be transferred to Student Services to be electronically filed or microfilmed and destroyed and the District middle school shall destroy the subsidiary student records and discipline records.

4. No records shall be removed or purged before transfer to another school within the District.

D. Special Education Records.

1. Special education records shall be transferred to the Special Education Department whenever a student leaves the District. 

2. The Special Education Department shall retain special education records for five (5) years after the completion of the activities for which special education funds were used.

3. Parents shall be informed when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the student.

4. The information which is no longer necessary to provide educational services to the student must be destroyed at the request of the parent. However, a permanent record of the student’s name, address, and phone number, his/her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

E. Transfer of Student Records to Other Schools.

1. The records, including disciplinary records, of a student who moves out of the District shall be transferred to another school or postsecondary institution under the following conditions:

a. For students under eighteen (18) years of age,

i. When a written request from the school or postsecondary institution where the student seeks or intends to enroll, or where the student is already enrolled, is received, and the records are for purposes related to the student’s enrollment or transfer, or

ii. Upon written consent or request of the parent or guardian, or

iii. Upon written request from a student who seeks or intends to enroll, or who is already enrolled, in a post-secondary institution.

b. For eligible students,

i. When a written request from the school or post-secondary institution where the student seeks or intends to enroll, or where the student is already enrolled, is received, and the records are for purposes related to the student’s enrollment or transfer, or

ii. Upon written request or consent of the eligible student.

c. When a request is received from the school or postsecondary institution where the student seeks or intends to enroll, or where the student is already enrolled, the parents or eligible student shall be notified of the transfer, receive a copy of the records if desired, and have an opportunity for a hearing to challenge the content of the records.

Date of Revision
July 20, 1992
November 20, 2000
July 16, 2001
June 1, 2002
May 19, 2003
May 3, 2004
August 16, 2010
April 1, 2013
September 2, 2014
Reaffirmed
May 17, 2021

5730: Parents' Access to School Records and School Contact

5730: Parents' Access to School Records and School Contact holly Fri, 07/12/2019 - 12:08

Parents and guardians shall have the right of access to their child's student records and to have contact with their child on school grounds unless prohibited or restricted by law, court order, or District policies or rules.

Date of Adoption
March 7, 1988
Date of Revision
May 6, 1996
November 20, 2000
May 21, 2018
Reaffirmed
August 16, 2010

5730.1: Non-Custodial Parents' Access to Student Records and School Contact

5730.1: Non-Custodial Parents' Access to Student Records and School Contact holly Fri, 07/12/2019 - 12:12

I. General Statement. Non-custodial parents shall have the same right of access to their child's student records and contact with their child as custodial parents unless prohibited or restricted by law, court order, or District policies or rules. 

II. Providing District with Court Orders. Parents shall be responsible for providing the District with any court orders affecting a parent's right of access to records or contact with their children. 

III. Non-Custodial Parent's Right of Access to Student Records. Upon request, non-custodial parents shall be entitled to exercise all parental rights regarding student records, including the right to request that the records be forwarded to other parties, unless prohibited or restricted by law, court order, or District policies or rules. 

IV. Non-Custodial Parent's Participation in Teacher Conferences and Right to Obtain General Notices. Non-custodial parents shall have the same right as custodial parents to attend regularly scheduled teacher conferences, IEP conferences, and to obtain copies of records of conferences unless the non-custodial parent is prohibited or restricted by law, court order, or District policies or rules. If divorced or separated parents request separate teacher conferences, the principal shall have the discretion to grant or deny such a request. Non-custodial parents shall also have the same rights as custodial parents in obtaining general notices such as lunch menus, parent organizations, announcement of teacher conferences, and school pictures. 

V. Release of Children. During or after the school day or school activity, children shall be released only to the custodial parent or to law enforcement officers unless the custodial parent has granted permission for children to be released to someone else. 

VI. Identification. District schools may reasonably require custodial and/or non-custodial parents to provide identification. 

VII. Definitions. 

A. "Court order" shall mean any order, decree, judgment, or other adjudication from a court of competent jurisdiction. 

B. "Non-custodial parent" shall mean a parent who does not have primary physical custody of a child as a result of a court order, decree, judgment, or other adjudication. 

C. "Parent" shall mean a natural parent or the child's legal guardian. 

Date of Adoption
March 7, 1988
Date of Revision
May 6, 1996
November 20, 2000
August 16, 2010
May 21, 2018

5740: Visits to Schools

5740: Visits to Schools holly Fri, 07/12/2019 - 12:19

The Board of Education and staff of the District welcome visits to the schools. Such visitations will be governed by the policies and rules established by the District.

Date of Adoption
February 17, 1975
Date of Revision
June 3, 2002
May 21, 2018
Reaffirmed
September 7, 2010

5740.1: Visits to Schools - Visitations by Parents, Guardians and Others

5740.1: Visits to Schools - Visitations by Parents, Guardians and Others holly Mon, 07/15/2019 - 09:32

I. In accordance with building and District safety procedures, parents/guardians, students, and others may visit schools. These visits shall be in compliance with all building and District safety guidelines. The principal or appropriate Central Office administrator authorizing visits shall consider the following. 

A. Disruption to the educational environment; 

B. Distraction to students and staff; 

C. Confidentiality for students and staff; and 

D. Safety of students and staff. 

E. Within the guidelines of the Standard Response Protocols for student safety.

II. Parents/Guardians 

A. Unless otherwise prohibited or restricted by law, court order, or District policies or rules, parents/guardians may visit their child’s class. 

B. All visitors shall report to the school office and/or security desk where they will be screened and provided a visitor badge.  All visitors must wear the badge at all times while in the building.

C. All visitors shall be escorted to and from their destinations while in the school.

III. Visitations by Students 

A. Visits by students from other school districts or buildings must be approved and scheduled by through the building principal.  If approval is given, a visitor’s badge will be issued.

B. Children below legal school age wishing to visit the school must be accompanied by their parent or guardian.

C. Non-students (graduates, etc.) will not be allowed to visit in a building without approval by the building principal.

IV. Program Visitations 

A.  Persons wishing to visit schools for the purpose of viewing new programs, organizational patterns, facilities, etc., must obtain clearance from the appropriate Central Office administrator or the school principal.

Date of Adoption
February 17, 1975
Date of Revision
June 3, 2002
May 21, 2018
September 5, 2023
Reaffirmed
September 7, 2010

5750: Student Memorials

5750: Student Memorials holly Mon, 07/15/2019 - 09:36

The District will provide family and friends opportunities to express their grief upon the death of a student who was enrolled in a District school at the time of the student’s death.  Such opportunities shall be in accordance with District policies and rules.

Date of Adoption
October 3, 1994
Date of Revision
November 20, 2000
May 21, 2018
Reaffirmed
September 7, 2010

5750.1: Student Memorials

5750.1: Student Memorials holly Mon, 07/15/2019 - 09:40

I. Student Memorials. Memorials will only be permitted for students who were enrolled in a District school at the time of the student’s death, and shall be subject to the guidelines set forth in this Rule. 

II. Yearbook Guidelines. 

A. A deceased student's picture, if available, will be included with the pictures of other students in the class for the year covered by the yearbook. In addition, approximately one-fourth page will be allowed for each student who died during the year. This area will include each student's picture, if available, the student's name, and the dates of birth and death. The top of the page will be designated, "Memorial Page," or, "In Memory." If there are no student deaths there will be no memorial page. 

B. For yearbooks that are delivered in the fall, the memorial page will precede the index page. The yearbook will cover deaths from the beginning of summer through the last day of the school year. If there is a death during the summer and the student has not graduated, the student's picture will appear in the next year's yearbook. 

C. For yearbooks that are delivered in the spring, with a fall supplement, the memorial page will be at the end of the yearbook supplement. The yearbook and supplement cover deaths that occur from July 1st through the next June 30th. 

III. Student Newspaper Guidelines. Because of the periodic nature of student newspapers, no memorial pictures or articles will be published. Letters to the editor of tribute to the deceased student or of sympathy to family and/or friends may be published. Letters must be signed and are subject to editing, after consultation with the author(s). Staff editorials may be published, at the discretion of the editorial staff and with the approval of the newspaper sponsor. 

IV. Plaques with Brass Engraving Plates. Each school will display, when necessary, a plaque with brass engraving plates to recognize individual students who have died. The plaque will be no larger than twelve (12) by fifteen (15) inches. The top of the plaque will be engraved with the words, "In Memory." Individual plates will be engraved with the student's name and dates of birth and death. Individual plates will be removed after ten (10) years and offered to the student's parents or guardians. 

V. Other Memorials. Other student memorials may be established if there is no cost to the District, and with the consent of the deceased student's parents or guardians. 

A. Appropriate memorials may include: 

1. A memorial scholarship administered by the Millard Education Foundation. 

2. Plantings on school grounds (trees, shrubs, perennials). The type and placement of the planting will be approved by the school principal. Such plantings may be accompanied by a moveable granite ground marker no larger than twelve (12) by six (6) inches. The engraving on the marker will be limited to the student's name, dates of birth and death, and the words, "In Memory Of, " or, "Planted In Memory Of." The marker will be moved, when necessary, as the planting grows, and will be removed after ten (10) years and offered to the parents or guardians. 

3. Purchase of library books, CD Roms, DVDs, other electronic media, school supplies and equipment, with the approval of the principal. Donated books may include a book plate, and equipment may include an engraved plate no larger than two (2) by six (6) inches. Wording on the plates will be limited to, "Donated In Memory Of," or, "In Memory Of," and the student's name and dates of birth and death. Any engraved plate will be removed at the end of ten (10) years and offered to the parents or guardians. 

4. Monetary funds designated to a particular school activity or department. The use of funds will be approved by the principal. 

VI. Unacceptable memorials. Memorials which are not acceptable include those which may: 

A. Alter the conduct of a regular school instructional day. 

B. Alter school activities or the school activities schedule. 

C. Require the retirement or discontinued use of school property. 

D. Infringe on the separation of church and state. 

E. Require the use of public funds for purchase, development, or maintenance. 

VII. Existing Memorials. Any memorial plaque or name plates in existence at the time these guidelines are adopted, whether in compliance with these guidelines or not, will be removed ten (10) years after the death of the student involved and offered to the parents or guardians. 

VIII. Notice of Address Change. Parents or guardians of deceased students are encouraged to inform the school of any change of address so the District may return plaques, markers, and name plates to them, as provided in this Rule. 

Date of Adoption
October 3, 1994
Date of Revision
April 24, 2000
November 20, 2000
September 7, 2010
May 21, 2018

5800: District Computers, Software and Data Files

5800: District Computers, Software and Data Files holly Mon, 07/15/2019 - 09:43

District students will adhere to the laws, policies, and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, acts of terrorism, assault, threats, and student rights of privacy created by federal and state law.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
Reaffirmed
March 21, 2011
May 6, 2019

5800.1: Compliance with Applicable Law and Use of District Computers

5800.1: Compliance with Applicable Law and Use of District Computers holly Mon, 07/15/2019 - 09:47

I. Compliance With License Agreements. 

The District will comply with license agreements and/or policy statements contained in software packages used by the District. Questions about compliance with license agreements or use of a software package will be resolved through direct negotiation and mutual agreement with the software publisher, copyright holder, and/or licensor.

II. Computer Use Rules. 

In an effort to prevent violation of copyright laws and illegal software use, the following rules will apply:

A. The legal and ethical implications of software use will be taught to personnel and students at all levels where there is software use. 

B. The building principal, principal's designee, or appropriate supervisor or teacher will be responsible for informing District students of the District Computer and Software Policy and Rules.

C. When permission is obtained from a copyright holder to use software on a disk-sharing system, reasonable efforts will be made to prevent unauthorized copying. 

D. Under no circumstances will illegal copies of copyrighted software be made or used on District equipment.

E. The Executive Director of Technology or designee is authorized to sign software license agreements for District schools. Each school using licensed software shall keep a file containing a signed copy of software agreements.

F. The school principal or principal's designee will be responsible for establishing practices which will enforce the District Computer and Software Policy and Rule.

G. The following uses of District computers will be strictly prohibited:

1. Offensive Messages. The use, display or transmission of sexually explicit images, messages, or cartoons; ethnic slurs or racial epithets; or acts of terrorism, assault, or threats.

2. Personal, Commercial, and/or Religious Messages. Use for the purpose of solicitation or proselytization for commercial, religious, political, personal or any other non-student- related activity.

3. Computer Hackers. Any unauthorized use by students of District computers, including improper access of any District computer, which violates federal or state law.

4. Inappropriate Use of E-mail and/or Internet. The use of the District’s network, internet, and e-mail system, for purposes other than designated coursework, or for the downloading, viewing, or printing of internet material inappropriately dealing with drugs and/or alcohol or dealing with dangerous materials (that could be used in the manufacture of bombs and explosive devices) or weapons.

5. Chat Rooms on the Internet. Unless called for by the curriculum and regulated by District staff, students are not to use “chat rooms”, “social networking sites” or “blogs” on the internet. 

III. Review by District. 

District computers, programs, software, and networks are for educational use only, and any information carried or contained on District computers is subject to review by the District. If a student uses a non-District computer in a manner which provides access to or affects networks or information contained or stored in a District computer, this Rule shall be deemed to be violated.

IV. Prohibited Access. 

If a student or a student's parent has a District internet account, a non-District internet account, or any other account or program which would enable direct or indirect access to a District computer, any access thereto in violation of this Rule or any other District Rule may result in student discipline. If a student uses a computer to gain prohibited access to an account or accounts that the District has through a lease, rental agreement, or other contract with a third party including, but not limited to, the District's educational service unit, such student will be subject to student discipline under District Rule.

V. Violations. 

Violation of any part of this Rule may result in disciplinary action. In the case of computer hackers, this may include the notification of the appropriate federal or state law enforcement agency. 

VI. Reservation of Rights. 

The District reserves all rights it has under the fair use doctrine of the Copyright Acts.

VII. Definitions.

A. Computer Hacker. Computer hacker shall mean a computer user who attempts to gain unauthorized access to proprietary computer systems. 

B. Indirect Access to a District Computer. Indirect access to a District computer shall mean using a non-District computer in a manner which results in the user gaining access to a District computer, including access to any and all information, records, or other material contained or stored in a District computer.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
March 21, 2011
May 6, 2019

5800.2: Right of Access

5800.2: Right of Access holly Mon, 07/15/2019 - 09:52

The District reserves the right to have access to all computer programs and files, including any software programs and data files and/or creations of any description which reside on District computers and/or storage media.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
Reaffirmed
March 21, 2011
May 6, 2019

5800.3: Access to Student Records

5800.3: Access to Student Records holly Mon, 07/15/2019 - 09:58

District students shall not have access to student records unless specifically authorized or permitted by law. Electronic files, computer programs, and software containing student records are subject to Policy 5730 and Rule 5730.1 and the rights of privacy created by federal and state law.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
Reaffirmed
March 21, 2011

5900: Safety and Security

5900: Safety and Security holly Mon, 07/15/2019 - 10:02

The District will provide students with a safe, secure, healthful, and orderly school environment that is supportive of quality learning for all students. The District, and its schools, will implement procedures in a safety and security plan that addresses the safety and security of students, staff, and visitors; provides for the uniqueness of individual sites; and is evaluated at least annually by a District safety and security committee. The schools’ safety and security plans will be reviewed annually by one (1) or more persons who are not employees of the District and who are not on the District Safety and Security Committee. The Superintendent or designee will be responsible for safety and security procedures in the District.

Date of Adoption
March 19, 2001
Date of Revision
May 4, 2015
Reaffirmed
November 3, 2008
March 21, 2022

5900.1: District Safety and Security and Emergency Management Plans

5900.1: District Safety and Security and Emergency Management Plans holly Mon, 07/15/2019 - 10:05

I. District Safety and Security Procedures. 

The District will have written safety and security procedures that are disseminated to all principals and supervisors. District safety and security procedures will be implemented by all schools and buildings that house staff members or students within the District. 

A. The District’s safety and security procedures will include, at a minimum, the following:

1. Building access control.

2. Identification of school employees, contractors, vendors, and visitors.

3. Evacuation of buildings and campuses.

4. Implementation of the District Incident Command Team roles and responsibilities.

5. Guidelines for building level Safety and Security Plans.

6. District-wide alert procedures that when activated will initiate pre-established actions for staff and students in emergency situations.

7. Requirement that each school have a violence prevention program.

8. Guidelines for managing angry and out-of-control parents or adults who are visitors to the school; are abusive to students, staff or other visitors; and substantially disrupt the educational process.

9. Guidelines for monitoring and managing violent student behavior.

10 Post-intervention procedures for assisting students and staff after an emergency.

11. Guidelines for utilization of and training requirements for security staff and School Resource Officers within each school or building.

12. Guidelines for maintenance of grounds and facilities relative to safety and security

13. Guidelines for staff development relative to safety and security for all District employees.

II. District Emergency Management Plan. 

The District will develop and implement an Emergency Management Plan that will provide District-wide procedures for dealing with emergencies. The Emergency Management Plan will:

A. Contain the emergency procedures for responding to the following situations: abduction/missing/runaway student, bomb threats, school vehicle accident, earthquake or tornado, fire/gas leak/explosion, guns or weapons on campus, hostage situations, sexual battery, shooting or stabbing, student major disruption/demonstrations, and student/parent/staff death, suicide, or attempted suicide. 

B. Be reviewed and updated annually.

C. Be disseminated to all principals and designated personnel who are responsible for managing students in emergency situations.

III. District Safety and Security Committee. 

The District will develop and implement a standing District Safety and Security Committee.

A. The Director of Student Services will chair a standing District Safety and Security Committee which will be composed of:

1. District administrators;

2. District certificated staff;

3. Secondary students;

4. Parents; and

5. Community members.

B. The Safety and Security Committee will meet at least annually to review safety and security plans and procedures, including emergency management plans and procedures, and to make recommendations for changes in existing procedures or recommendations for new procedures which address the changing security needs of the District.

IV. District Crisis Team. 

A District Crisis Team will be developed and implemented. Crisis Team members will receive specialized training to assist building administrators in providing psychological support during and after times of crisis. The specialized training will help personnel to direct crisis resolution activities and to counsel students and staff in coping with the aftermath of crisis situations.

V. Evaluation and Review. 

District safety and security plans and procedures will be evaluated annually and revised according to areas of identified need.

A. The safety and security plans and/or facilities of the District’s buildings will be reviewed at least annually by the District Safety and Security Committee and the Director of Student Services or designee.

B. The District’s safety and security plans will be reviewed annually by one (1) or more persons who are not on the District’s Safety and Security Committee and who are not employees of the District. This review will include a visit to school buildings to analyze plans, policies, procedures, and practices, and provide recommendations. Any recommendations made as a result of the analysis will be forwarded to the Director of Student Services and to the District’s Safety and Security Committee to be considered in making revisions to the District’s safety and security plan.

Date of Adoption
March 19, 2001
Date of Revision
May 4, 2015
Reaffirmed
November 3, 2008
March 21, 2022

5900.2: Building Safety and Security and Emergency Management Plans

5900.2: Building Safety and Security and Emergency Management Plans holly Mon, 07/15/2019 - 10:07

I. Building Safety and Security Plans

Every school within the District will have a written site-specific safety and security plan that includes comprehensive procedures for coping with emergencies and the aftermath caused by crisis situations. Building safety and security plans will comply with all of the requirements that are stipulated in District Safety and Security Plans and Emergency Management Procedures. The principal will be responsible for development and implementation of the building safety and security plans.

II. Contents. The building safety and security plan shall:

A. Be a self-contained document that is separate from the Safety and Security Plan or the Emergency Management Plan that are distributed by the District. 

1. Be formatted to follow a District outline established by the District Safety and Security Committee.

2. Identify those procedures specific to the building that are not identified or detailed in the District Safety and Security Procedures. 

3. Procedures identified in the District Safety and Security Plan and Emergency Management Plan will not be included verbatim in building safety and security plans except as needed for clarification and continuity. 

4. Building safety and security plans should specify who, what, when, where and how District safety and security procedures will be carried out in that specific building.

B. Be in accordance with District policies, rules and procedures.

C. Define the roles and responsibilities of personnel during and after a crisis.

D. Identify Building Safe Team roles and responsibilities.

E. Provide a description of the continuity of leadership if the principal is incapacitated or unavailable.

F. Provide a plan for reducing repeat infractions of the Standards for Student Conduct dealing with violence.

G. Contain the plans for a violence prevention and intervention program.

H. Be reviewed and updated annually by the principal or the principal’s designee.

I. Be disseminated to all staff in the building.

J. Be approved by the Superintendent or designee. A copy of the plan will be submitted to Student Services.

K. Be reviewed annually by the District Safety and Security Committee.

L. Contain building emergency management plans that:

1. Identify those procedures specific to the building that are not identified or detailed in the District Emergency Management Plan. 

2. Are in accordance with District policy, rules and procedures.

3. Define the roles and responsibilities of personnel during and after a crisis.

4. Identify that emergency drills shall:

a. Be implemented at a variety of times from the beginning to the end of the school day;

b. Be implemented when students are in diverse locations (i.e., the cafeteria) and in a variety of activities throughout the building;

c. Not endanger students or staff; and

d. Provide that adequate orientation and instruction be provided early in the school year.

M. Be reviewed and updated annually by the principal or the principal’s designee.

N. Be disseminated to all staff in the building.

O. Be approved by the Superintendent or designee. A copy of the plan will be submitted to Student Services.

P. Be reviewed annually by the District Safety and Security Committee.

Date of Adoption
March 19, 2001
Date of Revision
May 4, 2015
Reaffirmed
November 3, 2008
March 21, 2022

5900.3: Emergencies - Fire Safety in the Schools

5900.3: Emergencies - Fire Safety in the Schools holly Mon, 07/15/2019 - 10:10

Each building shall conduct one (1) fire drill each month and shall keep all doors and exits unlocked for egress during school hours. Reports of the monthly fire drills are to be on file in each school, and the completed form shall be submitted to the State Fire Marshall at the end of each school year. The state regulations for fire drills shall be followed explicitly at all times, and copies of the state regulations shall be maintained in the office of each principal.

Date of Adoption
April 20, 1981
Date of Revision
September 10, 2001
May 4, 2015
Reaffirmed
November 3, 2008
March 21, 2022

5900.4: Emergency Dismissal

5900.4: Emergency Dismissal holly Mon, 07/15/2019 - 10:13

I. Dismissal Procedures

In the event of dismissal during the school day due to some emergency situation, the following procedures shall be followed:

A. Accounting for students and contacting parents.

1. Students living within walking distance of the attendance center shall be allowed to proceed home if in the determination of the building administration conditions are conducive to safe travel by foot. Parents or guardians shall be contacted before the student leaves the building.

2. Students who normally use school-provided or contracted transportation services shall remain at the attendance center until such vehicles arrive or until their parents or guardians provide alternative transportation.

3. Students shall be allowed to leave school with adults other than their parents or guardians only when permission is granted by the parents or guardians of the respective student.

B. If parents can not be contacted.

1. The student should remain under supervision at school or at the alternative site until the parents or emergency contact person can be reached.

2. If the parent has previously specified in writing, that the student can be released to a designated agency or individual, the student may be released.

Date of Adoption
June 16, 1975
Date of Revision
September 10, 2001
May 4, 2015
Reaffirmed
November 3, 2008
March 21, 2022

5900.5 Safe Student Transportation Plan

5900.5 Safe Student Transportation Plan jmcarson1 Fri, 12/13/2019 - 11:37

This Safe Student Transportation Plan sets forth the District’s plan for providing safe transportation to students being transported in vehicles on regular routes assigned through the District transportation plan. 

I. Weapons. Student transportation vehicles shall not transport any items, materials, weapons or look-a-like weapons, explosive devices or bomb-related materials or equipment which could endanger the lives, health, or safety of the students, other passengers, and the driver.  Look-a-like weapons associated with a school-sponsored or approved activity may be transported with written permission of an administrator of the District.  If possible, these items should be secured and not visible or accessible to students while in the vehicle.

Upon becoming aware of a weapon aboard a student transportation vehicle, the driver will make every attempt to: 
 
A. Contact dispatch and notify them of the situation if possible.  If not possible, the driver will make every attempt to telephone dispatch from a cell phone (after parking on a shoulder or otherwise not moving) or from the nearest safe haven location.  Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community service agency, etc.

B. Pull the vehicle over to a safe and secure area.

C. Confiscate the weapon (if doing so does not jeopardize student or driver safety).

D. Give a description of the weapon and the participating parties to dispatch.

E. Dispatch will immediately notify the appropriate law enforcement agencies and school administration.

II. Student Behavior. Students are expected to follow student conduct rules while in a student transportation vehicle.  The driver is responsible for controlling behavior which affects safety and for reporting rule violations to school administration.  In the event a student violates Board policy regarding student conduct standards or otherwise engages in behavior that jeopardizes safety, the driver will make every attempt to:

A. First seek to resolve the incident through discussion with the student(s) involved.

B. Contact dispatch and notify them of the situation if possible.  If not possible, the driver will make every attempt to telephone dispatch from a cell phone or from the nearest safe haven location.  Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community agency, etc.

C. Activate emergency flashers.

D. Bring vehicle to a safe stop.  Seek to resolve the incident, using physical force only as necessary to protect students or yourself.

E. Report and document discipline problems to the school administrator.  Use a Bus Conduct Report/Incident Form, if available.
 
III. Terrorist Threats. A person commits a terroristic threat if the person threatens to commit a crime of violence with the intent to terrorize another or with the intent of causing evacuation of a building, place of assembly or the vehicle or in reckless disregard of the risk of causing such terror or evacuation. Upon becoming aware of a terroristic threat relating to a student transportation vehicle, the driver will make every attempt to: 

A. Contact dispatch and notify them of the situation if possible.  If not possible, the driver will make every attempt to telephone dispatch from a cell phone or from the nearest safe haven location. Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community agency, etc. 

B. Make every attempt to keep passengers calm (this may mean complying with the terrorist).

C. Dispatch will immediately notify the appropriate law enforcement agencies and school administration. 

D. Driver should wait for instructions from dispatch.

IV. Severe Weather. Upon becoming aware of severe weather while aboard a student transportation vehicle, the driver will make every attempt to:

A. Contact dispatch and notify them of the situation if possible.  If not possible, the driver will make every attempt to telephone dispatch from a cell phone or from the nearest safe haven location. Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community agency, etc.
  
B. Return to the school if less than five minutes away and follow the directions of the school administrator.

C. If more than five minutes away from school, go to the nearest school and follow the directions of the school administrator.

D. If more than five minutes away from the nearest school or there is immediate danger, get to the nearest basement or underground shelter with all students.  

E. If there is no shelter and there is immediate danger the driver and passengers are to follow evacuation procedures and get everyone off the vehicle and into the nearest ditch or culvert at least 100 feet away from the vehicle.
 
V. Hazardous Materials and Unattended Items. Upon becoming aware of a hazardous material aboard a student transportation vehicle, the driver will make every attempt to:    

A. Contact dispatch and notify them of the situation if possible.  If not possible, the driver will make every attempt to telephone dispatch from a cell phone or from the nearest safe haven location. Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community agency, etc.

B. Pull the vehicle over to a safe and secure area.

C. Give a description of the hazardous materials in question to dispatch.

D. Dispatch will immediately notify the appropriate law enforcement agencies and school administration. 

E. Driver should wait for instructions from dispatch.

In the event an unattended item is discovered on or near the vehicle, the driver will seek to determine who the item belongs to and whether the item could be hazardous to the safety of those in the vehicle.  Any unattended item that would break or could cause injury if tossed about the inside of the vehicle when involved in an accident or sudden stop shall be secured.  If it is determined that the item is not hazardous and need not be secured, the driver will not allow the item to distract the driver’s attention to the task of operating the vehicle.

VI. Medical Emergencies. Upon becoming aware of a medical emergency aboard a student transportation vehicle, the driver will make every attempt to:

A. Contact dispatch and notify them of the situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cell phone or from the nearest safe haven location. Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community agency, etc.
  
B. Dispatch will immediately notify the appropriate medical agencies and school administration.

C. Driver should follow instructions from dispatch, school officials, and parents when such information can be obtained quickly.  If not available, follow emergency first aid procedures.

D. Only if necessary, the driver should move passengers only enough to get them out of danger of traffic or fire.  If moved, the driver and aide are to keep the passengers where placed until a medical agency arrives, unless a parent has taken charge of their child.

E. Driver should try to keep student passengers as calm as possible.

VII. Procedures in the Event of Mechanical Breakdowns of the Vehicle. Upon becoming aware of a mechanical breakdown aboard a student transportation vehicle, the driver will make every attempt to:

A. Pull the vehicle over to a safe and secure area if possible.

B. Contact dispatch and notify them of the situation if possible.  If not possible, the driver will make every attempt to telephone dispatch from a cell phone or from the nearest safe haven location.  Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community agency, etc.

C. Activate emergency flashers and place warning flares/reflectors in accordance with safety guidelines, if not in a secure area.

D. Driver should try to keep student passengers as calm as possible.

E. Dispatch will arrange for assistance and a relief vehicle if needed.

VIII. Procedures in the Event the Drop-off Location is Uncertain or Appears Unsafe to Leave Students. In the event the drop-off location is uncertain or appears unsafe to leave students, the driver will make every attempt to:

A. Contact or otherwise communicate with dispatch to notify them of the situation. 

B. Release students only if an adult responsible for the student is present. If not, keep students who are to be released in the vehicle, continue with route, and return students who were to be released to the school.

C. Dispatch will notify the appropriate law enforcement agencies and school administration if appropriate given the circumstances.

IX. Transportation of Unsafe Items.  Drivers shall not permit student transportation vehicles to transport any items, animals, materials, weapons or look-a-like weapons, or equipment which in any way would endanger the lives, health or safety of the students or other passengers and the driver.  Look-a-like weapons associated with a school sponsored or approved activity may be transported only with written permission of a school administrator.  Any items that would break or could cause injury if tossed about the inside of the vehicle when involved in an accident or sudden stop shall be secured.

X. Functional Capacity of Student Transportation Drivers.  All student transportation drivers must pass a functional capacity assessment to confirm a driver’s ability to perform the requirements of the job.
 
XI. Documentation under Safe Student Transportation Plan.  Each student transportation driver is required to complete and submit to the school administration a bus conduct report or incident report involving the student transportation vehicle operated by the driver or any students transported in it.  Documentation is to include the occurrence of any of the following events: weapons, student behavior which affects safety, terroristic threats, severe weather, hazardous materials, or medical emergencies.   Documentation of such events shall be completed and submitted as soon as practicable after the incident. 

XII. Supplemental Information. A copy of this Plan shall be placed in each student transportation vehicle, kept at each school building, and made available upon request. Supplemental information with respect to operational and procedural guidelines used to administer this Plan can be found in the District’s Safety and Security Plan adopted pursuant to 92 Nebraska Administrative Code Chapter 10 and in the Nebraska Department of Education Student Transportation Guide.   

XIII. Drivers of Small Vehicles on Activity Trips.  The District will provide drivers of small vehicles on activity trips with instruction on and guidance for emergency evacuation procedures, first aid, and emergency equipment.  Drivers of small vehicles on activity trips are generally expected to follow this Plan in the event of an emergency evacuation. The District’s Director of Transportation may provide additional guidance for drivers of small vehicles on activity trips to increase student safety.

XIV. Student Instruction.  At least twice during each school year, each student who is transported in a school vehicle shall be instructed in safe riding practices and participate in emergency evacuation drills.

 

Date of Adoption
December 2, 2019

6000: Curriculum, Instruction and Assessment

6000: Curriculum, Instruction and Assessment unanimous Thu, 02/28/2019 - 14:33

6000: General Policy Statement

6000: General Policy Statement unanimous Tue, 07/30/2019 - 17:01

 

The professional staff of the Millard Public Schools is responsible for the development, improvement, and maintenance of a comprehensive educational program that consists of curriculum, instruction, assessment, and professional learning which is in accordance with federal regulations, the provisions of the constitution of the state, the acts of the legislature, the rule and regulations of the state board of education, and the policies and rules of the Millard Board of Education, district strategic plan, and administrative regulations.

Date of Adoption
June 15, 1992 (revised)
Date of Revision
June 15, 1992
November 10, 1997
April 19, 1999
October 6, 2008
October 18, 2021
Reaffirmed
October 3, 2005
January 5, 2015

6001: Millard Education Program (MEP)

6001: Millard Education Program (MEP) holly Mon, 07/15/2019 - 10:16

Philosophy 

The educational programs of the Millard Public Schools shall comply with all state and federal laws and regulations and shall guarantee that each student develops the character traits and masters the knowledge and skills necessary for personal excellence and responsible citizenship. The educational program will be called the Millard Education Program. 

The Millard Education Program (MEP) will consist of content curriculum, appropriate instructional strategies, and valid assessment methodologies. This program will utilize a standards-driven, accountability-based model. 

Operationalization 

District-wide planning will result in the alignment of the written, taught and assessed curriculum. A comprehensive staff development program shall provide all staff with the skills to deliver the curriculum and assess student learning.

Date of Adoption
April 19, 1999
Date of Revision
August 2, 2004
October 3, 2011
Reaffirmed
August 7, 2017

6001.1: Millard Education Program (MEP)

6001.1: Millard Education Program (MEP) holly Mon, 07/15/2019 - 10:21

For the purpose of the Millard Education Program the following definitions shall apply. 

Content curriculum – identified knowledge, skills, and processes 

Instructional strategies – teaching practices that support student learning 

Assessment methodologies – processes by which student performance and mastery are judged 

Millard Standards – District developed essential learner outcomes for academic and College and Career Readiness skills that are based on state academic content standards and indicators 

Accountability – roles and responsibilities of the board of education, superintendent, central office personnel, building personnel, and students, relative to the MEP 

Alignment – demonstrated relationship among written, taught, and assessed curriculum 

Staff Development – Professional opportunities whereby employees gain the knowledge and skills necessary to implement the District curriculum to improve student learning.

Date of Adoption
April 19, 1999
Date of Revision
August 2, 2004
October 3, 2011
August 7, 2017

6002: Non-Discrimination

6002: Non-Discrimination holly Mon, 07/15/2019 - 11:20

The District’s education program shall not unlawfully discriminate on the basis of race, color, religion, national origin, marital status, disability, age, sex, sexual orientation, gender, gender identity, or on any other basis prohibited by federal, state, or local laws in admission or access to, or treatment of employment, or in its educational programs or activities. 

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

Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3. 

Date of Adoption
November 17, 1975
Date of Revision
November 10, 1997
April 19, 1999
June 21, 2004
November 20, 2006
September 20, 2010
July 9, 2018
November 16, 2020

6005: System Wide Planning for Curriculum, Instruction and Assessment and Staff Development

6005: System Wide Planning for Curriculum, Instruction and Assessment and Staff Development holly Mon, 07/15/2019 - 11:23

 

It shall be the responsibility of the Office of the Superintendent to provide and direct system-wide planning for curriculum, instruction, assessment, and staff development.

Date of Adoption
April 19, 1999
Reaffirmed
October 3, 2005
February 20, 2012
September 4, 2018

6010: Comparability

6010: Comparability holly Mon, 07/15/2019 - 11:27

It shall be the policy of the Millard Public Schools to provide comparable curriculum, instruction, assessment, and professional learning to each school in the District.

Date of Adoption
January 10, 1983
Date of Revision
May 3, 1999
October 6, 2008
October 18, 2021
Reaffirmed
November 21, 2005
January 5, 2015

6010.1: Comparability of Curriculum, Instruction and Assessment

6010.1: Comparability of Curriculum, Instruction and Assessment holly Mon, 07/15/2019 - 13:22

The superintendent or his/her designee, prior to the commencement of each school year, shall collect such information necessary to enable him/her to determine the comparability of resources provided to schools of the district. The following district identified areas must be considered and provided:

I. Curriculum resources
II. Instructional resources
III. Assessment resources
IV. Professional learning resources

All information collected shall be retained as evidence of implementation of the district’s policy of comparability. Any adjustments deemed necessary based upon the data collected shall be made accordingly; provided, however, the district is not required to provide services outside the regular classroom or school program.

Date of Adoption
January 10, 1983
Date of Revision
May 3, 1999
October 6, 2008
October 18, 2021
Reaffirmed
December 5, 2005
January 5, 2015

6020: School Calendar

6020: School Calendar holly Mon, 07/15/2019 - 13:37

Each year the Board of Education shall approve and adopt a school calendar for the ensuing two school years.

Date of Revision
November 2, 1992
April 19, 1999
Reaffirmed
October 2, 2006
April 16, 2012
April 15, 2019

6020.1: School Calendar

6020.1: School Calendar holly Mon, 07/15/2019 - 13:41

A school calendar for the Millard Public Schools as approved and adopted by the Board of Education will comply with the laws of the State of Nebraska and regulations of the State Department of Education.

The calendar shall provide time for orientation and inservice for staff members.

Date of Revision
November 2, 1992
November 6, 1995
March 2, 1998
April 19, 1999
March 6, 2006
April 15, 2019
Reaffirmed
October 2, 2006
April 16, 2012

6020.2: Emergency Dismissal

6020.2: Emergency Dismissal holly Mon, 07/15/2019 - 13:44

Except for those dates designated on the school calendar, school shall not be dismissed except by action of the Board or in those emergency situations as determined by the Superintendent. Only in instances of emergency will schools be dismissed during the school day.

Date of Revision
September 10, 2001
Reaffirmed
October 2, 2006
April 16, 2012
April 15, 2019

6025: Instructional Hours

6025: Instructional Hours holly Mon, 07/15/2019 - 13:55

The Superintendent will ensure that all schools within the District shall meet the statutory requirements for annual instructional time of at least 400 hours for kindergarten, 1032 hours for students up through grade 8, and 1080 hours for students in grades 9 through 12.


When a school is dismissed for any reason such as tournaments or contests, parent/teacher conferences, funerals, parades, or school picnics, time shall not be counted in meeting the instructional hour school year requirement. Time scheduled for the school lunch period shall not be counted in meeting the school year requirements.

Date of Adoption
November 6, 2000
Date of Revision
October 1, 2007
Reaffirmed
September 16, 2013
August 17, 2020

6031: School Day for Students

6031: School Day for Students holly Mon, 07/15/2019 - 13:59

The school day shall be established by the Superintendent, with approval of the Board, in such a way that students are given the best opportunity for their educational growth and development.


All students of the District will be required to be in attendance during instructional time as required by the laws of the State of Nebraska, unless excused in accordance with state law or district attendance policies.

Date of Adoption
April 20, 1981
Date of Revision
March 16, 1998
October 16, 2000
March 6, 2006
Reaffirmed
September 15, 2008
January 5, 2015
August 21, 2017

6031.1: School Day for Students

6031.1: School Day for Students holly Mon, 07/15/2019 - 14:02

In designing the school day, the following considerations are to be met:

I. The learning activities are to be carefully guided and supervised. 

II. Opportunities shall be provided so as to receive assistance from teachers outside of the regular school day. 

III. Instructional hour for K-12 means a period of time, at least sixty (60) minutes, which is actually used for the instruction of students.

Instructional hour in a preschool program means a period of time, at least sixty (60) minutes, which is used for teaching in the following areas of children’s growth and learning: social-emotional development; cognitive learning in the areas of language and literacy; mathematics, science and problem-solving; creative arts; health and nutrition; and physical and motor development. Meal or snack time is a part of the program curriculum and provides opportunities for learning and social development, as well as nutrition, and therefore is included as part of the instructional time. 

IV. The instructional hours per full school day will be up to six and three-quarter (6¾) hours in the elementary schools and up to seven (7) hours in the secondary schools. An alteration of the school day shall be subject to the approval of the Office of the Superintendent. 

V. Parents of students and the general public shall be informed of the reasons for the variations which may exist in the times designated for the beginning and ending of the school day. 

VI. High school students shall take a minimum of four (4) classes (two in block) each semester. 

VII. Early dismissal to facilitate student employment shall be limited to course- related work study and/or internship programs. Exceptions due to hardship may be granted by the building principal or their designee. 
 

Date of Adoption
June 16, 1975
Date of Revision
March 16, 1998
April 24, 2000
October 16, 2000
March 6, 2006
September 15, 2008
May 16, 2011
Reaffirmed
August 21, 2017

6040: Ceremonies and Observances

6040: Ceremonies and Observances holly Mon, 07/15/2019 - 14:06

The flags of the United States of America and the State of Nebraska shall be prominently displayed on the school grounds of every school on each day that such school is in session. All flag displays shall be in accordance with the standards prescribed for the display of the flag of the United States of America.

Date of Adoption
June 16, 1975
Date of Revision
March 16, 1998
March 6, 2006
Reaffirmed
October 1, 2012
June 3, 2019

6040.1: Flag Salute and Treatment

6040.1: Flag Salute and Treatment holly Mon, 07/15/2019 - 14:09

The Superintendent or Superintendent’s designee at each building in the District shall be responsible for the care and display of the Flag and shall adhere to rules and customs pertaining to the use and display as set forth in the United States Code.

Date of Adoption
June 16, 1975
Date of Revision
March 16, 1998
April 19, 1999
March 6, 2006
October 12, 2012
Reaffirmed
June 3, 2019

6040.2: Pledge of Allegiance

6040.2: Pledge of Allegiance holly Mon, 07/15/2019 - 14:12

Each of the District’s schools shall establish a period of time during the school day, when a majority of the students are scheduled to be present, during which time students will be led in the recitation of the Pledge of Allegiance in the presence of the flag of the United States of America. Student participation in the recitation of the Pledge of Allegiance shall be voluntary. Students not participating in the recitation of the Pledge of Allegiance shall be permitted to silently stand or remain seated but shall be required to respect the rights of those students electing to participate.

Date of Adoption
October 1, 2012
Reaffirmed
June 3, 2019

6041: Holiday Observances - Laws and Requirements

6041: Holiday Observances - Laws and Requirements holly Mon, 07/15/2019 - 14:14

The Millard Public School District shall observe holidays designated by the law and as required in observance of American citizenship and patriotic exercises.

Date of Adoption
April 19, 1999
Date of Revision
March 6, 2006
Reaffirmed
March 6, 2006
January 5, 2015
October 18, 2021

6041.1: Holiday Observances - Laws and Requirements

6041.1: Holiday Observances - Laws and Requirements holly Mon, 07/15/2019 - 14:16

Holidays which are required by law to be observed by public school districts in Nebraska will be included in the District’s curriculum guides and will identify the District staff who are responsible for the instruction of students.

Appropriate patriotic exercises suitable to the occasion shall be held under the direction of the superintendent on George W. Norris Day on January 5, President’s Day (George Washington's birthday and Abraham Lincoln's birthday), Dr. Martin Luther King Day (Dr. Martin Luther King, Jr.'s birthday), Native American Heritage Day, Constitution Day, Memorial Day, Veterans Day, and Thanksgiving Day, or on the day or week preceding or following such holiday, if the District’s schools are not in session.

Date of Adoption
September 15, 2008
Date of Revision
October 18, 2021
Reaffirmed
January 5, 2015
June 3, 2019

6100: Written Curriculum - Millard Education Program (MEP)

6100: Written Curriculum - Millard Education Program (MEP) holly Mon, 07/15/2019 - 14:18

 

A written curriculum shall be developed and approved by the Board of Education. The curriculum shall be standards-driven and accountability-based. The curriculum shall be articulated PreK-12, meet district established content standards and reflect the comprehensive plan of the District. As defined in statute, the standards will align to state standards in the areas of reading, writing, mathematics, science, and social studies. The implementation of this curriculum is the responsibility of all professional staff.

Date of Adoption
May 3, 1999
Date of Revision
September 7, 2021
Reaffirmed
October 3, 2005
February 20, 2012
September 4, 2018

6101: Written Curriculum - Accountability

6101: Written Curriculum - Accountability holly Mon, 07/15/2019 - 14:21

The Board of Education of the Millard Public Schools directs that a written curriculum be developed and implemented. It shall be the responsibility of the Superintendent to provide for the development and implementation of the written curriculum. 

Date of Adoption
May 3, 1999
Reaffirmed
October 3, 2005
February 20, 2012
September 4, 2018
August 16, 2021

6110: Written Curriculum - Content Standards

6110: Written Curriculum - Content Standards holly Mon, 07/15/2019 - 14:24

The written curriculum of the Millard Public Schools will reflect district-established content standards. These content standards describe the knowledge, skills, and processes that are taught, learned, and assessed. As defined in statute, the standards will align to state standards in the
areas of reading, writing, mathematics, science, and social studies.

The District’s content standards shall consist of Academic Skills and Applications, and College and Career Readiness Skills. Academic skills and applications shall be in the areas of language arts, mathematics, science, social studies, financial literacy, human resources, technology, fine and performing arts, and personal development and well-being. College and career readiness skills shall be in the areas of critical thinking and problem-solving skills, creativity and innovation, collaboration and teamwork, communication, and citizenship and personal responsibility. District content standards shall be referred to as Essential Learner Outcomes (ELOs).

Date of Adoption
May 3, 1999
Date of Revision
December 4, 2006
March 2, 2009
August 19, 2013
September 7, 2021
January 23, 2023
Reaffirmed
August 17, 2020

6110.1: Written Curriculum - Content Standards

6110.1: Written Curriculum - Content Standards holly Mon, 07/15/2019 - 14:26

ACADEMIC SKILLS AND APPLICATIONS

Students will demonstrate proficiency by meeting established standards through course requirements and for assessments identified by the District for specific purposes. This proficiency, along with the successful completion of 230 credits and a Personal Learning Plan (PLP), is used for diploma granting or denial.

LANGUAGE ARTS

Students will:

  • develop and apply decoding and language comprehension skills and strategies to comprehend and learn from increasingly complex texts.
  • apply reading skills and strategies to comprehend grade-level literary and informational texts.
  • build and use conversational, academic, and discipline-specific, grade-level vocabulary.
  • apply writing skills and strategies to communicate effectively for a variety of purposes.
  • apply speaking and listening skills and strategies to communicate effectively for a variety of audiences and purposes.

MATHEMATICS

Students will:

  • reflect an understanding of skills necessary for success within the comprehensive strands of Number, Algebra, Geometry, and Data.
  • apply mathematics knowledge and processes within real-world contexts.
  • make sense of mathematical problems and persevere in solving them.
  • analyze relationships in order to create mathematical models given situations or scenarios.
  • communicate mathematical ideas effectively and appropriately critique the reasoning of others as well as provide mathematical justifications.
  • connect mathematics knowledge, ideas, and skills beyond the mathematics classroom.

SCIENCE

Students will:

  • reflect an understanding of skills necessary for success within the domains of Life, Physical, Earth & Space, and Engineering Sciences.
  • investigate, evaluate, and develop explanations and solutions.
  • combine science content knowledge with critical thinking and practices used by scientists and engineers.
  • apply literacy and mathematics skills in relevant and authentic ways to construct scientific literacy.

SOCIAL STUDIES

Students will:

  • apply civic, economic, geographic, and historical knowledge and skills to make informed decisions.
  • develop questions that frame and advance inquiry.
  • evaluate sources, develop claims, and communicate conclusions using evidence-based reasoning.

FINANCIAL LITERACY

Students will:

  • demonstrate skills to manage financial resources for short and long-term priorities.
  • analyze financial choices using resources.

HUMAN RESOURCES

Students will:

  • interact positively with all people to communicate effectively.
  • understand ethnic and cultural differences.
  • apply awareness of current local, national, and global news and world cultures and languages.

TECHNOLOGY

Students will:

  • obtain, organize, and communicate information electronically.
  • use a variety of technological resources to solve problems.
  • understand the ethical uses of information and technology related to privacy, intellectual property and cyber security issues.

FINE AND PERFORMING ARTS

Students will:

  • develop and apply knowledge and skills to create, present/perform, and respond to fine and performing arts, making connections to human experiences.
  • develop and apply knowledge and skills to the creative and collaborative process.

PERSONAL DEVELOPMENT AND WELL-BEING

Students will:

  • understand human growth and development, identify the values of good nutrition and physical activity, and evaluate the impact of addictive substances and behaviors.
  • build healthy social relationships with supportive friends and family in the community.
  • use resources to develop a personal education and career plan to meet goals and objectives.
  • communicate experiences, knowledge, and skills identified in a résumé or portfolio and present a professional image when interviewing.

COLLEGE AND CAREER READINESS SKILLS

The following standards and indicators are not measured by district-wide assessments for diploma-granting or denial.

CRITICAL THINKING AND PROBLEM-SOLVING SKILLS

Students will:

  • demonstrate the ability to reason critically, systematically, and logically to evaluate situations and resources from multiple perspectives.
  • conduct research, gather input, and analyze information necessary for decision-making.
  • develop and prioritize possible solutions with supporting rationale using valid research, historical context, and balanced judgment.
  • demonstrate a willingness to learn new knowledge and skills.
  • exhibit the ability to focus, prioritize, organize, and persevere through the unknown.
  • recognize factors, constraints, goals, and relationships in a problem situation.
  • evaluate solutions and determine the potential value toward solving the problem.
  • demonstrate resilience to solve problems.

CREATIVITY AND INNOVATION

Students will:

  • search for new ways to optimize efficiency.
  • encourage and appreciate new and creative ideas of others.
  • use information, knowledge, and experience to generate original ideas and challenge assumptions.
  • know when to curb the creative process and begin implementation, determine the feasibility of improvements for ideas and concepts, seek feedback/critique, and act on new ideas to effectively implement them.
  • accept and incorporate constructive criticism into proposals for innovation.

COLLABORATION AND TEAMWORK

Students will:

  • contribute to team-oriented projects, problem-solving activities, and assignments.
  • engage team members, build consensus, utilize individual talents, strengths, and skills, and take responsibility for individual and shared group tasks.
  • demonstrate the ability to disagree with a team member in a constructive and respectful manner, anticipate potential sources of conflict and negotiate to resolve issues.
  • develop both the ability to serve as a leader and also to work with leaders on a team.

COMMUNICATION

Students will:

  • utilize effective oral and written communication skills.
  • be aware of tone and communicate with respect.
  • utilize professional etiquette.
  • take responsibility for social media presence.

CITIZENSHIP AND PERSONAL RESPONSIBILITY

Students will:

  • demonstrate effective self -regulation.
  • advocate for themselves.
  • respect diversity and the rights of others and treat others in a considerate and non-demeaning manner.
  • demonstrate the ability to manage time.
  • demonstrate the ability to follow directions/classroom rules and comply with policies, rules, and procedures.
  • contribute positively to the learning environment.
  • volunteer to help others.
  • demonstrate integrity, self-discipline, positive attitude, reliability, dependability and commitment.
  • take personal responsibility for and understand the consequences of actions and emotions.
  • participate in school and/or community organizations and extracurricular activities.
  • engage with the community and local government through attendance, participation, and service.
  • demonstrate a respect for laws and regulations and those who enforce them.
  • consider the ethical implications and long-term consequences of decisions and actions on personal reputation and credibility.
Date of Adoption
May 3, 1999
Date of Revision
December 5, 1996
June 18, 2001
July 21, 2003
December 4, 2006
March 2, 2009
March 1, 2010
April 18, 2011
August 19, 2013
November 3, 2014
July 11, 2022

6120: Written Curriculum - MEP Curriculum Planning

6120: Written Curriculum - MEP Curriculum Planning holly Mon, 07/15/2019 - 14:32

The Millard Board of Education recognizes its responsibility to provide that all students demonstrate the character, knowledge, and skills necessary for personal excellence and responsible citizenship. Furthermore, it recognizes that to provide equal opportunity for all students a dynamic curriculum is needed to provide diverse opportunities which challenge each student. 

To fulfill this responsibility in a comprehensive and systematic manner, the Millard Board of Education assigns to the Office of the Superintendent the responsibility for system wide planning for curriculum, instruction, and assessment. This will be accomplished through the following curriculum planning phases: 

I. Research and Alignment 

II. Curriculum Development 

III. Implementation 

IV. Curriculum Monitoring 

Date of Adoption
May 3, 1999
Date of Revision
August 2, 2004
May 18, 2009
September 7, 2021
Reaffirmed
October 4, 2010
June 5, 2017

6120.1: Written Curriculum - MEP Curriculum Planning

6120.1: Written Curriculum - MEP Curriculum Planning holly Mon, 07/15/2019 - 14:45

The curriculum planning phases are designed as a means by which system wide planning occurs. The four phases are as follows: 

I. Research and Alignment

II. Curriculum Development 

III. Implementation 

IV. Curriculum Monitoring 

The steps in each of these phases will include an analysis of operational tasks which include, but are not limited to, the following: multicultural integration, technology, school-to-career/applied academics, staff development, support programs, and resource allocation. 

I. Phase I: Research and Alignment

A. Prepare Data Book to Provide Research and Data to Participants

B. Identify Participants from Staff and Community for Committees 

C. Curriculum and Instruction MEP Facilitator and Instructional Technology MEP Facilitator Activities Completed to Prepare for the Process 

D. Curriculum Planning Committee Participants Receive and Review Provided materials 

E. Curriculum Planning 

F. Resource Evaluation Preparation 

G. PK-12 Framework Preparation 

H. Textbook/Instructional Materials Initial Selection: Initial Selection and/or Creation of Digital Instructional Materials or Resources 

I. Textbook/Instructional Materials: Field Study Preparation 

J. PK-12 Framework Completion 

K. PK-12 Framework Part A Presented to Board of Education for Approval 

II. Phase II: Curriculum Development 

A. Select and Develop Curricular Resources 

B. Step Ahead Implementation 

C. Devise Implementation Plan 

D. Host Community Curriculum Review Nights 

E. Instructional Materials Recommendation Presented to the Committee on American Civics (as required) and to the Board of Education for Approval 


F. PK-12 Instructional Framework Part B Presented to the Board of Education for Approval

G. Course Guide Development 

H. Materials Training for all Staff 

III. Phase III: Implementation 

A. Deliver District Resources to Buildings 

B. The Curriculum and Instruction MEP Facilitators(s) in collaboration with the Instructional Technology MEP Facilitator(s) and/or Leadership and Learning, will provide District staff development opportunities including best instructional practices and most effective strategies 

C. Provide administrators staff development and documentation to assist in monitoring the written, taught, and assessed curriculum, including, but not limited to instructional practices and fidelity of implementation via walk- through/best practices guide for principals 

D. Implement courses using new course guides and PK-12 Framework 

E. Collaborate with Assessment, Research, and Evaluation and Special Education to create the District ELO as defined in 6315.1 and Demonstration of Proficiency 

F. Monitor implementation and adjust course guides as needed 

G. Continue curriculum development process for Selection or Creation of Digital Instructional Materials or Resources (digital resources/textbooks) and/or courses related to Textbook/Instructional items purchased second round adoption as appropriate – Continue Phase II as outlined above

IV. Phase IV: Curriculum and Instruction Monitoring 

A. Evaluate implementation 

B. Analyze Relevant Student Data 

C. Provide Resources and Staff Development 

D. Provide resources and staff development towards related best instructional practices for teachers and administrators including fidelity of implementation (walk-through/best practices guide for principals) 

E. Monitor implementation and adjust course guides and digital learning resources through collaborative efforts between the Curriculum and Instruction MEP Facilitator, the 

F. Instructional Technology MEP Facilitator, and teachers as needed 
Collect student and program assessment data to determine additional or alternate program needs 

G. Transition/ preparation for Phase I during the last year of Phase IV 

Date of Adoption
May 3, 1999
Date of Revision
August 2, 2004
May 18, 2009
October 4, 2010
July 2, 2012
November 17, 2014
June 5, 2017
September 7, 2021

6121: Written Curriculum - Planning Timelines

6121: Written Curriculum - Planning Timelines holly Mon, 07/15/2019 - 14:47

 

The Board of Education of the Millard Public Schools directs the Superintendent to develop and maintain appropriate and realistic timelines for curriculum development which includes all subject areas.

Date of Adoption
May 3, 1999
Reaffirmed
October 3, 2005
February 20, 2012
September 4, 2018
August 16, 2021

6130: Written Curriculum - Frameworks and Course Guides

6130: Written Curriculum - Frameworks and Course Guides holly Mon, 07/15/2019 - 14:54

The Superintendent shall establish the curriculum guidelines to articulate and coordinate the written curriculum and to provide consistency of the written curriculum from one level of the District to the next. The curriculum guidelines shall provide for the development of the District’s curriculum and shall identify essential educational outcome criteria, set academic standards, and provide for the implementation, monitoring and assessment of student learning.

Date of Adoption
May 3, 1999
Date of Revision
December 5, 2005
May 18, 2009
Reaffirmed
October 4, 2010
June 5, 2017
August 16, 2021

6130.1: Curriculum Framework

6130.1: Curriculum Framework holly Mon, 07/15/2019 - 14:56

Curriculum frameworks shall be developed for each curricular area and provide the vision of the essential content of that curricular area. Frameworks shall be approved by the Board of Education. Curriculum frameworks will be comprised of the following: 

I.    Philosophy of the content area 

II.   Relationship of Framework to Millard Public Schools Academic and College and Career Readiness Essential Learning Outcomes 

III.  Curriculum Planning Committee, Focus Group Participants, and Textbook/Instructional Materials Selection Committee(s) 

IV.  Timeline of Development Events 

V.    PK-12 scope and sequence derived from state standards and indicators or those      

       recommended by national/professional organizations 

VI.   Grade level and list of courses where standards and indicators will be taught 

VII.  Instructional approaches 

VIII.  Appendix containing supporting documents and course descriptions for new courses

Date of Adoption
May 3, 1999
Date of Revision
February 20, 2006
May 18, 2009
October 4, 2010
June 5, 2017
November 19, 2018
Reaffirmed
August 16, 2021

6130.2: Course Guides

6130.2: Course Guides holly Mon, 07/15/2019 - 15:00

Course Guide development applies to all PK-12 approved courses. Course Guides shall be based on approved PK-12 Framework. Course Guides shall be provided to the staff for all courses at every level and shall set forth the following:

I. Course Name 

II. Course Description 

III. Standards and indicators taught within course 

IV. Instructional practices – whole group, small group, individual 

V. Instructional Sequence/Pacing 

VI. Required/Critical lessons and activities vs. Suggested/Optional 

VII. Differentiation 

A. Extensions/Enrichments 

B. Accommodations 

C. Interventions (MTSS) 

VIII. Resources 

IX. Formative and Summative Assessments (aligned to standards and indicators and critical/required lessons) 

X. Integration with other content areas as appropriate 

XI. Guides should consider and appropriately address the following statutory and district strategic plan components: diversity and Multiculturalism; technology; service learning; College and Career Readiness skills; HAL. 

XIII. Specialized guides for HAL; ELL; special education, alternative education and district special programs (CORE, Montessori, IB, Academies) should be developed as needed at the same time as course guides.

Date of Adoption
May 3, 1999
Date of Revision
February 19, 2007
May 18, 2009
October 4, 2010
June 5, 2017
August 16, 2021

6200: Taught Curriculum - Instructional Delivery

6200: Taught Curriculum - Instructional Delivery holly Mon, 07/15/2019 - 15:02

In order to enable the alignment of the taught curriculum with the written curriculum, the Millard Public Schools shall identify clearly defined standards for the District’s staff. These standards are referred to as “Indicators of Effective Teaching and Learning” and are included in the Millard Instructional Model. The five domains of the Millard Instructional Model are:

I. Planning

II. Instruction

III. Assessment

IV. Learning Environment

V. Professionalism

The “Indicators of Effective Teaching and Learning” of the Millard Instructional Model have been incorporated into the teacher evaluation process and used by administrators, in conjunction with curriculum frameworks and guides, to monitor the taught curriculum.

Date of Adoption
May 3, 1999
Date of Revision
October 2, 2006
June 2, 2008
October 20, 2014
Reaffirmed
May 19, 2003
April 19, 2021

6200.1: Taught Curriculum - Instructional Delivery

6200.1: Taught Curriculum - Instructional Delivery holly Mon, 07/15/2019 - 15:06

Within each domain of the Millard Instructional Model are standards referred to as “Indicators of Effective Teaching and Learning”. The domains and standards are:

Millard Instructional Model

Indicators of Effective Teaching and Learning

Domain 1: Planning

I. Teacher plans with individual learning results in mind.

A. Teacher utilizes the standards and indicators defined by the Millard Educational Program in planning essential learning outcomes and objectives in each area of study.

B. Teacher uses individualized assessment data to determine learning objectives for students.

C. Teacher designs lessons and units that incorporate effective practices.

Domain 2: Instruction

II. Teacher delivers well-designed units and lessons so that students achieve desired learning results.


A. Teacher communicates and reinforces daily, weekly, and unit learning goals and objectives throughout instruction.

B. Teacher uses effective instructional strategies to ensure growth in student achievement.

III. Teacher ensures all students learn the Millard curriculum through multiple and diverse learning opportunities. 

A. Teacher delivers the District approved curriculum with fidelity and differentiates for student needs.

IV. Teacher uses instructional strategies that result in meaningful understanding and application of learning.

A. Teacher links new learning to past learning and real life experiences.

B. Teacher organizes instruction so that students become productive and independent learners.

C. Teacher facilitates critical thinking and problem solving.

Domain 3: Assessment

V. Teacher continually monitors student progress and adjusts instruction to optimize individual student learning.

A. Teacher uses effective and balanced assessment practices that allow the teacher and students to monitor learning.

B. Teacher uses assessment data before, during, and after instruction to monitor understanding and to adjust instruction.

VI.Teacher grading practices reflect evidence of student learning.

A. Teacher determines grades based on student achievement of standards and indicators defined by the District curriculum.

B. Teacher assigns grades that are fair, consistent, timely and clearly reported.

Domain 4: Learning Environment

VII. Teacher establishes a physically and emotionally safe learning environment.


A. Teacher establishes a physical space that is safe, accessible, and organized for learning.

B. Teacher establishes a classroom environment that is emotionally safe and inclusive.

VIII. Teacher implements a classroom management system that complies with and supports building and District policy.

A. Teacher establishes a proactive classroom management plan appropriate for the developmental level of students to promote emotional, social, and academic growth.

B. Teacher implements and maintains the classroom management plan.

IX. Teacher collaborates with students, parents, families, and the community to create meaningful relationships that enhance the learning process.

A. Teacher fosters and communicates multiple and diverse opportunities to support learning activities at home and school.

B. Teacher creates a culturally sensitive and bias free learning environment.

Domain 5: Professionalism

X. Teacher embraces continuous professional growth and contributes to school and District improvement.

A. Teacher pursues professional development and reflective practice to improve instruction.

B. Teacher supports the mission and beliefs of the school and District to share the responsibility for the growth of student learning, development and achievement.

XI. Teacher performs job-related responsibilities and acts as an ethical, responsible, member of the professional community.

A. Teacher performs job-related duties by adhering to established laws, policies, rules, and building expectations.

B. Teacher contributes to a positive, professional workplace.

C. Teacher communicates in a professional manner.

Date of Adoption
May 3, 1999
Date of Revision
July 16, 2001
May 19, 2003
October 2, 2006
May 21, 2007
June 2, 2008
October 20, 2014
April 19, 2021

6201: Taught Curriculum - Accountability

6201: Taught Curriculum - Accountability holly Mon, 07/15/2019 - 15:10

 

The Board of Education of Millard Public Schools directs that the written curriculum shall be the taught curriculum. The responsibility of the teachers is to teach the written curriculum using the the Indicators of Effective Teaching and Learning. The responsibility of the principals shall be to monitor the taught curriculum through the use of the curriculum guide, as well as to evaluate teachers through the teacher evaluation process to ensure that the written curriculum is the taught curriculum. The Superintendent and his/her designees shall ensure that principals monitor the curriculum and evaluate teachers.

Date of Adoption
May 17, 1999
Date of Revision
October 3, 2005
September 8, 2020
Reaffirmed
April 2, 2007
November 4, 2013

6203: Taught Curriculum - Lesson (Instructional) Plans

6203: Taught Curriculum - Lesson (Instructional) Plans holly Mon, 07/15/2019 - 15:12

 

Lesson plans are the link between the written curriculum and the taught curriculum. The daily lesson plans shall be used for the implementation of curriculum, instruction, and assessment. 

All teachers are responsible for planning and generating weekly lesson plans. Lesson plans shall:

a.Be aligned with course guides;

b.Be compatible with the school and system wide curriculum;

c.Focus on short-term (i.e., daily and weekly) and long-term (i.e., by grading period and for the year) goals;

d.Address student needs at appropriate levels of difficulty;

e.Result in the alignment of content, instructional strategies, indicators, and assessments;

f.Ensure the use of instructional activities and materials that are selected to develop students’ motivation to learn.

The building principal or the designee shall monitor the lesson plans of the teachers assigned to the principal’s building.

Date of Adoption
May 17, 1999
Date of Revision
December 5, 2005
March 19, 2012
Reaffirmed
September 17, 2018

6220: Taught Curriculum - Organization of Instruction

6220: Taught Curriculum - Organization of Instruction holly Mon, 07/15/2019 - 15:14

The Millard Board of Education is responsible for public education in the Millard Public School District. This public education responsibility includes:

a) K-12 general education, and

b) Programming for birth to age 21 special education

The Board may elect to provide the educational programs for the general pre-school student population, adults and other supplemental educational programs as provided by law.

The grouping and housing of instructional levels in school facilities throughout the district, and the administration of the instructional program will be according to plans developed by the Superintendent and the administrative staff and approved by the Board.

Date of Adoption
July 20, 1992
Date of Revision
November 10, 1997
May 17, 1999
December 5, 2005
Reaffirmed
March 5, 2012
September 4, 2018

6225: Secondary Class Size

6225: Secondary Class Size holly Mon, 07/15/2019 - 15:17

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 students.

Whenever 14 or fewer students enroll in a class (course), the class may not be offered unless so mandated by law, the Board of Education, or necessitated by District activity programs. An effort may be made to combine a class consisting of 14 or fewer students with a similar or related class or program either in the same building or in a different grade level or building.

Any course, other than those mandated, may be deleted from the District’s curriculum offerings after a history of three consecutive years where enrollment in the course has 14 or fewer students. Said enrollment figures will be those derived from official class rolls.

A report for the Board of Education will be prepared annually and instructions provided to building administrators regarding those classes (courses) that will be subject to specified enrollment parameters for the upcoming year.

Date of Adoption
May 4, 2015
Date of Revision
November 16, 2015
Reaffirmed
August 15, 2022

6230: Taught Curriculum - Homework

6230: Taught Curriculum - Homework holly Mon, 07/15/2019 - 15:19

Homework consists of tasks that teachers assign to students and are meant to be carried out during non-class hours. The intent of homework is to ensure student learning of certain concepts and/or skills found in the written and taught curriculum. Homework is beneficial as long as teachers exercise their professional judgment and use their knowledge of developmental levels to guide their practices and expectations. Homework should be aligned with district-approved standards and indicators and course outcomes.

Date of Adoption
June 16, 1975
Date of Revision
November 18, 1996
January 7, 2002
July 6, 2009
Reaffirmed
April 4, 2016
September 26, 2022

6230.1: Taught Curriculum - Homework

6230.1: Taught Curriculum - Homework holly Mon, 07/15/2019 - 15:22

Teachers are expected to assign homework in a responsible manner. Teachers will use professional judgment in determining the length, difficulty, and student readiness to proceed with homework assignments. Whenever possible, teachers should collaborate on the amount of homework assigned on a given evening so as not to overburden the student with time spent doing homework. With the complexities of curriculum and the high expectations for student achievement, school personnel are directed in the following ways:

I. District-sanctioned practices for the elementary and middle school levels include:

A. Homework assignments shall be kept to a minimal amount on Wednesday evening, Family Night.

B. Teachers shall not schedule examinations for Thursday.

II. District-sanctioned practices for the high school level include:

A. Homework assignments shall be kept to a minimal amount on Wednesday evening, Family Night.

B. With at least two (2) days notice, teachers may schedule examinations for Thursday.

Date of Adoption
June 16, 1975
Date of Revision
May 17, 1999
January 7, 2002
Reaffirmed
July 6, 2009
April 4, 2016
September 26, 2022

6235: Taught Curriculum - Make Up Work

6235: Taught Curriculum - Make Up Work holly Mon, 07/15/2019 - 15:25

Students who are absent from school (with excused absences or unexcused absences) shall be assigned those make-up activities for the purpose of allowing the student to successfully complete the minimum class requirements and derive the maximum benefit from the instructional material.

Date of Adoption
June 16, 1975
Date of Revision
November 18, 1996
May 17, 1999
September 19, 2011
Reaffirmed
November 6, 2006
March 5, 2018

6235.1: Taught Curriculum - Make Up Work

6235.1: Taught Curriculum - Make Up Work holly Mon, 07/15/2019 - 15:27

Make-up Work for Excused and Unexcused Absences. 

The teacher of each grade or subject area will determine the plans for making up the work subject to the following considerations. 

1. Schoolwork missed due to an excused or unexcused absence, must be completed to the satisfaction of each teacher whose class was missed. 

2. Students will have a minimum of one (1) school day for each day of absence, to make up missed schoolwork. Students who do not make up their work within the prescribed time limits will not receive credit for the work missed. 

3. Make-up work may be provided prior to a planned absence if the lessons and assignments have already been planned for and prepared by the teacher in the context of having created the weekly lesson plans. Make-up work provided to a student in advance of their absence does not guarantee that no additional work may need to be completed upon their return to school. Students who do not request missed work in advance will be provided all assigned work when the student returns from an absence. 

4. Providing early or late semester exams is at the discretion of the building principal or the principal’s designee. 

During prolonged absence due to illness, the parent may call the school office to make arrangements for picking up the missed work. 

When the school administration has given approval for a student to participate in school sponsored programs such as High Ability Learners (HAL) Seminars, music programs, dramatics, or athletics, the student should not be penalized for not being present to take tests and participate in the daily work. The student shall be given an opportunity to make up any work missed.

Date of Adoption
June 16, 1975
Date of Revision
May 17, 1999
September 19, 2011
July 2, 2012
Reaffirmed
November 6, 2006
March 5, 2018

6240: Taught Curriculum - Controversial Issues

6240: Taught Curriculum - Controversial Issues holly Mon, 07/15/2019 - 15:30

A major focus of the Millard Public Schools mission is to prepare our students for effective citizenship, which includes preparation for constructive participation in a democratic society, a society in which many differing opinions are held and differing beliefs are espoused. It is important that students develop an understanding of ideas which may be different than their own. It is important that they develop judgment, a capacity to discern the difference between fact and opinion, and to weigh arguments, debates, slogans and appeals. To achieve this purpose, students should have an opportunity to examine controversial issues within the context of their formal education experiences.
 

Date of Revision
November 2, 1992
June 28, 1999
December 4, 2006
July 6, 2020
Reaffirmed
December 3, 2012

6240.1: Taught Curriculum - Controversial Issues

6240.1: Taught Curriculum - Controversial Issues holly Mon, 07/15/2019 - 15:32

 

Controversial issues as studied in the school program need to be handled in a professional manner. In attempting to ensure that this happens, the Office of the Superintendent has been authorized by the Board of Education to develop those rules deemed appropriate in carrying out the intent of the Board of Education policy. The guidelines within this rule are to be followed by all school personnel.

Student Rights and Responsibilities:

1. To research, study and discuss significant issues and to reach judgments and express opinions without jeopardizing his/her relationship with classmates or teachers.

2. To learn in an open classroom and school climate so that they feel free to examine any aspect of a
controversial issue.

3. To study with competent instruction in an impartial atmosphere and have access to relevant material.

4. To be protected against indoctrination, whether it be political, social, economic, religious, or other.

5. To assure that when controversial issues are being discussed in the classroom, every effort is being made to
present various viewpoints fairly, impartially and discreetly.

Teacher Rights and Responsibilities:

1. To be free to conduct reasonable study and discussion of controversial issues without fear of reprisal.

2. To maintain a high degree of impartiality.

3. To treat controversial issues objectively and to present alternate and/or divergent positions and opinions.

4. To determine the degree and extent of consideration given to a specific controversial issue based upon knowledge, intellectual maturity, and competence of the students in the class.

5. To ensure that an accurate, factual and balanced presentation of material is readily available for the student.

6. To be assured, if the need ever arises, that parents will be directed and encouraged by the Board and administration to take their questions and comments directly to the teacher concerned, as outlined in Policy 1310 and Rules 1310.1 and 1310.2.

7. To ensure that a student’s view of an issue is not suppressed as long as the expression of that view can be made in a reasonable manner. 

Teachers, who in the performance of their teaching duties, are engaged in the study or discussion of such controversial issues shall be defended by the Board and District from unjust or unfair criticism or legal actions.

The Board’s position on this matter applies to the regular curriculum of the schools and to extra-curricular activities before and after school, within the school building or outside of the school, whenever school or school-sponsored or sanctioned groups are involved. The Board reserves the right to exercise significant discretion in determining the content of school curriculum within the limitations provided by law.

Assignment of Responsibility 

Since topics which might be considered controversial are dealt with in the program at the building level, the principal or designee is assigned the responsibility to ensure that rules are followed and there is compliance with the policy. Assignment of staff, in all instances where possible, will match preparation and background with the discipline, subject or course to be taught. Staff will be expected to deal with those issues which fall within their preparation and training, are related to the content and its relationship to the course/subject outcomes. Staff are not to assume responsibility for instruction which is outside of their preparation and training or is unrelated to the course/subject outcomes. 

Selection 

Staff should apply the following criteria in determining those issues for study:

I. The issue should be related to the course content and help achieve course objectives/learner outcomes.

II. The issue should be suitable for students of the intellectual maturity and background represented in the class.

III. The issue should provide students an opportunity to study those issues which have political, economic or social significance about which they will begin to have an opinion.

IV. The issue should provide the student competent instruction within which various and/or conflicting points of view can be presented in an atmosphere protected from bias and prejudice.

V. The issue should not be presented to promote the indoctrination of beliefs, whether they be political, social, economic or religious.

VI. The issue is supported by an ample supply of study materials which present sides of the topic or issue under consideration.

VII. The issue should provide the students an opportunity to form, identify and express their own opinions and ensure that there are opportunities for a balanced presentation on the topic/issue under onsideration.

VIII. The issue should be current, significant, real and important to the students and teacher. Significant is defined to be those topics which a) in general, impact or concern a number of people, b) are related to basic principles (i.e. equality vs. apartheid), or c) at the moment are under consideration by the media.

Procedure 

A teacher who is in doubt concerning the advisability of discussion of certain topics shall confer with the building principal or designee as to its appropriateness. Information presented to the principal or designee to assist in the decision-making process shall include the following:

I. The proposed topic/issue under consideration.

II. Instructional plan for dealing with the topic/issue.

III. Consideration of the “pro’s and con’s”.

IV. The benefits or outcomes to be achieved through the study of the topic/issue. 

The principal or designee approves, amends, or rejects the staff member’s request based on the selection criteria. If approved, the principal or designee is encouraged to observe the activity and evaluate its educational value. In all instances, the teacher is expected to evaluate the activity and report such information to the principal or designee. In instances where the principal or designee and the teacher are unable to agree as to appropriateness, the issue should be referred to the appropriate Central Office staff member. 

Speakers/Programs 

Books, films and other media are valuable for giving students exposure to many differing ideas; but for expanded learning, it may also be useful to invite appropriate persons within the guidelines hereafter set forth and who are not on the district educational staff to speak to, or meet with, groups of students as part of the educational process. Representatives of varying points of view may present issues directly to students only through invitation by the staff member involved and with prior approval of the principal or designee. 

With respect to speakers and programs, the following guidelines will apply:I. The teacher/sponsor and the building principal or designee are expected to exercise judgement and to investigate fully those proposed resource persons.

II. Teacher/Sponsors should encourage the use of resource persons representing various approaches or points of view on a given topic in order to afford the students a more comprehensive understanding of the topic/issue.

III. The ideas presented and the resource person invited to present them will have demonstrable relation to the curricular or co-curricular activity in which the participating students are involved.

IV. The teacher/sponsor responsible for inviting the resource person, or any member of the school administration, has the right and duty to interrupt or suspend any proceedings if the resource person is judged to be departing from the subject to be presented, is presenting the material in poor taste or endangering the health and safety of students and staff. 

Attendance at assemblies involving an outside speaker on controversial topics will be voluntary on the part of the students. These events will be well publicized in advance for the benefit of both students and parents/guardians. 

The District does not by this Rule create or establish an open or public forum and reserves the sole and absolute right to determine the curriculum and speakers and programs to be invited as part of the educational process.

Date of Revision
November 2, 1992
June 28, 1999
December 4, 2006
December 3, 2012
July 6, 2020

6262: Taught Curriculum - Field Trips

6262: Taught Curriculum - Field Trips holly Mon, 07/15/2019 - 15:35

Student trips that align with approved curriculum offerings shall be encouraged and shall be permitted under rules established by the Superintendent. Students’ welfare and safety shall be primary considerations.

Date of Adoption
June 16, 1975
Date of Revision
June 28, 1999
February 6, 2006
January 7, 2013
Reaffirmed
September 8, 2015
October 16, 2017

6262.1: Taught Curriculum - Field Trips

6262.1: Taught Curriculum - Field Trips holly Mon, 07/15/2019 - 15:37

Field trips shall be considered as instruction and planned as such with definite objectives determined in advance. Lists of curriculum-related field trips shall be made available by the offices of elementary and secondary education.

I.Appropriate instruction shall precede and follow each field trip.

II.All school rules and the District’s Standards for Student Conduct shall be in effect.

III.Written approval of the parent or guardian is required for participation of students in field trips.

IV.At the elementary and middle school levels, all field trips shall begin and end at the school unless approved and communicated by the principal.

V.Field trips requiring school bus transportation shall not interfere with the regularly scheduled transportation of students to and from school.

VI.For a field trip, the teacher should make the request in writing to the principal at least ten days prior to the date desired. Whenever practical, an alternate date should also be listed. The purpose of the field trip and its relation to the course of study must be stated.

VII.The principal shall approve or disapprove curriculum-related field trips and notify the teacher (if the request is disapproved, the reason for the disapproval shall be stated). If approval is given, the principal shall forward a request for school bus service to the business office seven days in advance of the date requested.

VIII.Teachers or other certified personnel shall accompany students on all field trips and exercise control over the conduct of the students.

IX.When a field trip is made to a place of business or industry, it shall be required that an employee of the host company serve as conductor.

X.Appropriate educational experience and proper supervision shall be supplied for any students whose parents do not wish them to participate in a field trip.

XI.Certificated staff members will discuss the specific chaperone responsibilities with the volunteer chaperones and provide written guidelines.

XII.Emergency contact information will be accessible while on the field trip.

XIII.In the event of illness or injury, a parent will be contacted immediately so a plan about the student’s welfare can be determined. A principal will be made aware of the situation.

XIV. In the event of serious injury or illness 911 will be called and the parent notified of the situation and hospital location. To the extent that adequate staff is available, a staff member may accompany a student to the hospital. A principal will be made aware of the situation.

Date of Adoption
June 16, 1975
Date of Revision
June 28, 1999
February 6, 2006
June 16, 2008
January 7, 2013
September 8, 2015
Reaffirmed
October 16, 2017

6262.2: Overnight Field Trip Guidelines - Middle School

6262.2: Overnight Field Trip Guidelines - Middle School holly Mon, 07/15/2019 - 15:40

I. Overnight field trips are an extension of the school day. All school rules apply in addition to the District’s Standards for Student Conduct. 

II. Every effort should be made to use teacher or parent sponsors. Volunteer sponsors must be screened according to the volunteer approval process pursuant to District Rule 6910.1. For volunteers, there should be at least a one-month lead time to allow for background checks. 

III. Teachers are on duty during the entire time of the field trip. 

IV. Students will be under the supervision of adults at all times. 

V. The sleeping quarters are gender-specific. 

VI. Volunteer chaperones will report any behavior problems immediately to the certificated staff member(s). 

VII. Certificated staff members will discuss the specific chaperone responsibilities with the volunteer chaperones and provide written guidelines. 

VIII. In addition to the classroom teacher, a minimum of one additional gender specific chaperone is required for every 25 students. Based upon the location of the trip, the number of the chaperones may be increased. 

Number of Male Students

Number of Chaperones in Addition to the Certificated Staff Member

Number of Female Students

Number of Chaperones in Addition to the Certificated Staff Member

0-25

1

0-25

1

26-50

2

26-50

2

51-75

3

51-75

3

76-100

4

76-100

4


IX. Emergency contact information will be accessible while on the field trip. 

X. Emergency contact information will be provided to parents. 

XI. In the event of illness or injury a parent will be contacted immediately so a plan about the student’s welfare can be determined. A designated principal will be on call 24 hours a day during the full length of the trip and will be made aware of any medical or discipline situation. 

XII. In the event of serious injury or illness 911 will be called and the parent notified of the situation and hospital location. To the extent that adequate staff is available, a staff member may accompany a student to the hospital. A principal will be made aware of the situation. 

XIII. A school/program administrator may attend any overnight field trip where there is travel over 100 miles. 

Date of Adoption
February 6, 2006
Date of Revision
January 7, 2013
September 8, 2015
October 16, 2017

6262.3: Overnight Field Trip Guidelines - High School

6262.3: Overnight Field Trip Guidelines - High School holly Mon, 07/15/2019 - 15:42

I. Overnight field trips are an extension of the school day. All school rules apply in addition to the District’s Standards for Student Conduct. 

II. Every effort should be made to use teacher or parent sponsors. Volunteer sponsors must be screened according to the volunteer approval process pursuant to Rule 6910.1. For volunteers, there should be at least a one-month lead time to allow for background checks. 

III. Teachers are on duty during the entire time of the field trip. 

IV. Students will be under the supervision of adults. 

V. The sleeping quarters are gender-specific. 

VI. Volunteer chaperones will report any behavior problems immediately to the certificated staff member(s). 

VII. Certificated staff members will discuss the specific chaperone responsibilities with the volunteer chaperones and provide written guidelines. 

VIII. Consideration of student gender should be made when selecting chaperones. 

IX. Emergency contact information will be accessible while on the field trip. 

X. Emergency contact information will be provided to parents. 

XI. In the event of illness or injury, a parent will be contacted immediately so a plan about the student’s welfare can be determined. A designated principal will be on call 24 hours a day during the full length of the trip and will be made aware of any medical or discipline situation. 

XII. In the event of serious illness or injury, 911 will be called and the parent notified of the situation and hospital location. To the extent that adequate staff is available, a staff member may accompany a student to the hospital. A principal will be made aware of the situation.

Date of Adoption
February 6, 2006
Date of Revision
January 7, 2013
September 8, 2015
October 16, 2017

6265: Copyright Compliance

6265: Copyright Compliance holly Mon, 07/15/2019 - 15:45

Teacher materials (print and non-print) which are used in conjunction with the instruction of students must be aligned with the District's written curriculum and comply with copyright laws and any applicable license for the use of the materials.

Copyrighted materials including, but not limited to, print, audio, video, software and other media may be reproduced only when the use by reproduction is a “Fair Use” in compliance with the Copyright Act or when the written permission or any applicable license for such use by reproduction has been obtained from the copyright holder.

Date of Adoption
July 15, 2002
Date of Revision
June 6, 2016
Reaffirmed
November 3, 2008
January 19, 2015
November 7, 2022

6270: Student Production of Services and Materials

6270: Student Production of Services and Materials holly Mon, 07/15/2019 - 15:47

Students may produce services and materials in the schools only when such production furthers such student’s educational development.

Costs of services and products produced in school shops and laboratories, for non-school use or consumption, shall be borne by the user or consumer.

Date of Adoption
June 16, 1975
Date of Revision
October 16, 2000
Reaffirmed
November 5, 2007
November 4, 2013
September 8, 2020

6270.1: Student Production of Services and Materials

6270.1: Student Production of Services and Materials holly Mon, 07/15/2019 - 15:49

Teachers will not excuse students from classes for the purpose of acting as monitors, paper graders, clerks, librarians, audio-visual operators, etc., without the consent of the principal.

Students will not be used to run personal errands for teachers on school time.

Date of Adoption
June 16, 1975
Date of Revision
October 16, 2000
Reaffirmed
November 5, 2007
November 4, 2013
September 8, 2020

6275: Employee Created Materials

6275: Employee Created Materials holly Mon, 07/15/2019 - 15:50

Materials and intellectual property work created by employees to be used to further the District's educational and instructional mission, are and shall remain the property of the District and the use thereof shall remain subject to the District's Policies and Rules.

Date of Adoption
June 3, 2013
Date of Revision
June 6, 2016
Reaffirmed
September 3, 2019

6275.1: Ownership of Employee Created Materials

6275.1: Ownership of Employee Created Materials holly Mon, 07/15/2019 - 15:52

Any and all Employee Materials in any form, (print, non-print and intellectual) created by a District Employee, while employed by the District, and within the scope of their employment shall belong to the District, unless otherwise expressly agreed in writing by way of contractual obligations in an employment agreement.

The following shall apply regarding the above Rule:

I.Intellectual property created within the scope of employment shall mean anything that a District Employee creates which contributes to the job for which that Employee was hired. This is also referred to the "work for hire doctrine."

II.Within the scope of employment shall include, but not be limited to, any and all Employee materials in any form, no matter where or when the Employee created such materials. 

III.In the event an employee creates something entirely on personal time, with personal resources, that such employee does not use to teach an assigned District curriculum, such work belongs to the employee alone.

IV.Employee Materials created within the scope of employment may use the District's name, logo and/or building name, only pursuant to the guidelines as established by the District.

V.All Employee Materials created for use on websites shall adhere to the guidelines of accountability as set forth in District Rule 7305.1 and District procedures.

Date of Adoption
June 3, 2013
Date of Revision
September 3, 2019

6275.2: Open Education Resources - Sharing Copyright Curriculum Materials

6275.2: Open Education Resources - Sharing Copyright Curriculum Materials holly Mon, 07/15/2019 - 15:53

District owned copyright materials may be shared and exchanged with other educators inside and outside of the District in accordance with appropriate licenses as provided herein. All District owned copyright material may be shared and exchanged with others within the District. District educators need not seek permission to share or exchange any such employee-developed or created materials within the District. Digital materials which have been created by individuals or entities outside of the District and which are intended to be used by the District or its staff for educational purposes, must comply with copyright laws and/or applicable licensing requirements.

A.The District encourages the open exchange of information, knowledge, educational resources, and education materials throughout the District; and supports the collaborative production of copyright works that are freely made available to all through the use of appropriate licensing. Unless indicated otherwise for specific items or collections of content as designated by the District, all materials which are copyright owned by the District shall be licensed for re-use under the appropriate Creative Commons International License or other similar designated license.

B.All materials created or developed for District-wide use or for specified District programs which the District directed its employee or employees to create, develop or compile during the employees’ contract time or supplemental contract are "works made for hire" and shall remain the property of the District and may be shared throughout the District without restriction. Such materials may also be shared outside the District if properly licensed under an approved Creative Commons International License or other similar license.

C."Teacher Curriculum Materials" means original materials created or developed by a District employee including lesson plans, educator research materials, teaching or instructional activities, teaching strategies or other printed or electronic materials and which are created, developed or compiled by the District employee within the scope of the District employee's employment for use by the District employee. Such material may be shared by the employee outside the District provided that the Teacher Curriculum Materials are licensed by the employee under an appropriate Creative Commons International Attribution, Non-Commercial (CC BY-NC) License. The issuing of the appropriate Creative Commons license, prior to sharing of such original material, shall be the sole responsibility of the person or persons seeking to share or distribute such Teacher Curriculum Materials outside the District. Teacher Curriculum Materials shared or distributed outside the District without the appropriate Creative Commons Attribution, Non-Commercial (CC BY-NC) License are in violation of the District's copyright.

D.The District retains the authority to exclude from Creative Commons International License, or other similar designated license, any educational teaching materials created by employees of the District within the scope of employment which constitutes a "work made for hire." The District shall also have authority to license any copyrightable materials owned by the

E.District under any Creative Commons International License, or similar licensing system as it deems appropriate. The District, with Board approval, may issue a license to any District employee in potentially patentable or copyrightable material developed by the employee during work hours or within the scope of his/her employment or when using District provided resources and may determine the terms of any such license, considering the commercial value of such patentable or copyrightable material and the best interest of the District.Unless otherwise determined by the District, all such District owned copyrighted materials shall allow others to distribute, remix, modify, and build upon such copyrighted digital materials under Creative Commons International Attribution, Non-Commercial (CC BY-NC) License, as long as said user(s) provide attribution for the original creation to the District and comply with any applicable copyright and/or license requirements. All works published or shared outside of the District shall be clearly labeled using the appropriate licensing symbol CC BY-NC requiring attribution to the District for non-commercial use.


F. As used herein, copyrightable works shall include, but not be limited to, all original writings, lectures, musical or dramatic compositions, sound recordings, film, videos and other pictorial or technical reproductions, computer programs, listings, charts, manuals, codes, instructions, software and apps.

Date of Adoption
June 6, 2016
Reaffirmed
September 3, 2019

6295: Taught Curriculum - Loan of Textbooks to Private School Students

6295: Taught Curriculum - Loan of Textbooks to Private School Students holly Tue, 07/16/2019 - 10:17

The Millard Board of Education will purchase and loan textbooks to students residing in the Millard School District and attending private schools which are approved for continued operation by the Nebraska Department of Education only to the extent that funds are provided for the purchase of such textbooks by the Nebraska Department of Education. The Superintendent or the Superintendent’s designee shall develop regulations and procedures for the lending of such textbooks to the parent, legal guardian or authorized parent representative of children attending private schools in accordance with the Nebraska statutes and the rules and regulations promulgated by the Nebraska Department of Education.

Date of Adoption
February 1, 1990
Date of Revision
June 28, 1999
November 21, 2016
Reaffirmed
June 20, 2005
February 16, 2009
September 8, 2015

6295.1: Taught Curriculum - Purchase and Loan of Textbooks to Private School Students

6295.1: Taught Curriculum - Purchase and Loan of Textbooks to Private School Students holly Tue, 07/16/2019 - 10:23

The Associate Superintendent for Educational Services will be responsible for purchasing textbooks from funds made available by the Nebraska Department of Education and for lending those textbooks to students attending approved or accredited private schools in accordance with state statutes and regulations promulgated by the Nebraska Department of Education.

I. On or before November 15, a list of textbooks and any other instructional materials that are designated for use by individual students in classroom instruction as the principal source of study material use in the Millard Public Schools during the current school year and a list of the textbooks designated for use in the school districts where the private schools are located will be made available. This list shall also include any new textbooks that the school district has determined by November 15 to be used during the next school year. If, after November 15 but before January 15, the school district makes the decision to acquire new texts, the district will notify the non-public school parents, guardians, or authorized parent representatives, that the textbook list has been amended and that the added books are eligible for requisition. a. Textbook shall mean a book and/or electronic media, any instructional material that which is designated, for use in classroom instruction as the principal source of study material. Library books, teacher’s editions, workbooks and other similar materials are not to be considered textbooks. The following, if designated for use by individual students as the principal source of study material, are likewise to be considered textbooks for purposes of this rule: multiple texts; electronic and digital subscriptions; and hard-copy, write-in work texts if accessible by students pursuant to a multi-year subscription entered into by the school district.

b. The following are not to be considered textbooks: library books, teacher's editions, workbooks and other similar consumable materials, hard-copy supplemental workbooks and any book or material designated for classroom, and not individual use (e.g. "Big Books" and the like).

II. A copy of the list shall be made available for inspection at the Don Stroh Administration Center in the office of Educational Services. Digital copies may be emailed to parents, legal guardians, or parent representative(s), as authorized by completion of the NDE designated form. Reproduction of the list may be provided upon request for a reasonable fee. The school district shall limit the loan each year to ten textbooks per student for students in grade K-6 and to eight textbooks per student for students in grades 7-12. 

III. Application by a parent, or legal guardian, or authorized parent representative for the loan of textbooks shall be made to the school district in which the child resides or the school district in which the private school the child attends is located no later than January 15 for the following school year on behalf of each individual child on designated NDE form. Application forms are available in the Office of Educational Services at the Don Stroh Administration Center and on the Nebraska Department of Education website.

IV. Prior to February 15 of each year, the district will file an application with the Nebraska Department of Education on the designated NDE form requesting funding for the requested books. 

V. Textbooks for which application has been made will be purchased from the funds made available by the Nebraska Department of Education. The following course and grade priorities are established to select textbooks that will be purchased if, after the distribution of funds, the school district will be unable to purchase all of the textbooks for which applications have been made due to a pro rata reduction in the funds by the Nebraska Department of Education.


PRIORITY COURSE AND GRADES

1 Elementary Reading texts by grade 1-5
2 Elementary Math texts by grade 1-5
3 Elementary Science texts by grade 1-5
4 Elementary Social Studies texts by grade 1-5
5 Secondary English/Language texts by grade 6-12
6 Secondary Math texts by grade 6-12
7 Secondary Science texts by grade 6-12
8 Secondary Social Studies texts by grade 6-12
9 All other elementary texts by grade 1-5
10 All other secondary texts by grade 6-12

If it is necessary to use grade level to establish priorities to select the textbooks that will be purchased and loaned, students in the lowest grade level will receive the highest priority. In the event that there are not enough textbooks for a particular subject and grade level to fill all of the individual requests, textbooks will be distributed on the basis of a random drawing.

VI. All textbooks and other tangible materials purchased for loan to private school students will be cataloged and entered into the district library management system as a Textbook Loan item. Requested textbooks will be checked out and checked back in when no longer requested. Textbooks that have been checked in and are no longer used by the district will remain in inventory until they have not been requested for three consecutive years. 

VII. Parents, guardians, or authorized parent representative receiving textbooks shall be notified in writing at least ten (10) days prior to the beginning of public school classes outlining the procedures and dates for distribution and return of textbooks. In private schools dealing with large numbers of parents and students, there can be a multi-family designation of a parent representative via "power of attorney" to pick up and return the texts prior to and after the school year.

VIII. The parent, or legal guardian, or authorized parent representative of each private school student receiving a textbook (textbooks), or the parent representative serving via the "power of attorney", shall pick up the books at a place and time designated by the Millard Public Schools and sign a receipt for said text(s). The designated NDE form shall be used. A separate inventory of textbooks and instructional materials provided through a license or subscription and made available for loan shall be maintained by the Office of Educational Services. Access to instructional material obtained through a license or subscription will be managed by Millard Public Schools.


IX. A parent or legal guardian of each private school student, or the authorized Parent Representative serving via the "power of attorney", shall return textbooks to the Distribution Center at a place and time designated by the Millard Public Schools, on or within 15 days after the last day of public school classes. Such inventory may be maintained at a facility of the school district which purchased the textbooks or at an alternative site or sites agreed upon by the school district and the authorized parent representative(s) responsible for such textbooks. If an alternative inventory site is designated, the authorized parent representative(s) shall be deemed to have custody of such textbooks, be personally liable for the safekeeping of such textbooks, and shall maintain a documented inventory-control system as agreed upon with the school district. Cessation of instructional material provided through a license or subscription agreement, including those not yet expired, will be managed and documented by Millard Public Schools.

X. It shall be the responsibility of the parent or legal guardian to reimburse the school district for the replacement value of any damaged or lost loaned textbooks. The unit cost at the time of purchase shall be the basis for the assessment. A new book is assessed at net cost. The amount to be charged decreases each year by one-fourth of the net cost of the book until one-fourth of the net cost is reached. This is the minimum amount, which may be charged students for a lost or damaged book.

XI. Parents, or legal guardians, or authorized parent representatives who have failed to reimburse the school district for lost or damaged textbooks will not be loaned textbooks in the future until such reimbursement has been made. Amounts recovered from parents or students for damaged textbooks or textbooks not returned shall be retained in a separate account and used to offset the amount claimed in future years for distribution.

XII. Textbooks purchased with these funds shall be made available to private school children so long as the textbooks remain on the list, and are not lost, stolen, destroyed or damaged beyond repair.

Date of Adoption
February 1, 1990
Date of Revision
November 6, 1995
June 28, 1999
June 20, 2005
February 16, 2009
September 8, 2015
November 21, 2016

6300: Assessed Curriculum - Comprehensive Student Assessment

6300: Assessed Curriculum - Comprehensive Student Assessment holly Tue, 07/16/2019 - 10:26

The Board of Education shall direct the Superintendent to develop and implement a comprehensive student assessment system. The assessment system will be responsive to federal, state, and district requirements. It will also reflect district-identified content standards and state-approved standards. The comprehensive student assessment system shall be aligned with the written and taught curriculum of Millard Public Schools:

I. to monitor the progress of students in a program, school, or the District;

II. to aid in planning and providing classroom instruction appropriate to student needs;

III. to assist in making decisions about placement of students; 


IV. to provide information for program monitoring, management, and evaluation.

Date of Adoption
June 16, 1975
Date of Revision
July 12, 1999
December 4, 2006
April 1, 2013
Reaffirmed
August 19, 2019

6300.1: Assessed Curriculum - Comprehensive Student Assessment

6300.1: Assessed Curriculum - Comprehensive Student Assessment holly Tue, 07/16/2019 - 10:29

A comprehensive student assessment system shall consist of district-wide assessments and teacher/classroom assessments. District-wide assessment data will be one source of information used to monitor and adjust our educational program. Teacher/classroom assessments will be used to monitor student progress and adjust instruction to optimize individual student learning.

District assessments shall be valid, reliable, and aligned to the written curriculum. The purposes of the District assessments include analysis of student growth and information on strengths and areas needing improvement in schools and programs. Results will be reported to the community, as required by state and federal regulations. The assessment instruments may include but are not limited to the following:

I. district content standard assessments;

II. norm-referenced achievement tests (e.g. MAP);

III. criterion-referenced tests; and

IV. Nebraska State Assessments (e.g. NSCAS).

 

Classroom assessments may include but are not limited to the following:

I. formative assessments (including District Common Formative Assessments)

II. end-of-unit tests;

III. observational checklists;

IV. criterion-referenced tests;

V. writing samples and portfolios; and demonstrations or performance events.

Date of Adoption
July 12, 1999
Date of Revision
December 4, 2006
April 1, 2013
August 19, 2019

6301: Assessed Curriculum - Accountability for Assessments

6301: Assessed Curriculum - Accountability for Assessments holly Tue, 07/16/2019 - 10:42

Accountability for the Comprehensive Student Assessment System is the shared responsibility of district and building personnel. This assessment system includes district and classroom assessments. District assessments shall be secure and administered according to protocols outlined in the District Assessment Procedures Manual and/or in the curriculum guide.

Date of Adoption
July 12, 1999
Reaffirmed
November 6, 2006
June 4, 2007
August 2, 2010
March 6, 2017

6301.1: Assessed Curriculum - Accountability for Assessments

6301.1: Assessed Curriculum - Accountability for Assessments holly Tue, 07/16/2019 - 10:47

Accountability for District assessments is the shared responsibility of District and building personnel. 

Department of Assessment, Research, and Evaluation shall be accountable to: 

I. develop the District assessments of student performance in consultation with Educational Services; 

II. develop guidelines for the administration of criterion-referenced assessments; 

III. distribute and collect assessment material; 

IV. provide staff development related to assessment administration; 

V. develop guidelines for and monitor the use of accommodations, alternative assessments, and lowered cutscores in coordination with the Special Education Department; 


VI. analyze data for program level improvements modifications, or elimination; 

VII. develop, distribute, and revise as needed the District Assessment Procedures; 

VIII. develop Tables of Specifications for District assessments. 

For District assessments, Assessment, Research and Evaluation shall be accountable to: 

I. chair the District Assessment Committee; 

II. develop a district assessment timeline; 

III. ensure that all assessments are reliable and valid; 

IV. provide trustworthy and dependable results; 

V. facilitate the methodologies used to set the cutscores, 

VI. provide the cutscores to the Board of Education for final approval; 

VII. ensure test security; 

VIII. develop, distribute, manage, and revise as needed the District Assessment procedures and test protocols; 

IX. develop guidelines for the administration of norm-referenced assessments; 

X. generate all student answer sheets and test materials; 

XI. compile all test scores; 

XII. generate building and district reports; 

XIII. generate building and district statistical profiles; 

XIV. disaggregate the data according to race, gender, socio-economic level, ELL status and disability; 

XV. report student performance data in accordance with federal, state and district guidelines; 

Building administration and staff shall be accountable to:

I. administer the District assessments according to security protocol, including the following responsibilities: 

A. Ensure that no copies of secure assessments are in a school, other than for the time required for administering to students. 

B. Ensure that neither the District assessments nor the District standardized tests are copied. 

C. Ensure that assessment copies are secure while they are in the building.

D. Oversee the testing process and ensure that proper protocol is followed.

E. Ensure that retesting of students follows the same procedures as the main, first-time testing, including same security, same administration protocol, and same procedures. 

F. Hold at least one discussion session per year with staff about test security. 

II. identify and implement accommodations, alternate assessments, and lowered cutscores according to district assessment procedures; 

III. administer the District assessments according to prescribed assessment procedures; 

IV. administer the District assessments based on the District timeline; 

V. use the derived data to make instructional improvements; 

VI. provide reteaching opportunities in response to student learning information.

Date of Adoption
July 12, 1999
Date of Revision
May 20, 2002
July 21, 2003
December 4, 2006
June 4, 2007
August 2, 2010
September 6, 2016
Reaffirmed
March 6, 2017

6301.2: Assessed Curriculum - Accountability for Assessments

6301.2: Assessed Curriculum - Accountability for Assessments holly Tue, 07/16/2019 - 10:51

Accountability for classroom assessments is the shared responsibility of district and building personnel. 

Educational Services and the Department of Assessment, Research, and Evaluation shall be accountable to: 

I. develop curriculum frameworks which include standards and indicators that identify system-wide assessment outcomes; and 

II. develop course guides which include assessments (formative and summative) 

Building administration and staff shall be accountable to: 

I. follow appropriate security procedures; 

II. use the assessments identified within course guides; 

III. use assessment data to monitor student learning; 

IV. use assessment data to differentiate instruction; 

V. provide students and parents with feedback about student learning; 

VI. use assessment data for school improvement planning; 

VII. provide reteaching opportunities and/or scientific, researched-based early interventions in response to student learning information; and 

VIII. use assessment data to adjust, improve, or terminate ineffective teaching practices.

Date of Adoption
July 12, 1999
Date of Revision
August 2, 2010
March 6, 2017
Reaffirmed
November 6, 2006
June 4, 2007

6305: Annual Performance Report

6305: Annual Performance Report holly Tue, 07/16/2019 - 10:55

 

The Superintendent and Board of Education believe that accountability to the residents of the school community is essential. To that end, the staff shall periodically assess and report student progress toward the accomplishment of goals. The results shall be used to plan and make needed changes so as to improve instruction for all students.


The Superintendent will ensure that an annual performance report is prepared and distributed to the residents of the District. Elements of the report shall include, but not be limited to, student academic performance, school system demographics, and financial information.

Date of Adoption
November 6, 2000
Date of Revision
October 1, 2007
Reaffirmed
September 16, 2013
September 21, 2020

6315: Millard Education Program - Use of Assessment Data

6315: Millard Education Program - Use of Assessment Data holly Tue, 07/16/2019 - 10:57

The Millard School District shall assess the progress of students through a district-wide assessment system. Such an assessment system shall provide for a fair and adequate measurement of each student’s progress and achievement. The information provided by the assessment system shall be used by the Millard Board of Education and district staff to evaluate the progress of students; differentiate instructional strategies; adjust district curriculum; and plan and provide interventions and appropriate support experiences for students. 

Essential learner outcome assessments will be valid, reliable, and aligned with the curriculum and outcomes in reading, writing, mathematics, and science. The District will allocate resources to support continued student progress.

Date of Adoption
December 21, 1998
Date of Revision
February 4, 2002
March 3, 2003
June 4, 2007
October 21, 2013
Reaffirmed
June 15, 2009
June 7, 2010
August 20, 2018
June 6, 2022
June 6, 2022

6315.1: Millard Education Program - Use of Assessment Data

6315.1: Millard Education Program - Use of Assessment Data holly Tue, 07/16/2019 - 11:03

The assessment system shall take its overall direction from the District strategic plan and from state and federal requirements.  The assessment system shall be aligned with the written curriculum and shall measure student progress within the primary, intermediate, middle and high school grade levels and their level of College and Career Readiness.  The system shall provide opportunities for support and appropriate interventions to occur if the student does not demonstrate proficiency. 

The system will include assessments which are designed to measure student progress and the Millard Education Plan outcomes as well as alternate assessments designed to comply with state and federal legislation.  

As curriculum revisions occur, the assessment system shall reflect those changes and modifications to assessments and shall be approved by the Millard Board of Education.  The curriculum content areas, grade levels when administered, and the types of assessments shall be as follows:

Level:  Primary Grades (K-2)

 Outcome  When Administered          Type of Assessment
 Reading   K, 1st, 2nd  Grade  MAP Growth
Writing  K, 1st, 2nd  Grade Writing Common Assessment
 Mathematics      K, 1st, 2nd  Grade MAP Growth

Level:  Intermediate Grades (3-5)

 Outcome      When Administered  Type of Assessment
English/Language Arts 3rd, 4th, and 5th Grade

MAP Growth
NSCAS Growth

NSCAS Alternate Assessment

 Writing  3rd, 4th, and 5th Grade Writing Common Assessment
 Mathematics  3rd, 4th, and 5th Grade

MAP Growth
NSCAS Growth

NSCAS Alternate Assessment

 Science      5th Grade

 NSCAS Growth

NSCAS Alternate Assessment

Level:  Middle School Grades (6-8)

 Outcome  When Administered  Type of Assessment
 English/Language Arts  6th, 7th, and 8th Grade

MAP Growth
NSCAS Growth

NSCAS Alternate Assessment

 Writing   6th, 7th and 8th Grade Writing Common Assessment
 Mathematics  6th, 7th, and 8th Grade

MAP Growth
NSCAS Growth

NSCAS Alternate Assessment

 Science  8th Grade

 NSCAS Growth

NSCAS Alternate Assessment

Level:  High School Grades 

 Outcome  When Administered Type of Assessment 
 Reading

9th and 10th Grade

10th Grade
11th Grade

 

MAP Growth

PreACT
ACT® Assessment

NSCAS Alternate Assessment

 Writing        

9th Grade

10th Grade

11th Grade 

Writing Common Assessment 

Analytical Writing
Assessment 

ACT® Assessment

 Mathematics

10th Grade
11th Grade 

PreACT
ACT® Assessment

NSCAS Alternate Assessment

 Science 11th Grade

 ACT® Assessment

NSCAS Alternate Assessment

 

I.     Implementation of Assessment System 

In accordance with Policy 6301 and Rule 6301.1, the District shall use all reasonable efforts to provide adequate measurement by: 

A.    Establishing or confirming the reliability and validity of each recommended assessment; 

B.    Ensuring that the alignment of the assessment contents is consistent with the District’s curriculum; 

C.    Ensuring that the students of the District are provided with the opportunity to learn the material which is the subject of each assessment; 

D.    Ensuring the establishment of adequate and necessary interventions; and 

E.    Ensuring or confirming a proper College and Career Ready metric for each assessment is established through acceptable and reliable methods. 

The intent of the assessment system is to ensure that the achievement levels of College and Career Readiness have been met. A student may demonstrate successfully meeting the achievement levels established when a student is able to meet any of the benchmarks set forth below. When a student successfully meets the required achievement levels as set forth below, the student will no longer be required to complete other assessments in the system. 

If a student does not meet benchmarks on the assessments, additional opportunities are available to demonstrate student proficiency. 

If a student does not meet benchmarks on the assessments and the student is verified with a disability or has a 504 Accommodation Plan, then the IEP or 504 Team will reconvene to review the education plan and may consider lowering the College and Career Readiness metric requirement as part of the IEP or 504 Accommodation Plan. 

II.    Description of the Standard Setting Processes for National, State, and Local Assessments 

A.   Psychometrically accepted, standard methods shall be used for setting the cutscores on the assessments. All locally-developed assessments shall be re-examined and recalibrated as needed to ensure curriculum alignment as well as appropriateness of the College and Career Ready metric. 

B.    ACT® Assessment: District locally defined College and Career Ready metric will be based on the most current ACT® College and Career Readiness Benchmarks that denote having attained or nearly attained status as established for the corresponding year in which the assessment was taken. 

C.    Pre-ACT®: District locally defined College and Career Ready metric will be based on the most current ACT® College and Career Readiness Benchmarks that denote having attained or nearly attained status as established for the corresponding year in which the assessment was taken. Pre-ACT benchmark scores are parallel to the MPS College & Career Readiness Benchmarks. 

D.    Nebraska State Accountability Tests: District locally defined College and Career Ready metric will be based on ACT score ranges associated with On Track and ACT Advanced as defined by the state for the year in which the assessment was taken. 

E.    District Course Assessments: Locally developed District assessments designed by Educational Services in conjunction with the Department of Assessment, Research, and Evaluation. Approved course assessments serve as a means by which students may demonstrate proficiency. 

F.    Measures of Academic Progress (MAP) by NWEA, grades K-9 and select high school courses, is a computer adaptive assessment developed and maintained using research-based psychometric practices. MAP is used for benchmarking and progress monitoring for Essential Learner Outcomes of College and Career Readiness.

III.   Effect of Student Performance

A.    When a student has successfully met the College and Career Readiness metric for each outcome: 

1.    A notation shall be made in the student’s cumulative record. Such information will be communicated to parent(s)/guardian(s) in writing. 

2.    Students who meet the College and Career Readiness metric have met an essential criterion for graduating from the Millard Public Schools. Upon successful completion of the required number of credits and Personal Learning Plan as defined by Policy 6320 and Rule 6320.1, students shall be eligible for a graduation diploma from the Millard Public Schools. 

B.    If a student has not met the College and Career Readiness metric for a given subject area, the following shall occur: 

1.    The school/district will initiate a consistent and collaborative problem solving and intervention model called Multi-tiered Systems of Support (MTSS). Records of problem solving and intervention strategies are required. 

2.    Utilizing the MTSS problem solving process, school representatives will offer the student learning activities that address recognized College and Career Readiness deficiencies. Learning activities may include, but are not limited to, the following: 

a.    Differentiated/complementary instruction during regular classes (i.e., peer tutoring, needs groups, individualized instruction); 

b.    Before or after school tutorials; 

c.    Study hall tutorials; 

d.    Change of interdisciplinary teams or level of instruction; 

e.    Repeat of specific course(s) of study; 

f.    Assignment to and attendance at specific class(es) designed to address deficiencies; 

g.    Attendance at summer school; and/or 

h.    Use of specific District identified interventions designed to support student achievement. 

3.    If the student is verified with a disability the IEP Team may reconvene to review the problem solving and intervention strategies and to ensure that the IEP is written to assist the student and that appropriate accommodations are in place. 

4.    If the student has a 504 Accommodation Plan, the 504 Team may reconvene to review the problem solving and intervention strategies and to ensure that needed accommodations are in place. 

5.    If the student is identified as an English Learner (EL), a school team responsible for planning the student’s academic program may reconvene to review the problem solving and intervention strategies and to ensure that needed accommodations are in place. 

C.    Procedures for high school students 

1.    If a student has not met the College and Career Readiness metric for a given subject as measured by the ACT® Assessment, the following shall occur: 

a.    The problem solving and intervention strategies will be reviewed by a qualified team and, if necessary, redesigned. Students shall be referred to Building Problem Solving Team for identification of needs if not previously referred. 

b.    The building will review the student’s results of the Nebraska State Accountability Test. If the student has successfully met the College and Career Readiness metric measured by Nebraska State Accountability Test for each outcome, then 

(i)    A notation shall be made in the student’s cumulative record. Such information will be communicated to parent(s)/guardian(s) in writing. 

(ii)    Students who meet the College and Career Readiness metric for have met an essential criterion for graduating from the Millard Public Schools. Upon successful completion of the required number of credits and Personal Learning Plan as defined by Policy 6320 and Rule 6320.1, the students shall be eligible for a graduation diploma from the Millard Public Schools. 

c.    Students may submit additional ACT® results for consideration in meeting the College and Career Ready metrics from testing occasions for which they have independently registered.

2.   If after review of the student’s results of the Nebraska State Accountability Test a student has not met the College and Career Readiness metric for a given Essential Learner Outcomes of College and Career Readiness, the following shall occur: 

a.    The problem solving and intervention strategies will be reviewed by a qualified team and, if necessary, redesigned. Students shall be referred to Building Problem Solving Team for identification of needs if not previously referred. 

b.    The building will review the student’s results of Pre-ACT®  Assessment. If the student has successfully met the Essential Learner Outcomes of College and Career Readiness metric measured by Pre-ACT® Assessment for each outcome, then 

(i)    A notation shall be made in the student’s cumulative record. Such information will be communicated to parent(s)/guardian(s) in writing. 

(ii)    Students who meet the College and Career Readiness metric have met an essential criterion for graduating from the Millard Public Schools. Upon successful completion of the required number of credits and Personal Learning Plan as defined by Policy 6320 and Rule 6320.1, the students shall be eligible for a graduation diploma from the Millard Public Schools.

3.    If after review of the student’s results of the student’s results of Pre-ACT® Assessment a student has not met the College and Career Readiness metric, the following shall occur: 

a.    The problem solving and intervention strategies will be reviewed by a qualified team and, if necessary, redesigned. Students shall be referred to Building Problem Solving Team for identification of needs if not previously referred. 

b.    The building will review and administer locally-developed Essential Learner Outcome assessments. If the student has successfully met the College and Career Readiness metric measured by locally-developed ELO assessments for each outcome, then 

(i)    A notation shall be made in the student’s cumulative record. Such information will be communicated to parent(s)/guardian(s) in writing. 

(ii)   Students who meet the College and Career Readiness metric have met an essential criterion for graduating from the Millard Public Schools. Upon successful completion of the required number of credits and Personal Learning Plan as defined by Policy 6320 and Rule 6320.1, the students shall be eligible for a graduation diploma from the Millard Public Schools. 

C. The student shall be retested using the appropriate Essential Learner Outcomes of College and Career Readiness assessment. Students shall be given the opportunity to be retested multiple times until the requisite College and Career Readiness metric is achieved. Students shall be given notice of the opportunities for retesting. 

4.The student will be considered ineligible for a diploma from the Millard Public Schools until such time that the requisite College and Career Readiness metrics are achieved.

5.    If the student is verified with a disability or has a 504 Accommodation Plan, then the IEP or 504 Team will reconvene to review the education plan and may consider lowering the College and Career Readiness metric requirement as part of the IEP or 504 Accommodation Plan. The student’s parent(s) and/or guardian(s) shall be notified and shall also be advised of the effect of lowering the College and Career Readiness metric. 

a.    Applications for approval of lowered College and Career Readiness metric requirements may be submitted by the student’s IEP or 504 Team to the Associate Superintendent of Educational Services for consideration and where appropriate, approval. The Associate Superintendent of Educational Services or designee shall decide and respond to all such requests. 

b.    If the lowered College and Career Readiness metric is approved, the student shall then be eligible to receive a graduation diploma with appropriate notation from the Millard Public Schools as provided in Rule 6320.1. 

D.    Demonstration of Proficiency 

Additional opportunities are available to demonstrate student proficiency. 

After review of ACT® Assessment, Nebraska State Accountability Tests or Pre-ACT® and one or more attempts on Essential Learner Outcome locally-developed assessments without achieving the College and 

Career Readiness metric, students, under building supervision, shall participate in a process, as provided in the District’s Assessment Procedures, to demonstrate an appropriate level of proficiency in reading, writing, and/or math. A student who successfully meets the standards and requirements of a Demonstration of Proficiency shall have met one of the essential criteria for graduating from the Millard Public Schools. Mechanisms by which students may demonstrate proficiency include:

1.    Performance portfolios comprised of District developed course assessment scores for reading, writing, and math.

2.    Approved Advanced Placement course grades of a “3” or higher or an approved AP exam score of a 2 or higher for an AP English course as evidence of Reading and Writing competency, or grades of a “3” or higher or an AP exam score of a 2 or higher for an AP mathematics exam. All AP courses and exams used for this purpose shall have been provided by and/or taken while enrolled in an accredited institution. 

3.    Approved dual enrollment course grades as evidence of Reading, Writing, or Mathematics competencies e.g. the Metropolitan Community College (MCC) Developmental Math Course. 

4.    Measures of Academic Progress (MAP) RIT score in high school Reading or Mathematics comparable to near College and Career Ready ACT score.

5.     Early Advanced (4) or Advanced (5) scores on the English Language Proficiency Assessment (ELPA21) in the reading (for reading requirement) or writing (for writing requirement) domains.

 IV. District Procedures for Opting Out of Recommended Reteaching 

A.    Should a student participating in the Assessment Program not meet the requisite College and Career Readiness metric and be recommended for one of the problem solving and intervention strategies listed above, including placement in a specific required course, the student’s parent(s)/guardian(s) shall have the right to refuse placement of their student within the recommended strategy and either:

1.    Request an alternative teaching strategy; or 

2.    Refuse such placement at all. 

B.    Such requests for an alternative teaching strategy shall be submitted in writing to the appropriate building principal. The building principal or designee shall respond within thirty (30) calendar days.

V.    District Procedures for New Students 

A.    At the high school level, incoming students who enroll after district administration of Pre-ACT® or ACT® Assessment may provide verified results of these assessments from prior administration. If verified results are not provided, students will take all high school locally-developed Essential Learner Outcome assessments. 

VI.    District Procedures for Students with Disabilities and EL Students 

Pursuant to the Assessment Accommodations section of the District’s Assessment Procedures Manual, all students are to participate in the District’s regular assessments and the only students to be excluded are those with a disability or language proficiency which has excluded the student from the norm sample of the standardized assessment, and/or those students who have not participated in the area and/or level of the curriculum that the assessment measures. Even for such students, they are not totally exempt and they must take an alternate assessment.

A.    Procedures for Students with Disabilities 

The preceding assessments may not be appropriate for some students with disabilities whose individualized education programs prescribe a different course of instruction and/or different requirements for graduation. The participation of students with disabilities, the provision of accommodations, and the provision of alternate assessments will be in accordance with the District’s Assessment Procedures, which include the process for identifying appropriate assessment accommodations and alternate assessments. 

B.    Procedure for EL Students 

Students must meet all graduation requirements in the English language to earn a Millard Public Schools diploma. EL students who have not demonstrated adequate English language proficiencies may postpone testing according to district procedures.

VII.  Student’s Right to Appeal

A.    Students who have not achieved the necessary high school College and Career Readiness metrics as approved by the Millard Board of Education may appeal the denial of a diploma.

B.    A student may appeal the denial of a diploma only on the grounds that the student’s failure to achieve the required cutscore is due to:

1.    The failure of the District to provide a reasonable accommodation that was previously requested by the student and denied by the District.

2.    The failure of the District to provide an alternate assessment or approve a demonstration of proficiency, which had been previously requested by the student and denied by the District.

VIII. Procedures for Appeal 

A.    Within seven (7) days after the receipt of the notice that the student failed to achieve the cutscore required for graduation from the Millard Public Schools, a written notice of appeal shall be served upon the Superintendent of the Millard Public Schools or his/her designee. Such appeal shall set forth all of the reasons for the appeal as provided herein and shall set forth the relief sought by the student, parent(s) or guardian(s). Such notice of appeal may also include any additional information, which is relevant to the appeal. 

B.    Within seven (7) days after the receipt of the written notice of appeal and any supporting information relevant to the appeal, the Superintendent or designee shall consider and render a decision on the appeal based on whether the decision of the District was unreasonable. Such decision shall then be forwarded to the student’s parent(s) and/or guardian(s) advising the student’s parent(s) and/or guardian(s) of the basis for the Superintendent’s decision and the reasons therefore. 

C.    Within seven (7) days after the receipt of the written notification from the Superintendent or the Superintendent’s designee, a written request may be made by the student, parent(s), or guardian(s) to the secretary of the Millard Board of Education or the Superintendent, or designee for a hearing before the Millard Board of Education, or a committee of the Board consisting of not less than two(2) members or more than three (3) members to be held on the issue whether the decision of the Superintendent or designee was unreasonable. 

D.    Such hearing shall be held before the Millard Board of Education or committee within thirty (30) days of the date the request for hearing was received. If a hearing request is not received in a timely manner, the decision of the Superintendent or the Superintendent’s designee shall be final. 

E.    The student, parent(s) and/or guardian(s) shall be advised at least seven (7) days prior to the date of the hearing before the Board and such notification shall set forth the date, time, and place for the hearing before the Millard Board of Education or committee.

F.    The parties may, by mutual written agreement, extend the time for hearing or final determination.

G.    The student, parent(s), and/or guardian(s) shall have the right to be represented by legal counsel and shall have the opportunity to present such evidence that is material to the issue or issues stated in the appeal.

H.    The hearing shall be conducted in closed session and in accordance with the student privacy laws unless the student, parent(s), and/or guardian(s) shall request, in writing, that the hearing be held in open session. Any formal action of the Millard Board of Education or committee shall be taken in closed session unless such proceeding was requested by the student, parent(s), or guardian(s) to be held in open session.

I.    The decision of the Millard Board of Education or committee shall be by vote of a majority of the members of the Millard Board of Education and the Millard Board of Education or committee shall reduce its findings and decision to writing and provide the written findings and decision to the student, parent(s), and/or guardian(s) within ten (10) days of the hearing. When conducting such proceedings, the Millard Board of Education or committee shall be exercising a judicial function and deciding a dispute of adjudicative facts.

IX.    Annual Review

This Rule shall be reviewed annually by the Educational Services Division and the Department of Assessment, Research, and Evaluation and brought to the Board of Education when changes are necessary.

Date of Adoption
December 21, 1998
Date of Revision
February 7, 2000
February 4, 2002
March 3, 2003
June 21, 2004
June 6, 2005
January 16, 2006
June 4, 2007
June 16, 2008
June 15, 2009
June 7, 2010
May 16, 2011
July 2, 2012
July 1, 2013
October 21, 2013
July 7, 2014
August 17, 2015
July 11, 2016
November 6, 2017
May 7, 2018
August 20, 2018
June 3, 2019
June 7, 2021
June 6, 2022
June 5, 2023

6320: Students' Graduation

6320: Students' Graduation holly Tue, 07/16/2019 - 11:11

Graduation from our schools indicates that students have satisfactorily completed the prescribed courses of study and that they have satisfactorily passed any district-level assessments or other requirements set by the District.    In addition, students shall have demonstrated the college and career readiness skills defined in Board Rule.

The principal of each school will arrange each spring for appropriate awards and recognition programs.  Formal graduation exercises will be held for high school students meeting district requirements and will be coordinated between the high school administrators and the Superintendent.

In accordance with the requirements of state law, a student who receives special education services under the

Special Education Act and does not qualify for graduation may receive a certificate of attendance.

Date of Adoption
July 20, 1992
Date of Revision
May 17, 1999
July 31, 2000
June 4, 2007
July 7, 2008
May 2, 2022
Reaffirmed
July 6, 2009
November 1, 2010
October 21, 2013
August 20, 2018

6320.1: Students Requirements for Senior High School Graduation

6320.1: Students Requirements for Senior High School Graduation holly Tue, 07/16/2019 - 11:17

Students differ widely in interests, abilities and personal goals. For this reason, the following are stated as minimums to allow flexibility in the planning of individual student programs.  These basic uniform requirements are established for graduation from the Millard Public Schools. In addition to specified credit requirements, students must successfully meet District Assessment requirements as outlined in Board of Education Rule 6315.1, complete a Personal Learning Plan, and beginning with the Class of 2025 complete the Free Application for Federal Student Aid (FAFSA) according to District and state requirements.

English

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Math

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

Other

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

 

 

other 2

A. A grade of four (4) or better must be maintained in any course used to fulfill graduation requirements. 

B. Electives courses are offered in the subject areas previously listed and in business marketing & management, communication & information systems, world language, family & consumer sciences, skilled & technical sciences, art, drama, debate, journalism, and music.

C. In order to provide flexibility in such situations as transfers and special needs, waivers may be submitted by staff and approved by the principal. 

D. A student must complete credits as described herein in order to graduate and receive a diploma from the Millard Public Schools. 

II. Assessments: In addition to 230 credits required for graduation, students must also successfully meet the College and Career Readiness metric for the high school Essential Learner Outcomes of College and Career Readiness assessments. Assessment requirements, including the process to be followed when a student does not initially meet the Essential Learner Outcomes of College and Career Readiness metric for each outcome, are found in Rule 6315.1.

III. Personal Learning Plan (PLP): In addition to 230 credits and successfully meeting the College and Career Readiness metric for the high school Essential Learner Outcomes of College and Career Readiness, students must also complete a Personal Learning Plan (PLP) according to District requirements.


IV. Free Application for Federal Student Aid: Beginning with the Class of 2025, each student must submit to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) prior to graduation. A public high school student shall not be required to complete the FAFSA if:

A. A parent or legal guardian of or a person standing in loco parentis to such student signs and
submits the appropriate form prescribed by the Commissioner of Education indicating that such
parent, legal guardian, or person standing in loco parentis authorizes such student to decline to
complete and submit a Free Application for Federal Student Aid;

B. The school principal or the school principal's designee signs and submits the appropriate form
prescribed by the Commissioner of Education authorizing such student to decline to complete
and submit a Free Application for Federal Student Aid for good cause as determined by the
school principal or the school principal's designee; or

C. A student who is nineteen years of age or older or is an emancipated minor signs and submits the
appropriate form prescribed by the Commissioner of Education stating that such student declines
to complete and submit a Free Application for Federal Student Aid.
 

V. Graduation: Upon successful completion of the required credits, assessments Personal Learning Plan, and beginning with the Class of 2025 Free Application for Federal Student Aid, a student shall be eligible for a graduation diploma from the Millard Public Schools.

VI. Annual Review: 

This rule shall be reviewed annually by the Educational Services Division and the Data, Assessment, Research, and Evaluation Department and brought to the Board of Education when changes are necessary.

Date of Adoption
April 16, 2011
Date of Revision
Dec. 5, 1983
Dec. 17, 1990
May 17, 1999
Oct. 18, 1999
July 31, 2000
March 4, 2002
July 21, 2003
June 21, 2004
June 6, 2005
June 5, 2006
June 4, 2007
July 7, 2008
November 2, 2009
November 1, 2010
November 7, 2011
November 5, 2012
October 21, 2013
August 4, 2014
November 3, 2014
July 6, 2015
November 2, 2015
July 11, 2016
November 6, 2017
August 20, 2018
June 3, 2019
June 7, 2021
May 2, 2022
November 7, 2022
November 21, 2022
June 5, 2023
August 21, 2023
November 6, 2023
Reaffirmed
July 6, 2009

6320.2: Students Requirements for Senior High School Graduation - International Baccalaureate Diploma Program

6320.2: Students Requirements for Senior High School Graduation - International Baccalaureate Diploma Program holly Tue, 07/16/2019 - 11:26

I. Credits: A minimum of 230 credits is required for graduation.

II. Assessments: In addition to 230 credits required for graduation, students must also successfully meet the College and Career Readiness metric for the high school Essential Learner Outcomes of College and Career Readiness assessments. 

III. Personal Learning Plan: A student must complete a personal learning Plan (PLP), meeting district requirements.

IV. Free Application for Federal Student Aid: Beginning with the Class of 2025, each student must submit to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) prior to graduation. A public high school student shall not be required to complete the FAFSA if:


A. A parent or legal guardian of or a person standing in loco parentis to such student signs and submits the appropriate form prescribed by the Commissioner of Education indicating that such parent, legal guardian, or person standing in loco parentis authorizes such student to decline to
complete and submit a Free Application for Federal Student Aid; 

B. The school principal or the school principal's designee signs and submits the appropriate form prescribed by the Commissioner of Education authorizing such student to decline to complete and submit a Free Application for Federal Student Aid for good cause as determined by the school principal or the school principal's designee; or 

C. A student who is nineteen years of age or older or is an emancipated minor signs and submits the appropriate form prescribed by the Commissioner of Education stating that such student


V. Each student’s International Baccalaureate Diploma Program (IB DP) shall include the courses of study as outlined in Rule 6320.1 with such adjustments (additions or substitutions) to the programs and courses as listed below. Such adjustments are made to avoid duplication in the program of study required for IB DP students.

Millard Public Schools’ Graduation Requirement

International Baccalaureate Program Additions/Substitutions

   

English:  Selected Electives (5 credits)

Substitute IB English HL II (10 credits)

English:  Oral Communications (5 credits)

Substitute Imbedded Oral Assessments found in Language A, Language B, and Theory of Knowledge I & II requirements

Social Studies: United States History (10 credits)

Substitute IB History of the Americas HL II (10 credits)

Electives:  Human Resources Course Options

Add IB Theory of Knowledge I (maximum 5 credits)

Add IB Psychology SL (maximum 5 credits)

Science: Biology (10 credits)

Substitute IB Biology HL I (10 credits),

Add Introduction to IB Chemistry and Physics (10 credits),

IB Chemistry (10 credits), and  

IB Physics (10 credits) to course options

 

Health Education: Healthy Living will be available for enrollment during grades 9-12 for IB DP students. Students waived out of Healthy Living must pick an additional Human Resources course. The Theory of Knowledge I course can only meet the Human Resource Course 5 credit requirement. 


These adjustments are only applicable to students enrolled in the full International Baccalaureate Diploma program with intentions to test for and secure the IB Diploma.

Date of Adoption
April 16, 2011
Date of Revision
August 4, 2003
June 5, 2006
June 4, 2007
July 7, 2008
November 2, 2009
November 1, 2010
November 7, 2011
November 5, 2012
December 17, 2012
October 21, 2013
November 3, 2014
November 2, 2015
August 20, 2018
August 21, 2023
Reaffirmed
July 6, 2009
May 2, 2022

6320.3: Requirements for Senior High School Graduation - Air Force Junior Reserve Officer Training Corps (AFJROTC) Program

6320.3: Requirements for Senior High School Graduation - Air Force Junior Reserve Officer Training Corps (AFJROTC) Program holly Tue, 07/16/2019 - 11:31

I. Credits: A minimum of 230 credits is required for graduation.

II. Assessments: In addition to 230 credits required for graduation, students must also successfully meet the College and Career Readiness metric for the high school Essential Learner Outcomes of College and Career Readiness assessments.

III. Personal Learning Plan: A student must complete a Personal Learning Plan (PLP), meeting District requirements.

IV. Free Application for Federal Student Aid: Beginning with the Class of 2025, each student must submit to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) prior to graduation. A public high school student shall not be required to complete the FAFSA if:


A. A parent or legal guardian of or a person standing in loco parentis to such student signs and submits the appropriate form prescribed by the Commissioner of Education indicating that such parent, legal guardian, or person standing in loco parentis authorizes such student to decline to
complete and submit a Free Application for Federal Student Aid;

 B. The school principal or the school principal's designee signs and submits the appropriate form prescribed by the Commissioner of Education authorizing such student to decline to complete and submit a Free Application for Federal Student Aid for good cause as determined by the school principal or the school principal's designee; or

C. A student who is nineteen years of age or older or is an emancipated minor signs and submits the appropriate form prescribed by the Commissioner of Education stating that such student declines to complete and submit a Free Application for Federal Student Aid.

V. Each student’s Air Force Junior Reserve Officer Training Corps (AFJROTC) Program shall include the courses of study as outlined in Rule 6320.1 with such adjustments (additions or substitutions) to the programs and courses as listed below. Such adjustments are made to avoid duplication in the program of study required for AFJROTC students.

Millard Public Schools’ Graduation Requirement

AFJROTC Additions/Substitutions

   

Social Studies: World Geography (5 credits)

Substitute Cultural Studies:  An Introduction to Global Awareness (5 credits) - Cadet Year 1

Science: Elective (5 credits)

Add The Science of Flight: A Gateway to New Horizons (5 credits) as a science elective - Cadet Year 2

Physical Education: (5 credits)

Add Traditions, Wellness, and Foundations of Citizenship(5 credits) as one of three courses towards fulfilling the Physical Education Graduation Requirement - Cadet Year 1

Financial Literacy: Personal Finance (5 credits)

Substitute Life Skills and Career Opportunities

(5 credits) to fulfill Financial Literacy Graduation Requirement - Cadet Year 4



These adjustments are applicable to students enrolled in the AFJROTC Program during the corresponding academic year as Millard Public Schools’ courses are required and as applicable to the Cadet Year. Cadet Years equal the number of years within the AFJROTC Program and are not related to the grade level in high school (i.e., Cadet Year 1 could be a student in ninth, tenth, eleventh or twelfth grade).

All AFJROTC courses are required in the sequence outlined in the High School Curriculum Handbook and Registration Guide regardless of grade level when entering the AFJROTC Program and will count as elective credit if a student has already fulfilled a graduation requirement listed on the above chart.

Date of Adoption
July 11, 2016
Date of Revision
May 2, 2022
August 21, 2023
Reaffirmed
August 20, 2018

6320.4: Transfer of High School Credits

6320.4: Transfer of High School Credits holly Tue, 07/16/2019 - 11:33

Transfer Credits are defined as any credit not earned at a Millard Public Schools high school. Millard Public Schools reserves the sole right to grant credit for work completed at or through other institutions according to the following conditions. 

I. Transfer Credits for New to Millard High School Enrollments 

A. As accredited schools, Millard high schools will accept transfer credits from Cognia or State accredited schools in order to ensure appropriate academic placement of incoming students based on the following procedures. 

1. Transfer credits from accredited schools will be considered on a course by course basis and will be considered for approval by the high school principal or designee where the transferring student enrolls pending review of the official high school transcript. 

2. Transfer from non-accredited schools may be considered on a course by course basis on a pass-fail basis. 

3. Approval will be based upon course work completed that meets the following standards including, but not limited to: 

i. Length of enrollment in previous school setting(s), 

ii. Course content that meets or exceeds Nebraska State Standards and Millard Public Schools Standards and Indicators; 

iii. Successful completion of course requirements including receipt of a passing grade. 

B. Course grades, including weighted grades, from other school districts will be applied only as defined in Millard Public Schools policy and rule. 

C. Upon approval, courses will be placed on the Millard Public Schools transcript under the name of the credit awarding institution following the format for Millard Public Schools. 

II. Transfer Credits from International Schools 

A. The family or guardian enrolling the student is responsible for providing an official transcript in English from any non U.S. diploma awarding school. 

B. Transcripts from schools located outside of the United States will be evaluated in the same manner as internationally and nationally accredited public schools within the United States (Cognia or State Accreditation). 

C. Transcripts from Department of Defense (DOD) schools located outside of the United States will be evaluated in the same manner as nationally accredited public schools within the United States (Cognia State Accreditation). 

D. International Baccalaureate (IB) classes will be evaluated in the same manner as nationally accredited public schools within the United States due to standardization of the curriculum. 

E. When course grades/credits are received from schools that lack a grade scale, a mark of credit or no credit will be applied. 

III. Transfer Credits for Summer School courses from Cognia or State Accredited Schools for Students Currently Enrolled in Millard Public Schools must be Pre-Approved 

A. Students may seek approval to physically attend a Summer School program outside of Millard Public Schools due to: 

1. Being out of town for the summer months, 

2. Having a conflict with the Millard Public Schools summer school dates, or 

3. Courses needed are not available within Millard Public Schools summer sessions. 

B. Credit may be approved if the credit awarding institution and the course are pre-approved by the student’s counselor and the high school principal or designee. 

C. Currently enrolled high school students may earn summer school credits by physically attending courses offered by Cognia or State Accredited High Schools during their ninth through twelfth grade years. 

D. Approval will be based upon course work completed that meets or exceeds the following standards including: 

1. Course content that meets or exceeds Nebraska State Standards and Millard Public Schools Standards and Indicators, 

2. The District approved course sequence of study as defined within the High School Curriculum Handbook and Registration Guide, 

3. Non duplication of previously earned courses and credits, 

4. Instructional time within a school setting which meets or exceeds Millard Public Schools summer school instructional minutes, 

5. Successful completion of course requirements including receipt of a passing grade. 

E. No more than a total of ten credits (one semester = 5 credits) per summer will be approved or accepted for summer school courses. The ten credit limit includes courses taken within Millard Public Schools Summer School and those outside of the District. 

F. Course grades, including weighted grades, from other school districts will be applied only as defined in Millard Public Schools policy and rule. 

G. Upon course completion, students will be responsible for having the credit granting school send an official transcript to the high school registrar. 

H. Upon receipt and verification of the official transcript, courses will be placed on the Millard Public Schools transcript under the name of the credit awarding school following the format for Millard Public Schools. 

I. Costs associated with these courses are the responsibility of the student and parent/guardian. 

IV. Transfer Credits from Cognia or State Accredited High School On-line Classes for Currently Enrolled Fulltime Students s must be Pre-Approved 

A. Credit may be approved if the credit awarding institution and the course are pre-approved by the student’s high school counselor and the high school principal or designee. 

1. Courses may be taken for credit recovery or to expand learning opportunities. 

B. Currently enrolled high school students may earn up to a cumulative total of 20 credits (one semester = 5 credits) from Cognia or State Accredited High School on-line classes. The cumulative total of 20 credits: 

1. May be earned during ninth through twelfth grade years, beginning no sooner than the summer prior to a student’s first semester of ninth grade, and 

2. May only be approved for 5 credits per semester. 

C. Approval will be based upon: 

1. Course content that meets or exceeds Nebraska State Standards and Millard Public Schools Standards and Indicators, 

2. The District approved course sequence of study as defined within the High School Curriculum Handbook and Registration Guide, 

3. Successful completion of course requirements including receipt of a passing grade, 

4. Non duplication of previously earned courses and credits. 

D. Credit that will not be approved through on-line courses include: 

1. Physical Education, Science lab courses (Biology, Chemistry, Physical Science: Chemistry, Physics, Physical Science: Physics) or performing arts courses; 

2. Advanced Placement courses; 

3. International Baccalaureate courses. 

E. Upon course completion, students will be responsible for having the credit granting source send an official transcript to the high school registrar. Upon receipt and verification of the official transcript, courses will be placed on the Millard Public Schools transcript under the name of the credit awarding school following the format for Millard Public Schools. 

F. Costs associated with these courses are the responsibility of the student and parent/guardian. 

V. Partial Enrollment in Millard and Non-accredited Institutions 

A. At the time a student drops below 50% enrollment, a diploma intent form will be completed by the student to indicate if he or she intends to earn a Millard Public Schools diploma. 

B. For students who maintain a partial enrollment, Millard High Schools will accept transfer credits from Cognia and State accredited schools and will consider credits from a non-accredited school on a course by course basis for up to 50% of credits required to earn a diploma from Millard Public Schools. 

C. All transfer students must fulfill Millard Public Schools requirements to earn a Millard diploma. 

VI. Transfer Credits through the University of Nebraska at Omaha must be Pre-Approved 

A. In rare circumstances, credit for post-secondary institution courses may be approved if pre- approved by the student’s counselor and the high school principal or designee. 

B. Courses eligible for consideration are limited to the area of Mathematics. 

C. Approval will be based upon: 

1. Completion of highest level available weighted mathematics courses prior to meeting the Millard Public School graduation credit requirement, 

2. Fulfilling, not exceeding, the 30 mathematics credit required for graduation, 

3. The ability to schedule the course in a manner that will not interfere with the completion of other Millard Public Schools graduation requirements. 

D. Upon course completion, students will be responsible for having the credit granting source send an official transcript to the high school registrar. 

E. Upon receipt and verification of the official transcript, the course will be placed on the Millard Public Schools transcript as a transfer course (TRN 999) in order to reflect the title of the college mathematics course. 

F. Costs for tuition and textbook(s) associated with these courses are the responsibility of the Millard Public Schools . 

G. Costs for and means of transportation are the responsibility of the student and parent/guardian. 

VII. Transfer Credits for Expelled Students

A. Students expelled from the District are not required to attend or participate in the District’s alternative courses or programs. For such students only, the District will accept at the conclusion of the expulsion and reinstatement of the student, any nonduplicative, grade- appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional
accrediting bodies in the United States.


VIII. Application Process for Transfer Credit for Students Currently Enrolled in Millard Public Schools 

A. The student completes a Millard Public Schools External Transfer Credit Application. 

B. The student attaches course description and/or syllabus (preferred) to the Application as well as a statement explaining the reasons for taking the course outside of a Millard Public Schools high school 

C. The student submits the Millard Public Schools External Transfer Credit Application to the high school principal 

D. The high school principal or designee begins the review process according to the criteria noted in the above associated section. 

E. Upon completion of review, the high school principal or designee communicates the findings to the student. 

F. A copy of the approved/disapproved Application is placed in the student’s cumulative folder. 

IX. Appeal Process 

A. The student or parent(s) may submit a written appeal to the Director of Secondary Education within seven days of notification of non-approval. 

1. The appeal should identify extenuating circumstances for consideration. 

2. The Director of Secondary Education and the Director of Student Services will review the appeal, the original application, and supporting documentation within seven days after the receipt of the written appeal. 

3. The Director of Secondary Education will notify the student and parents of a decision. 

B. In the event the Directors do not approve the credit request, the student or parent(s) have the right to submit a written appeal to the Associate Superintendent for Educational Services within seven days of notification of non-approval by the Directors. 

1. The appeal should identify extenuating circumstances for consideration. 

2. The Associate Superintendent will review the written appeals, the original application, and supporting documentation within seven days after receipt. 

3. The Associate Superintendent will notify the student and parents of a decision.

Date of Adoption
October 21, 2013
Date of Revision
March 21, 2016
August 20, 2018
May 2, 2022
August 21, 2023

6320.5: Students' Certificate of Attendance Requirements

6320.5: Students' Certificate of Attendance Requirements holly Tue, 07/16/2019 - 11:35

At the request of a parent or guardian, the District shall issue a certificate of attendance to a student who receives special education services under the Special Education Act, who has reached seventeen years of age, and who has not completed his or her individualized education plan. The District shall allow a student who receives a certificate of attendance under this Rule to participate in the high school graduation ceremony of such high school with students receiving high school diplomas. A student may receive only one certificate of attendance and may participate in only one graduation ceremony based on such certificate. The receipt of a certificate of attendance pursuant to this Rule shall not affect the District’s obligation to continue to provide special education services to a student receiving such certificate.

This Rule does not preclude a student from receiving a high school diploma by meeting the District’s graduation requirements pursuant to Neb. Stat. § 79-729 or in his or her individualized education plan or receiving a diploma of high school equivalency under Neb. Rev. Stat § 79-730 upon completing the requirements of such statute. The District may allow a student who has previously participated in a graduation ceremony based on a certificate of attendance to participate in an additional graduation ceremony when such student receives a high school diploma.

Date of Adoption
July 7, 2008
Date of Revision
July 11, 2016
Reaffirmed
July 6, 2009
October 21, 2013
August 20, 2018
May 2, 2022

6330: Grades

6330: Grades holly Tue, 07/16/2019 - 11:38

The Superintendent or designee shall develop and implement student grading guidelines. The objectives of grading guidelines shall be to quantify and report the academic achievement of each student. Grades should fairly reflect the level of student achievement in the knowledge and skills specified by grade level or content standards and indicators and shall be in accordance with the District’s Essential Learner Outcomes of College and Career Readiness.  

The Superintendent or designee shall develop and implement a grading system that shall be utilized by the administrators and teachers of the District.

Date of Adoption
April 24, 2000
Date of Revision
April 2, 2007
December 2, 2013
Reaffirmed
October 5, 2020

6330.1: Grading Guidelines for Second - Twelfth Grade

6330.1: Grading Guidelines for Second - Twelfth Grade holly Tue, 07/16/2019 - 11:42

The Millard Public Schools Grading Guidelines for second through twelfth grade shall be used to report achievement and academic progress and to compute Grade Point Averages (GPA).  Weighted grade points shall be given to those grades received in Advanced Placement (AP) classes or International Baccalaureate (IB) classes where applicable.

No. Grade

Letter Grade

% Grade Range

Standard Grade Pts.

Weighted Grade Pts.

1 =

A =

100-93 =

20 Grade pts. or

25 Grade pts.

2 =

B =

92-85 =

15 Grade pts. or

20 Grade pts.

3 =

C =

84-77 =

10 Grade pts. or

15 Grade pts.

4 =

D =

76-69 =

 5 Grade pts. or

10 Grade pts.

5 =

F =

68- 0 =

 0 Grade pts.

 0 Grade pts.

P =

P =

Pass =

 0 Grade pts.

 0 Grade pts.

F =

F =

Fail =

 0 Grade pts.

 0 Grade pts.


Weighted grade points will apply to Advanced Placement courses, to those courses taken for International Baccalaureate purposes wherein students are required to meet IB requirements for standard level (SL) or higher level assessment and to those courses which are beyond the Advanced Placement course sequence within a specific content area as identified in the Millard Public Schools High School Curriculum Handbook and Registration Guide. Pre-IB courses do not qualify for weighted grade points.  

Dual enrollment students receive two grades.  The first grade is in accordance with the Millard Public Schools grading scale and will appear on the Millard Public Schools transcript.  The second grade will be assigned according to the procedures established for Dual Enrollment courses for the post-secondary institution in which the student has dual enrolled.

Graduates will be recognized for honors in accordance with the following Grade Point Averages (GPA):
     Summa Cum Laude 4.0 and above
     Magna Cum Laude 3.75-3.99
     Cum Laude 3.50-3.74

 

Date of Adoption
April 24, 2000
Date of Revision
July 21, 2003
August 6, 2007
November 2, 2009
August 17, 2015
November 5, 2018
September 16, 2019
Reaffirmed
April 2, 2007

6330.2: Grading Guidelines for Kindergarten and First Grade

6330.2: Grading Guidelines for Kindergarten and First Grade holly Tue, 07/16/2019 - 11:47
 

 

 

The Millard Public Schools Grading Guidelines for kindergarten and first grade shall be used to report academic progress where applicable.  The following rubrics will be used:

 Exceeds    Child consistently exceeds expectations. 
 Satisfactory  Child meets expectations on skills presented. 
 Needs Improvement  Skill has been introduced,practiced and child does not show  independence. 
Date of Adoption
April 24, 2000
Date of Revision
October 2, 2006
August 6, 2007
June 16, 2008
Reaffirmed
April 2, 2007
April 4, 2016
August 15, 2022

6330.3: Recording and Communication

6330.3: Recording and Communication holly Tue, 07/16/2019 - 11:50

The District-adopted student information system grade book and report card modules shall be used by all administrators and teachers to record and communicate student performance. The Superintendent or designee(s) shall implement procedures for the use of the student information system.

Date of Adoption
April 2, 2007
Reaffirmed
December 2, 2013
October 5, 2020

6331: Acceleration and Retention

6331: Acceleration and Retention holly Tue, 07/16/2019 - 11:52

The Superintendent or designee shall develop and implement student acceleration and retention procedures. The objectives of the procedures shall be to provide parents and District staff with guidelines and a process for making decisions regarding student grade or subject placement acceleration, and student grade placement retention, when either the appropriateness of continued instruction in the current grade or subject placement, or the appropriateness of promotion to the next grade, are questioned by parents or District staff.

Date of Adoption
June 4, 2012
Reaffirmed
January 7, 2019

6335: Awards for Achievement

6335: Awards for Achievement holly Tue, 07/16/2019 - 11:54

Professional staff will maintain a set of criteria and procedures for presenting letters or other suitable awards to students for scholarship and distinguished service in any school activity.  In all cases, the relationship between the award and the relevant goal or goals of the schools should be pointed out. 

The professional staff is authorized to review and approve, or reject, proposed trophies, prizes, scholarships or other awards from non-school donors. Acceptance will require affirmative answers to at least the following questions: 

  1. Can the proposed award be considered free from motives of personal or corporate gain and publicity? 
  2. Are the criteria for making the award under the control of the professional staff, or acceptable to the staff? 
  3. Are the purposes, either implied or explicit, of the proposed award consistent with our schools’ goals?
Date of Adoption
February 4, 1974
Date of Revision
August 4, 2003 (from 5126)
September 26, 2022
Reaffirmed
April 5, 2010
April 4, 2016

6335.1: Awards for Achievement

6335.1: Awards for Achievement holly Tue, 07/16/2019 - 12:02

The principal of each school shall establish standards, criteria and other needed guides for administering student awards unique to his/her school in accord with adopted board policy. A statement of such standards, criteria and administrative guides for each award or class of awards will be kept on file in the school and will be available for examination by any student, teacher or other citizen.

Date of Adoption
February 4, 1974
Date of Revision
August 4, 2003
Reaffirmed
April 5, 2010
April 4, 2016
September 26, 2022

6340: Communication with Parents

6340: Communication with Parents holly Tue, 07/16/2019 - 12:05

The District recognizes that quality communication between parent and teacher is important to the students’ educational development.

Communication between parent and teacher shall be varied and frequent. Methods of communication may include but are not limited to parent-teacher conferences, mail, e-mail, student information system portal, telephone, school visitation by parents and home visitation by teachers.

Date of Adoption
February 4, 1974
Date of Revision
August 24, 2000
March 19, 2007
Reaffirmed
November 4, 2013
September 16, 2019

6340.1: Communication With Parents

6340.1: Communication With Parents holly Fri, 07/19/2019 - 09:28

Parent notification about unsatisfactory student work is the responsibility of the teacher. The notification shall reflect the educational growth of the student in relationship to his or her ability and achievement. This responsibility is to be carried out as follows:

1. At regular intervals or the mid-point of each marking period, parents of students doing failing or near-failing work are to be notified in writing by the teacher with notification also given to the counselor or principal.

2. At least two weeks before the end of each marking period if failing or near failing work persists, the teacher should again give written notices to the students’ parents concerning the students’ unsatisfactory work with this information made available to the counselor or principal.

Date of Adoption
February 4, 1974
Date of Revision
August 24, 2000
March 19, 2007
Reaffirmed
November 4, 2013
September 16, 2019

6340.2 Communication with Parents- Title I Parent and Family Engagement

6340.2 Communication with Parents- Title I Parent and Family Engagement jmcarson1 Tue, 09/24/2019 - 08:57

Millard Public Schools intends to follow the Title I Parent and Family Engagement Policy guidelines in accordance with federal law, Section 1116(a -f) ESSA, (Every Student Succeeds Act) of 2015.


In General
The written District parent and family engagement policy has been developed jointly, will be updated periodically and is distributed to parents and family members of participating children and the local community in an understandable and uniform format. This policy agreed on by such parents describes the means for carrying out the requirements as listed below.

 

  • Parents and family members of all students are welcomed and encouraged to become involved with their child’s school and education; this includes parents and family members that have limited English proficiency, limited literacy, are economically disadvantaged, have disabilities, racial or ethnic minority background or are migratory children. Information related to school and parent programs, meetings, school reports and other activities are sent to the parents of participating children in a format, and to the extent practicable, in a language the parents can understand. 

 

  • Parents are involved in the planning, review, evaluation and improvement of the Title I program, Parent and Family Engagement Policy and the School-Parent Compact at an annual parent meeting scheduled at a convenient time. This would include the planning and implementation of effective parent and family involvement activities.

 

  • Conduct, with meaningful parent and family involvement, an annual evaluation of the content and effectiveness of the Parent and Family Engagement Policy. Use the evaluation findings to design evidence-based strategies for more effective parental involvement, and to revise the Parent and Family Engagement Policy.

 

  • Opportunities are provided for parents and family members to participate in decisions related to the education of their child/children. The school and local educational agency shall provide other reasonable support for parental involvement activities.

 

  • Parents of participating children will be provided timely information about programs under this part, a description and explanation of the curriculum in use, the forms of academic assessment used to measure student progress and the achievement levels of the challenging State academic standards. The school will provide assistance, opportunities, and/or materials and training to help parents work with their children to improve their children’s academic achievement in a format, and when feasible, in a language the parents and family members can understand.

 

  • Educate teachers, specialized instructional support personnel, principals, and other school leaders, with the assistance of parents in the value and utility of contributions of parents, how to reach out to, communicate with and work with parents as equal partners.

 

  • Coordinate and integrate parental involvement programs and activities with other Federal, State and local programs, including preschool programs that encourage and support parents in more fully participating in the education of their children.
Date of Adoption
September 16, 2019

6400: Professional Learning

6400: Professional Learning holly Fri, 07/19/2019 - 09:48

The purpose of professional learning is to improve student achievement through differentiated learning and instructional opportunities and to improve the effective operation of the District. Educational Services and Leadership & Learning will work collaboratively with District level and building leaders to provide professional learning that supports best instructional practices focused on the written, taught, and assessed curriculum, the District-identified Indicators of Effective Teaching and Learning, and the continuous improvement of knowledge and skills as they apply to the Millard Education Program (MEP).

Date of Adoption
July 12, 1999
Date of Revision
December 19, 2011
January 4, 2016
September 26, 2022
Reaffirmed
December 6, 2004

6500: Assessed Curriculum - Program Evaluation

6500: Assessed Curriculum - Program Evaluation holly Fri, 07/19/2019 - 09:54

The Board of Education shall direct the Superintendent to develop and implement a comprehensive program evaluation system. The goal of program evaluation shall be to evaluate the effectiveness and efficiency of school programs. In some cases, detailed, process or audit information (description) on programs or curriculum is required and in other instances, critical data on effectiveness (inferences about causal relationships) is needed. Programs shall be defined as either systematic and identifiable delivery systems or new curricula. Program assessment data shall be used to modify, improve or terminate ineffective programs and when making budget and other programmatic decisions.

Date of Adoption
July 26, 1999
Date of Revision
February 18, 2013
Reaffirmed
September 5, 2006
August 19, 2019

6500.1: Assessed Curriculum - Program Evaluation

6500.1: Assessed Curriculum - Program Evaluation holly Fri, 07/19/2019 - 09:59

 

The following steps shall be used in creating a program evaluation design:

Step 1—Setting the Parameters of the Evaluation

a. Determine the purpose of the evaluation: whether the information is to be used for descriptive purposes or to draw causal conclusions about effectiveness
b. Compile program background information: economic, contextual, political, social factors

Step 2—Selecting Evaluation Methodology

a. Determine evaluation questions
b. Determine possible uses of study through stakeholder involvement
c. Design a plan for assessing program effectiveness or reviewing program implementation procedures
d. Design a time line for implementing the evaluation

Step 3—Collecting, Analyzing Data and Reporting Results

a. Implement evaluation design
b. Provide interim reports and modify and adjust as necessary
c. Analyze data to address evaluation questions and communicate preliminary findings with stakeholders
d. Revise, conduct additional analyses as needed
e. Finalize and submit report to Superintendent and Board of Education

Date of Adoption
July 26, 1999
Date of Revision
February 18, 2013
Reaffirmed
September 5, 2006
August 19, 2019

6510: Assessed Curriculum - Innovation/Program Change

6510: Assessed Curriculum - Innovation/Program Change holly Fri, 07/19/2019 - 10:01

It is the policy of the Millard Public Schools that innovation and program change on a regular basis are critical to maintaining a quality learning program for students at both the elementary and secondary level. Planning for improvement of the District’s educational program must always include a) innovative programs developed by the District’s professional educators which are supported by sound educational philosophy and research, and b) the identification and district trial of those programs developed by others which seem to hold promise for district improvement.

The professional staff is encouraged to seek improvement of the educational programs in the schools through all appropriate means, including carefully designed pilot programs of an original nature and structured field studies developed by sources outside of the Millard Public Schools that are supported by existing data or research. Such innovations must be a part of the building site plan and must involve collaboration with appropriate representatives of the Department of Educational Services.

Date of Revision
July 20, 1992
July 26, 1999
December 4, 2006
Reaffirmed
February 4, 2013
October 7, 2019

6510.1: Assessed Curriculum - Innovation/Pilot Programs and Field Studies

6510.1: Assessed Curriculum - Innovation/Pilot Programs and Field Studies holly Fri, 07/19/2019 - 10:08

I. Pilot program proposals and field study proposals will be submitted to the Office of the Superintendent and, if approved, to the Millard Board of Education for approval. Such proposals shall include, but not be limited to, the following:

A. Rationale

B. Compatibility with the District Strategic Plan

C. Compatibility with the District Curriculum Cycle

D. Existing research or data base

E. Clientele to be involved

F. Desired outcomes to be achieved

G. Strategies to be employed

H. Resources needed

I. Evaluation strategies

II. Pilot programs and field studies will be viewed as being temporary. Project continuation or expansion will be based on the outcome of the project evaluation.

III. Evaluation data will be presented to the Office of the Superintendent so that judgements can be made as to program success prior to the decision being made as to program continuation, modification, expansion or deletion.

IV. Based on successful pilot programs or field studies, recommendations for program expansion into other levels and/or buildings shall be incorporated into the curricular framework format and shall be presented to the Board of Education by the Office of the Superintendent.

V. The Office of the Superintendent will submit to the Board of Education a status report on all pilot studies as they are completed.

Date of Adoption
July 20, 1992
Date of Revision
July 26, 1999
December 4, 2006
Reaffirmed
February 4, 2013
October 7, 2019

6605: Journalism

6605: Journalism holly Fri, 07/19/2019 - 10:11

The District recognizes that student journalism is an important element of the curriculum and, therefore, supports the publication of newspapers, annuals, and magazines as a part of the District curriculum through print or any other written or electronic medium. District classrooms, buildings, grounds, and all District property, facilities and instrumentalities constitute a non-public forum. Print or electronic publications which are a part of the curriculum shall be subject to the control of the classroom instructor and building principal, and shall comply with applicable District policy and rule regarding use of school facilities and property.

Date of Revision
July 5, 1988
April 21, 1997
July 26, 1999
January 7, 2013
Reaffirmed
September 5, 2006
November 16, 2020

6605.1: Journalism

6605.1: Journalism holly Fri, 07/19/2019 - 10:13


 

I. Prohibited Expressions. 

Prior to publication of the student newspaper, annuals, and magazines, the classroom instructor and school principal or designee shall review classroom materials to determine their acceptability for publication. Student publications may be restricted, edited, or prohibited when, after considering the maturity level of the students, the classroom instructor, principal (or designee) determines any of the following:

A. The expression is considered vulgar or obscene. Vulgar or obscene expressions are those which the average person, applying contemporary community standards, would find that when taken as a whole, appeal to prurient interests; or, the expressions depict or describe in a patently offensive way sexual conduct in a manner prohibited by applicable law; or, the obscene materials, taken as a whole, lack serious literary, artistic, political, or scientific value. 

B. The expression is considered defamatory. Expressions shall be considered defamatory when they include libelous falsehoods about individuals. In order to be libelous, the libelous falsehood must be made with actual malice; that is, with the knowledge that it is false or with reckless disregard of whether or not it is false. 

C. The expression invades the privacy of others. Invasion of privacy includes exploitation of an individual's personality; providing information of an individual's private affairs with which the public has no legitimate concern; or wrongful intrusion into an individual's private activities in a manner that can cause mental suffering, shame, or humiliation to a person of ordinary sensibilities. 

D. The expression criticizes school officials or advocates violation of District Policies or Rules. Such expressions are prohibited to the extent that there is evidence that supports a reasonable judgment that substantial disruption of or material interference with the normal operation of the school or school activities will result, as provided in Section I (F) below.

E. The expression is discriminatory. Expressions which attack or promote discrimination against groups or individuals on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity, marital status, disability, or age.

F. The expression substantially interrupts or materially interferes with the educational process. Such expressions are prohibited when there is information which causes school administrators to reasonably forecast that a substantial disruption of or material interference with the normal operation of the school or school activities may occur, or injury to persons, damage to property, or interference with the rights of others may result if permitted. 

G. The expression is highly controversial. The publication is highly controversial and advances or advocates a certain viewpoint or lifestyle which has an inflammatory effect. An indication of whether something is controversial is whether the topic would reasonably offend some groups or would be shocking to teachers, parents, and/or students. To be prohibited under this subsection, the expression must substantially interrupt or materially interfere with the educational process.

H. The expression constitutes sexual harassment. The expression violates District Rules 5010.1, 5010.3 or 5400.6 or constitutes prohibited sexual harassment.

II. Guidelines for Student Memorials

A. Yearbook Guidelines:

1. A deceased student's picture, if available, will be included with the pictures of other students in the class for the year covered by the yearbook. In addition, approximately one-fourth page will be allowed for each student who died during the year. This area will include each student's picture (if available), the student's legal name, and the dates of birth and death. The top of the page will be designated, "Memorial Page" or "In Memory." If there are no student deaths there will be no memorial page.

2. For yearbooks that are delivered in the Fall, the memorial page will precede the index page. The yearbook will cover deaths from the beginning of summer through the last day of the school year. If there is a death during the summer and the student has not graduated, the student's picture will appear in the next year's yearbook.

3. For yearbooks that are delivered in the Spring, with a Fall supplement, the memorial page will be at the end of the yearbook supplement. The yearbook and supplement cover deaths that occur from July 1st through the next June 30th.

B. Student Newspaper Guidelines: 

1. Because of the periodic nature of student newspapers, no memorial pictures or articles will be published. Letters to the editor of tribute to the deceased or of sympathy to family and/or friends may be published. Letters must be signed and are subject to editing, after consultation with the author(s). Staff editorials may be published, at the discretion of the editorial staff and with the approval of the newspaper sponsor.

III. Violation of District Policy or Rule. Students who violate District policy or rule governing journalism through printed material, e-mail, or any other written or electronic medium are subject to disciplinary action as set forth in District Rule 5400.1. 

IV. Request for Hearing. Any student or student group believing that the District has unfairly deprived the student or student group of their freedom of expression may request a review of the perceived deprivation by following the procedures set forth in District Rule 5510.1.

V. Advertisements. Any person or entity wishing to advertise in a District publication must obtain written approval by the building principal or principal's designee prior to publication.

Date of Adoption
July 5, 1988
Date of Revision
April 21, 1997
July 26, 1999
April 24, 2000
January 7, 2013
November 16, 2020
Reaffirmed
September 5, 2006

6610: Multicultural Education

6610: Multicultural Education holly Fri, 07/19/2019 - 10:20

The instructional program of the Millard Public Schools shall incorporate multicultural education in all curriculum areas at all grades. Multicultural education includes, but is not limited to, studies relative to the culture, history and contributions of African Americans, Hispanic Americans, Native Americans, Asian Americans, and European Americans with special emphasis on human relations and sensitivity toward all races.

Date of Revision
November 2, 1992
April 27, 1998
July 26, 1999
March 6, 2006
September 15, 2008
February 2, 2015
Reaffirmed
November 1, 2021

6610.1: Multicultural Education

6610.1: Multicultural Education holly Fri, 07/19/2019 - 10:25

The Multicultural Education Program shall comply with the requirements of Nebraska law and the accreditation rules of the Nebraska Department of Education.

I. Statement of Philosophy

A. Multicultural Education is essential in meeting the mission of the Millard Public Schools. Students will be provided with opportunities:

1. to gain knowledge and appreciation of their own unique racial and ethnic heritage

2. to gain knowledge, understanding and respect for the racial and ethnic diversity of our country, our world and its peoples.

II. Program Parameter

A. The Multicultural Education Program shall be incorporated into the Millard Education Program, all curriculum frameworks and course guides, and include a process for selecting appropriate instructional materials, providing staff development, and periodic assessment of the program.

B. An annual report shall be provided to the Board of Education.

Date of Revision
November 2, 1992
April 27, 1998
July 26, 1999
March 6, 2006
September 15, 2008
February 2, 2015
Reaffirmed
November 1, 2021

6615: Health Education

6615: Health Education holly Fri, 07/19/2019 - 10:28

Health is a state of physical, mental and social well-being. Wellness is the highest level of health that can be achieved.  It is essential that students receive sound health education that promotes, reinforces, supports and enhances wellness behaviors.

The Millard Board of Education is committed to a sound, comprehensive health education program that is an integral part of each student’s general education.  Such programming shall be in compliance with any laws, rules and regulations currently in force and any others which may emerge in the future

Students will learn positive behavior strategies that will enable them to screen media messages, deal with peer pressure, and make appropriate adjustments to changes that occur throughout their lives.  Students will be equipped with identified strategies to avoid risk situations.  Positive health behaviors based on self-respect and respect for others must be developed, supported and enhanced.

Date of Revision
November 2, 1992
July 26, 1999
April 3, 2006
January 7, 2013
Reaffirmed
November 21, 2016

6615.1: Health Education

6615.1: Health Education holly Fri, 07/19/2019 - 10:31

As provided in State statute, programs will be provided for instructing students in a comprehensive health education program which shall include instruction (1) as to the physiological, psychological, and sociological aspects of drug use, misuse, and abuse and (2) on mental disabilities and other developmental disabilities, such as cerebral palsy, autism, and epilepsy, their causes, and the prevention thereof through proper nutrition and the avoidance of the consumption of drugs as defined in this section. For purpose of this section, drugs shall mean any and all biologically active substances used in the treatment of illnesses or for recreation or pleasure. Special emphasis shall be placed upon the commonly abused drugs of tobacco, alcohol, marijuana, hallucinogenics, amphetamines, barbiturates, and narcotics.

The health education program will be accomplished through the provision of a multi-cultural, gender-fair, disability-sensitive instructional program, based on the acquisition of knowledge and the development of personal skills that promote healthy behavior.

In the area of family life education and the study of human sexuality, it is essential that there be understanding, support and continual communications among home, school and community religious organizations. As it regards District programming, a pro-abstinence position will be conveyed and supported by the District and its personnel. In addition, the following will be adhered to: 

I. Instructional materials to be used in 5th, 6th, and 8th grade health courses and Everyday/Healthy Living will be available for inspection by the parent or guardian. These materials may be viewed at the student’s school or during Parent Orientation Events as set forth in District Rule 6810.1;

II. If, after a review of the materials and a conference with the teacher/principal, a parent/guardian requests that his/her child not participate in a given course or aspect of a course, an alternative educational assignment will be arranged for the student as set forth in District Rules 6810.2 and 1310.2.

Date of Adoption
November 2, 1992
Date of Revision
July 26, 1999
April 3, 2006
January 7, 2013
November 21, 2016

6620: Fire Instruction and Prevention

6620: Fire Instruction and Prevention holly Fri, 07/19/2019 - 10:34

 

State Fire Day shall be observed by district schools with exercises appropriate to the subject and the day. The second Friday in May is State Fire Day.

District schools shall provide regular periods of instruction in the subject of fire dangers and in methods of fire prevention.

Date of Adoption
September 24, 2001
Date of Revision
October 1, 2007
Reaffirmed
September 16, 2013
September 21, 2020

6625: School Libraries

6625: School Libraries holly Fri, 07/19/2019 - 10:35

The District recognizes that school libraries play a vital role in education by providing access to and instruction for a variety of resources. The District will provide comprehensive library facilities with up-to-date fiction and non-fiction books, reference materials, and digital resources necessary to support a world-class educational community, promote literacy and reading for pleasure, and achieve personal excellence and responsible citizenship. 

Date of Adoption
June 16, 1975
Date of Revision
August 9, 1999
February 21, 2011
February 19, 2018
Reaffirmed
November 6, 2006

6625.1: School Libraries

6625.1: School Libraries holly Fri, 07/19/2019 - 10:40

The District's school libraries and teacher-librarians shall provide: 

A. Instruction that enables students, staff and the community to become proficient users of library resources. 

B. Information to teachers and administrators concerning sources and availability of instructional materials that will aid in the delivery of District approved curriculum. 

C. Opportunities for teacher-librarians, in cooperation with classroom teachers, to develop and deliver instructional units and activities using print and digital resources. 

D. Collaboration with teachers and students in the evaluation, selection, production, and uses of instructional materials. 

E. A collection of materials and resources that support user academic and personal needs and interests 

F. Assistance to teachers, administrators, and other school staff members in becoming knowledgeable about appropriate uses of library services, instructional materials, technology-based systems and equipment, and the integration thereof. 

G. Information and assistance to students, teachers, and administrators concerning copyright law, fair use guidelines, Creative Commons, and academic integrity through the ethical use of library resources. 

The teacher librarian shall collaborate as an instructional partner and information specialist. Collaboration with classroom teachers and administrators shall develop students’ information and technology skills, helping all students meet the content standards and indicators in all subject areas. Library services and resources shall be available for students and teachers during the entire school day. 

The Superintendent or designee shall develop a District-wide School Library Plan. The District-wide School Library Plan shall describe the District's vision and goals for the District's libraries. As appropriate, the Plan may address facilities, selection and weeding procedures, and prioritization of needs or other related matters. The Superintendent or designee is encouraged to consult with affected stakeholders in the development of the District-wide School Library Plan. 

Responsibility for the selection of library materials is delegated to the professional teacher-librarian through the building principal. The selection process shall invite recommendations from administrators, teachers, other staff, parents/guardians, and students as appropriate. Library materials are those that include, but are not limited to, print, non-print, periodicals, online databases, digital and multi-media resources, supplies, and equipment that are critical to the support and enhancement of the curriculum and educational program. Library materials should be continually reevaluated in relation to evolving curriculum, new formats of materials, new instructional methods, and the needs of students and teachers. These materials are housed in and accessed through the library for use by the entire learning community of the school. 

Library materials acquisition shall, at a minimum, follow Nebraska Department of Education, Rule 10 guidelines, using vendors approved by the District, and processed through the District’s Department of Library Services. All library acquisitions and other designated materials shall be cataloged in the District provided library management system. 

Libraries shall be staffed, at a minimum, to follow Nebraska Department of Education, Rule 10 guidelines. 

Challenges regarding the appropriateness of library materials shall be addressed using the District's procedures for complaints regarding instructional materials.

Date of Adoption
February 21, 2011
Date of Revision
February 19, 2018

6628: School Counseling

6628: School Counseling holly Fri, 07/19/2019 - 10:42

 

The counseling program shall be an integral component of the mission of the school district. 

The counseling program shall identify and deliver the knowledge and skills necessary for personal excellence and responsible citizenship by facilitating the academic, college and career, and social and emotional development of all students. 

Every student has equitable access to the school counseling program. The school counseling program is comprehensive in design and is delivered systematically to all students, recognizing that some students are in greater need of counseling services than others. These services include individual student planning, curriculum, response services, and systems support. It is a collaboration of parents, students, school counselors, administrators, teachers, student services personnel and support staff working together for the benefit of every student.

Date of Adoption
June 16, 1975
Date of Revision
August 9, 1999
April 3, 2006
February 4, 2019
Reaffirmed
March 5, 2012

6635: Students with Disabilities

6635: Students with Disabilities holly Fri, 07/19/2019 - 10:47

 

All students with verified disabilities will be provided with a free appropriate public education, which includes special education and related services, in conformity with individualized education programs. 

Under the direction of the Superintendent, the administration shall establish and maintain procedures governing the provision of special education and related services to students with identified disabilities in compliance with the Individuals With Disabilities Education Act (IDEA), requirements of the Nebraska Department of Education, and all other applicable federal and state laws. regulations, and rules, as amended from time to time.

Date of Revision
October 20, 1997
November 10, 1997
August 9, 1999
March 6, 2006
May 6, 2019
Reaffirmed
March 5, 2012

6640: Section 504 Compliance

6640: Section 504 Compliance holly Fri, 07/19/2019 - 10:50

 

The District will comply with Section 504 of the Rehabilitation Act of 1973 and regulations thereunder as amended, and shall ensure that students who are disabled within the definition of Section 504 are identified, evaluated, and provided with appropriate educational services. The Director of Special Education or designee has been assigned to coordinate compliance efforts and investigate any complaints regarding students and Section 504. Building principals are responsible for the implementation of Section 504 procedures in their buildings.

Date of Adoption
December 20, 1993
Date of Revision
August 7, 2000
July 12, 2010
Reaffirmed
April 21, 2008
September 8, 2015
October 20, 2022

6655: Summer School

6655: Summer School holly Fri, 07/19/2019 - 10:55

The school district may conduct a summer school program each year. Its purpose is to provide additional opportunities for pupils to receive remedial instruction and participate in enrichment activities. Summer school attendance does not in any way guarantee promotion for pupils. They may, however, earn credits toward high school graduation which may result in a revision of class placement in the high school.

Date of Adoption
June 16, 1975
Date of Revision
April 27, 1998
August 9, 1999
Reaffirmed
September 5, 2006
April 16, 2012
August 7, 2017

6655.1: Summer School Program - Credit Card Payments

6655.1: Summer School Program - Credit Card Payments holly Fri, 07/19/2019 - 10:59

The District’s summer school program shall provide a means for students/parents to make credit card payments for tuition.  A convenience fee shall be charged to the card holder for such service.

Date of Adoption
December 19, 2011
Reaffirmed
August 7, 2017

6660: Problem Solving Process

6660: Problem Solving Process holly Fri, 07/19/2019 - 11:07

 

All District schools, PK-12, shall use a consistent and collaborative problem solving and intervention model called Multi-Tiered Systems of Support (MTSS). This process is designed to assist teachers in developing problem solving and intervention strategies, and when necessary, recommend other appropriate District resources to ensure the success of students in school. 

The District will develop written procedures for implementation of the MTSS model and for the training of staff participating in the problem solving and intervention process for reading, mathematics, and behavior. Under the direction of the Superintendent, the administration shall establish and maintain procedures consistent with applicable federal and state statutes and regulations to govern implementation of the problem solving and intervention process. 

Date of Adoption
April 16, 2001
Date of Revision
December 4, 2006
May 21, 2012
August 20, 2018
June 3, 2019

6670: Homebound Instruction

6670: Homebound Instruction holly Fri, 07/19/2019 - 11:09

Homebound instruction in a student’s home or in a local hospital and under the supervision of a responsible adult may be provided when the student is ill, injured, or has a documented medical condition and is unable to attend regular classes for an extended period of time. Homebound instruction shall only be provided when the student’s illness, injury, or documented medical condition is such that the student can benefit from instruction and no other provision will meet the student’s educational needs.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
May 21, 2001
May 20, 2013
December 2, 2019
May 3, 2021
Reaffirmed
November 19, 2007

6670.1: Homebound Instruction

6670.1: Homebound Instruction holly Fri, 07/19/2019 - 11:11

I. General Statement. 

Homebound instruction may be provided to a student in his/her home or in a local hospital and under the  supervision of a responsible adult, when the student is unable to attend regular classes due to illness, injury, or documented medical condition which results in the student’s extended absence from school. Homebound instruction shall only be provided when the student’s illness or injury are such that the student can benefit from instruction and no other provision will meet the student’s needs.

II. Definitions.

A. Homebound instruction shall mean educational instruction provided to a student online vua approved District technology resources, in his/her home within District boundaries or in a local hospital to which a student has been admitted for care of the illness, injury, or documented medical condition. 

B. Under the supervision of a responsible adult shall mean the presence of the student’s parent or guardian or other adult as authorized by the parent or guardian, including hospital staff.

C. Extended absence from school shall mean a medically prescribed absence from the regular classes the student attends.  The length of time a student may be absent from classes for a medically prescribed reason before homebound instruction begins will be individually determined and based upon, but not limited to the following:  duration of the absence, recurrence of the absences, and the ability of the student to participate in instruction as verified by a medical professional.

D. Illness, injury, or documented medical condition shall mean a medically diagnosed physical or mental condition that prohibits a student from attending regular classes.

E. Core subject areas shall mean instruction in the following areas: reading, writing, mathematics, science and social studies.

F. Medical Professional shall mean individuals licensed by the Department of Health and Human Services.

III. Provision of Homebound Instruction.
 

A. Homebound instruction shall be provided only when no other options are available to meet the student’s educational needs. 

B. The frequency and duration of homebound instruction shall be such instruction as is necessary for the student to progress in the core subject area classes that he/she is unable to attend.

C. A medical professional shall sanction the student’s participation in homebound instruction, verifying that the student’s physical and mental condition will not be jeopardized by participation. 

D. Students who are residents of the District and attend a nonpublic school are eligible to receive homebound instruction.

E. Students who are residents of the District and attend an exempt school are not eligible to receive homebound instruction, other than the instruction they may be entitled to receive as a student with a disability.

F. Homebound instruction will be provided on regularly scheduled school days, following the approved school calendar, and during times that are ordinarily considered to be the school day for professional staff as provided by District Rule 4141.1.  


IV. Requests for Homebound Instruction.
 

A. All requests for homebound instruction shall be referred to the Director of Special Education or designee.

B. If the student is not a student with a disability, a Multidisciplinary Team evaluation may be conducted to determine if the student is eligible to receive instruction as a student with a disability.  If the student is determined to be eligible to receive homebound instruction as a student with a disability, the student’s Individual Education Program (IEP) Team will identify the appropriate homebound instruction to be provided by the District.

C. If the Multidisciplinary Team evaluation does not determine the student is eligible to receive special education services, a 504 Team may be convened. If the student is determined to be eligible to receive homebound instruction as a student with a 504 Plan, the student’s 504 Team will identify the appropriate homebound instruction to be provided by the District.

D. If the student is a student with a disability, the student’s IEP or 504 Team will be convened to consider the student’s medical condition and identify the appropriate homebound instruction to be provided by the District.
 

Date of Adoption
May 21, 2001
Date of Revision
May 20, 2013
December 2, 2019
May 3, 2021
Reaffirmed
November 19, 2007

6675: Exempt School

6675: Exempt School holly Fri, 07/19/2019 - 11:12

The District recognizes the rights of parents and guardians to educate their children and wards in an Exempt School, in accordance with state law and regulations. The Superintendent shall establish such guidelines and procedures to work cooperatively with such Exempt Schools and Exempt School Students as may be required by state and federal law.

Date of Adoption
February 21, 2000
Date of Revision
August 4, 2003
May 3, 2010
Reaffirmed
November 21, 2016
July 10, 2023

6675.1: Exempt Schools - Requests for Programs, Services or Materials

6675.1: Exempt Schools - Requests for Programs, Services or Materials holly Fri, 07/19/2019 - 11:16


 

I. General Statement. 

Nebraska law provides parents and legal guardians the right to educate their children and wards in school, which are exempt pursuant to section 79-1601 from state approval or state accreditation requirements. 


II. Definitions. 

A. Exempt School shall mean a school which has elected not to meet approval or accreditation requirements. 

B. Exempt School Student shall mean any resident student of school age who has not graduated or received a G.E.D. diploma and who is attending an Exempt School. 

C. Programs shall mean the educational curriculum, co-curricular activities, and extracurricular school-sponsored clubs and activities which are available for students who are enrolled in the District. 

D. Assigned School shall mean the District school where the Exempt School Student would have attended and received educational instruction as a resident student if the student had officially enrolled pursuant to the District’s enrollment policies and rules. 

E. Resident Student shall mean students that reside in the District who have at least one parent who resides in the District. 

III. Cooperation with Exempt Schools. 

The District shall cooperate with the education of Exempt School Students according to state and federal law, and District policies and rules. In cooperating in the educational process of Exempt School Students the District shall: 

A. Provide special education services to qualified Exempt School Students pursuant to District policies and rules, and state and federal laws and regulations. Special education and related services will be provided at the assigned District school that is closest to the eligible student’s Exempt School. Services will be available during the hours that public school students attend school. 

B. Allow Exempt School Students to participate in interscholastic athletics or activities to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled full time in the District as provided in Neb. Rev. Stat. § 79-2,136 and any interscholastic activities or athletics under the jurisdiction of the Nebraska School Activities Association, provided however that such Exempt School Students shall be enrolled in no more and no less than a 5 credit hour (one semester) course offered by the District during each semester in which they wish to participate and are in compliance with the rules established by the Nebraska School Activities Association, regardless of the level of participation or competition.

C. Not provide any EL, Title I, homebound instruction or other remedial services to Exempt School Students except as may be required by law. 

D. Not provide any textbooks, teacher’s edition textbooks, ancillary textbook materials, consumable material, library or media materials, or other resources to Exempt School Students or Exempt Schools. 

IV. Requests for Participation. 

A. All requests for participation in District programs shall be referred to the Superintendent or designee for consideration and approval or denial. The Superintendent or designee in considering and evaluating the request shall consider the following issues: 

1. The availability of the requested program at the assigned school;

2. Whether the school environment or educational process will be disrupted;

3. Whether there is space available and a specified time can be assigned so as to minimize any conflicts or disruption of the education process;

4. Whether the Exempt School Student is enrolled in no more and no less than a 5 credit hour (one semester) course during each semester in which they wish to participate meets academic eligibility requirements or course enrollment prerequisites for participation based on Nebraska School Activities and Athletics guidelines;

5. Whether the requested program is appropriate for the knowledge level, intellectual maturity, competence, and age of the Exempt School Student; and

6. Whether the requested program is part of an integrated program which cannot be isolated so as to allow participation in the requested program (e.g. Marching Band).


B. An Exempt School Student shall be required to be officially enrolled and counted proportionately towards the District’s ADA/ADM to participate in the District’s programs or activities. 

C. Exempt School Students who participate in District programs shall be subject to all District and school policies and rules, including, but not limited to, District and school policies and rules regarding student conduct, discipline, attendance, student fees, student provided materials, equipment and attire, insurance, proof of age and identity, physical examination, and immunizations. 

D. Exempt School Students may participate in those clubs at the assigned school which are available to students who are enrolled full time in the District provided they are enrolled in no more and no less than one 5 credit hour (or one semester) course during each semester in which they wish to participate.

Date of Adoption
February 21, 2000
Date of Revision
July 31, 2000
August 4, 2003
January 22, 2007
November 2, 2009
May 3, 2010
February 21, 2011
June 6, 2016
July 10, 2017
July 10, 2023

6675.2: Admittance and Participation by Exempt School Students

6675.2: Admittance and Participation by Exempt School Students holly Fri, 07/19/2019 - 11:18

I. Placement

Grade and class placement of Exempt School Students requesting enrollment in the District as a full time student shall be determined by the District. The following factors shall be considered in determining the placement of an Exempt School Student:

A. The age of the student;

B. A review of the transcript of the program of instruction completed by the Exempt School Student which shall be provided by the parents or legal guardian of the student;

C. Achievement Test scores, which shall be provided to the District by the parents or legal guardian of the student; and

D. Records from any schools previously attended by the student.

II. Official School Transcripts

The transcript record of the Exempt School curriculum may become part of or incorporated into the official transcript records of the District, noting that the courses were completed in an Exempt School setting. 

III. Credits and Grades

A. For the purpose of placement and graduation, credits may be given for Exempt School curriculum satisfactorily completed, as determined by the District. Credits may not necessarily be given for any Exempt School curriculum. In determining whether to give credits for Exempt School curriculum, the District may use a review of transcripts from prior schools attended, standardized tests, assessments, and teacher evaluations of student competency in the subject matter. The District may give credits for Exempt School curriculum if it is determined that the student demonstrates mastery of the subject matter and completion of course requirements.

B. Grades awarded to an Exempt School Student for completion and evaluation of Exempt School curriculum shall not be utilized in the calculation of the student's grade point average.

IV. Graduation Requirements 

Exempt School Students enrolling in or returning to a District high school shall meet all of the graduation requirements of the District including the course and credit requirement as well as the District’s required assessments in order to receive a District diploma.

Date of Adoption
February 21, 2000
Date of Revision
August 4, 2003
May 3, 2010
June 6, 2016
July 10, 2023

6680: Nonpublic Schools

6680: Nonpublic Schools holly Fri, 07/19/2019 - 11:20

The District recognizes the rights of parents and guardians to educate their children and wards in a nonpublic school, in accordance with state law and regulations. The Superintendent shall establish such guidelines and procedures to work cooperatively with such nonpublic schools and nonpublic school students as may be required by state and federal law.

Date of Adoption
August 4, 2003
Date of Revision
May 3, 2010
Reaffirmed
November 21, 2016
July 10, 2023

6680.1: Nonpublic Schools - Requests for Programs, Services

6680.1: Nonpublic Schools - Requests for Programs, Services holly Fri, 07/19/2019 - 11:21

I. General Statement. Nebraska law provides parents and legal guardians the right to educate their children and wards in Nonpublic Schools that meet state approval or state accreditation requirements. 

II. Definitions 

A. Nonpublic School shall mean any private, parochial, or denominational school which has met approval and/or accreditation requirements pursuant to state law and regulations of the Nebraska Department of Education. 

B. Nonpublic School Student shall mean any resident student of school age who has not graduated or received a G. E. D. diploma and who is attending a Nonpublic School. 

C. Assigned School shall mean the District school where the Nonpublic School Student would have attended and received educational instruction as a resident student if the student had officially enrolled pursuant to the District’s enrollment policies and rules. 

D. Programs shall mean the educational curriculum, co-curricular activities, and extracurricular school sponsored clubs and activities which are available for students who are enrolled in the District. 

E. Resident Student shall mean students that reside in the District or who have at least one parent who resides in the District. 

III. Cooperation with Nonpublic Schools 

The District shall cooperate with the education of Nonpublic School Students according to state and federal laws, and District policies and rules. In cooperating in the educational process of Nonpublic School Students the District shall: 

A. Provide special education services to qualified Nonpublic School Students pursuant to District policies and rules and state and federal laws and regulations. Special education and related services will be provided at the assigned District school that is closest to the eligible student’s Nonpublic School. Services will be available during the hours that public school students attend school. 

B. Allow Nonpublic School Students to participate in interscholastic athletics or activities to the same extent and subject to the same requirements, conditions, and procedures as a student enrolled full time in the District as provided in Neb. Rev. Stat. § 79-2,136 and any interscholastic activities or athletics under the jurisdiction of the Nebraska School Activities Association, provided however that such Nonpublic School Students shall be enrolled in no more and no less than a 5 credit hour (one semester) course offered by the District during each semester
in which they wish to participate and are in compliance with the rules established by the Nebraska School Activities Association, regardless of the level of participation or competition.

C. Not provide any EL, Title I, or other remedial services to Nonpublic School Students except as may be required by law. 

D. Provide textbooks for use by Nonpublic School Students in accordance with District Policy 6295 and Rule 6295.1. 

E. Provide homebound instruction in accordance with District Rule 6670.1 

IV. Request for Participation 

A. All requests for participation in District programs shall be referred to the Superintendent or designee for consideration and approval or denial. The Superintendent or designee in considering and evaluating the request shall consider the following issues: 


1. The availability of the requested program at the assigned school;

2. Whether the school environment or educational process will be disrupted;

3. Whether there is space available and a specified time can be assigned so as to minimize any conflicts or disruption of the education process;

4. Whether the Nonpublic School Student is enrolled in no more and no less than a 5 credit hour (one semester) course during each semester in which they wish to participate and meets academic eligibility requirements or course enrollment prerequisites for participation;

5. Whether the requested program is appropriate for the knowledge level, intellectual maturity, competence, and age of the Nonpublic School Student; and

6. Whether the requested program is part of an integrated program which cannot be isolated so as to allow participation in the requested program (Marching Band).


B. A Nonpublic School Student shall be required to be officially enrolled and counted proportionately towards the District’s ADA/ADM to participate in the District’s program or activities. 

C. Nonpublic School Students who participate in District programs shall be subject to all District and school policies and rules, including, but not limited to, District and school policies and rules regarding student conduct, discipline, attendance, student fees, student provided materials, equipment and attire, insurance, proof of age and identity, physical examination, and immunizations.

D. Nonpublic School Students may participate in those clubs at the assigned school which are available to students who are enrolled full time in the District provided they are enrolled in no more and no less than one 5 credit hour (or one semester) course during each semester in which they wish to participate.

Date of Adoption
August 4, 2003
Date of Revision
January 22, 2007
November 2, 2009
May 3, 2010
February 11, 2011
May 20, 2013
June 6, 2016
July 10, 2017
July 10, 2023

6680.2: Nonpublic School Students - Placement, Credits and Grades

6680.2: Nonpublic School Students - Placement, Credits and Grades holly Fri, 07/19/2019 - 11:33


 

I. Placement

Grade and class placement of Nonpublic School Students requesting enrollment in the District as a full-time student shall be determined by the District. The following factors shall be considered in determining the placement of a Nonpublic School Student:

A. The age of the student;

B. A review of the transcript of the program of instruction completed by the Nonpublic School Student which shall be provided by the parents or legal guardian of the student;

C. Achievement test scores, which shall be provided to the District by the parents or legal guardian of the student; and

D. Records from any schools previously attended by the student.

II. Official School Transcripts

The transcript record of the Nonpublic School curriculum may become part of or be incorporated into the official transcript records of the District, noting that the courses were completed in a Nonpublic School setting. 

III. Credits and Grades

A. For the purpose of placement and graduation, credits may be given for Nonpublic School curriculum satisfactorily completed, as determined by the District. Credits may not necessarily be given for any Nonpublic School curriculum. In determining whether to give credits for Nonpublic School curriculum, the District may use a review of transcripts from prior schools attended, standardized tests, assessments, and teacher evaluations of student competency in the subject matter. The District may give credits for Nonpublic School curriculum if it is determined that the student demonstrates mastery of the subject matter and completion of course requirements.

B. Grades awarded to a Nonpublic School Student for completion and evaluation of Nonpublic School curriculum will be utilized in the calculation of the student’s grade point average if Nonpublic School curriculum meets District standards.

IV. Graduation Requirements

Nonpublic School Students enrolling in or returning to a District high school shall meet all of the graduation requirements of the District including the course and credit requirement as well as the required assessments in order to receive a District diploma.

Date of Adoption
August 4, 2003
Date of Revision
May 3, 2010
June 6, 2016
July 10, 2023

6690: Alternative Education Program

6690: Alternative Education Program holly Fri, 07/19/2019 - 11:38

An Alternative Education Program shall be offered by the Millard School District to students whose needs cannot be met effectively in the regular school setting.

Date of Adoption
October 6, 2008
Reaffirmed
January 5, 2015
December 6, 2021

6690.1: Alternative Education Program

6690.1: Alternative Education Program holly Fri, 07/19/2019 - 11:41

The Millard School District’s Alternative Education Programs will include, but not be limited to, full school day, multi-year, educational programs. These programs will provide more individualized instruction, an innovative and rigorous curriculum, and a caring, structured environment. Alternative Education Programs will also address the needs of those students who have dropped out, who are at risk of dropping out and who wish to earn their diplomas, who have not met the District’s Essential Learner Outcome assessment requirements for graduation, and who have been expelled or subjected to a long-term suspension for ten (10) school days or more.

The District’s Alternative Education Program may consist of, but not be limited to:

  1. Middle school programming that may be centralized or contained within each District middle school.
  2. School-within-a-school programs that provide transition services between levels for students who may be at risk and that may be provided at each high school as warranted.
  3. A separate high school alternative program and location
  4. A night-School program and/or credit recovery program.
  5. A specific off-campus program that will provide expelled students, students suspended for ten (10) school days or more, students who have discontinued their enrollment without completing the District’s graduation requirements, and/or students for whom a mandatory placement due to safety concerns is necessary with opportunities that might allow them to acquire sufficient credits so as to stay on track for graduation.
  6. Programs for students seeking innovative or challenging curriculum outside the scope of traditional instructional methodology and courses correlated with career and world of work concepts/issues.
Date of Adoption
October 6, 2008
Date of Revision
December 7, 2009
January 5, 2015
Reaffirmed
December 6, 2021

6700: Co-Curricular Activities

6700: Co-Curricular Activities holly Fri, 07/19/2019 - 11:48

Extracurricular school-sponsored clubs and activities, and interscholastic athletics and activities are an extension of the selected content curriculum and instructional strategies of the Millard Education Program, whether or not they occur in a traditional classroom setting. As an extension of the Millard Education Program, and as a result of financial, facility, personnel, and interest limitations and constraints, the number and nature of extracurricular school-sponsored clubs and activities, and the number of interscholastic athletics and activities will be restricted to those which meet the criteria of and which are approved according to the procedures specified in District Rules 6700.1 and 6700.2. The District shall not be required to approve or promote any extracurricular school-sponsored clubs and activities, or any interscholastic athletics and activities which are suggested for approval. Extracurricular school-sponsored clubs and activities, and interscholastic athletics and activities are separate and distinct from the co-curricular activities such as band and choir, in which students must participate as part of the requirements for enrollment in and receiving a grade for a particular course. Extracurricular school-sponsored clubs and activities, and interscholastic athletics and activities are separate and distinct from the student-initiated, non-curriculum related secondary school student groups which are permitted to conduct non-curriculum related student group meetings on the premises of secondary schools, pursuant to the equal access provisions of federal law and District Policy 5520 and Rule 5520.1. Such non-curriculum related secondary school student groups are not extracurricular, are not school-sponsored, are not an extension of the Millard Education Program, and are not governed by this Policy or District Rules 6700.1through 6700.8.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
March 4, 2002
May 19, 2008 (reviewed)
May 6, 2013
Reaffirmed
September 8, 2015
July 11, 2022

6700.1: Extracurricular School Sponsored Clubs & Activities - Approval Procedures & Criteria

6700.1: Extracurricular School Sponsored Clubs & Activities - Approval Procedures & Criteria holly Fri, 07/19/2019 - 13:21

I.          Extracurricular School-Sponsored Clubs and Activities

Extracurricular school-sponsored clubs and activities are an extension of the selected content curriculum and instructional  strategies of the Millard Education Program. Extracurricular school-sponsored clubs and activities serve as an extension of the Millard Education Program by providing and promoting opportunities, activities, experiences, and/or programs which supplement the subject matter of specific courses, extend the skills taught in specific courses, reinforce the instruction provided in specific courses, provide career activities and exploration, recognize and promote academic achievement and excellence, provide intramural athletic competition, enhance school support and spirit, or provide for the administration of student government or student body activities.

II.        Approval Procedures and Criteria

A.         Certain extracurricular school-sponsored clubs and activities are established and recognized as being school-sponsored and an extension of the Millard Education Program and they shall not be required to obtain approval, except for funding, when properly operating under this Rule. These established and recognized extracurricular school-sponsored clubs and activities include:

                  High School Level:

Art Club

Leo Club

Chemistry Club

Literary Magazine

Chess Club

Mascot Club

Computer Science Club

Math Club

Cycling Club

Modern Music Masters (Tri-M)

Digital Graphics Club

National Forensics League

Diversity Club

National Honor Society

Drama Club

Peer Mentors

Economics Club

Political Roundtable

Educators Rising

Robotics Club

Environmental/Ecology Club

Science Olympiad

eSports

SLAM Poetry Club

French Club

Spanish Club

Games Club

STEM Club

German Club

Unified Cheer

History Club

Unified Social Club

Interact Club (Rotary)

Unity Sports Club

International Thespian Society

Volunteers in Action

Key Club

Writers Club

Lacrosse Club

Yoga Club

Latin Club

 

                       Middle School Level:                     

Ambassador Club

Peer Tutors

Anime Club

Photography Club

Art Club

Play 60 Club

Book Club

Recycling Club

Bowling Club

Robotics Club

Bridge to Early College Club

Science Club

Broadcasting Club

Science Olympiad

Chess Club

Scrapbook Club

Circle of Friends

Self Defense Club

Computer Club

Soccer Club

Crafts Club

Speech Club

Dance Club

Spirit Club

Debate Club

Stock Market Club

Destination Imagination

Student Leadership Club

Diversity Club

Tennis Club

Drama Club

Unified Social Club

eSports

Unified Sports Club

FCS Club

Volunteer & Community Service Club

Forensics Club

Wellness Club

Games Club

Wits Clash / Knowledge Masters

Garden Club

World Language Club

Makerspace

Writers Club

Math Counts

Young Educators Rising

Music Club

Youth To Youth

 

                        Elementary School Level:

Archery Club

K Club (Kiwanis)

Art Club

Kindness Club

Book Club

Math Club

Chess Club

Pentathlon Club

Choir/Music Club

Photography Club

Community Service Club

Play 60 Club

Cooking/Nutrition Club

Police Athletics for Community Engagement (PACE)

Destination Imagination

Science Club

Drama Club

Science Olympiad

Drug Free Club

Scrapbooking Club

Environmental Club

Social & Emotional Learning (SEL) Club

eSports

Spanish Club

Fitness/Health Club

Sports Club

French Club

STEM/STEAM Club

Future Educators Club

Stock Market Club

Game Club

Student Leadership

Geography Club

Technology Club

German Club

Word Masters Club

Girls on the Run

Writer’s Club

History Club

Yearbook Club

 

B.              All other presently existing and all other suggested future extracurricular school-sponsored clubs and activities shall be required to seek and obtain approval in accordance with the following procedures and criteria.

1.         A suggestion form from the District Activities Committee shall be properly and fully completed by the school certificated staff member who suggests the formation of the extracurricular school-sponsored club or activity and who proposes and is qualified to serve as the certificated staff sponsor.  Such suggestion forms will be submitted by certificated staff employed by the District only.

 2.         Such suggestion forms shall be submitted to the school principal or designee.  All suggestion forms which are not properly and fully completed shall not be considered.

3.         The principal or designee shall review the suggestion form and such other information considered to be appropriate and make a written recommendation whether or not to form such a school-sponsored club or activity based on the criteria set forth hereinafter. If the suggestion is accepted by the building principal or designee, the suggestion form will be forwarded with a written recommendation to the District Activities Committee within forty (40) school days after receipt of the suggestion form.

4.         Within eighty (80) school days after receipt of the suggestion form and written recommendation, the District Activities Committee shall meet, review the suggestion form and recommendation of the principal or designee and such other information considered to be appropriate, and make a written decision to approve or deny the formation of such a school-sponsored club or activity based on the criteria set forth below. 

5.         When reviewing any suggestion to form a new extracurricular school-sponsored club or activity, the principal or designee and the District Activities Committee shall evaluate the following considerations and criteria.  Whether the suggested school-sponsored club or activity:

a.   Provides and promotes opportunities, activities, experiences, and/or programs which supplement the subject matter of specific courses, extend the skills taught in specific courses, or reinforce the instruction provided in specific courses.

b.   Provides and promotes opportunities, activities, experiences, and/or programs which involve career activities or career exploration.

c.   Provides and promotes opportunities, activities, experiences, and/or programs which involve career preparation and technical education, such as business education, career guidance and counseling, family and consumer sciences, industrial education, marketing education, health occupations education, or diversified occupations education.

d.   Recognizes and promotes academic achievement and excellence.

e.   Provides problem-solving skills or higher level thinking skills through club competition or club exercises.

f.    Provides hands-on experiences which extend the learning process beyond the classroom or provides opportunities to practice and apply the curriculum or skills taught in specific courses.

g.   Provides and promotes opportunities, activities, experiences, and/or programs which involve intramural athletic competition, team leadership and cooperation, sportsmanship, sports and recreation skills, physical development, or physical education.

h.   Provides and promotes opportunities, activities, experiences, and/or programs which enhance school support and spirit through organized cheering, support the school’s interscholastic athletics and activities programs, or build student morale, student spirit, or positive support for the school and the school’s interscholastic programs.

i.    Provides for the administration of student government or student body or class activities and programs.

j.    Provides for and promotes middle school level exploration of activities, socialization, or citizenship.

k.   Shows evidence of strong student interest and has potential for growth and longevity.

l.    Has adequate funding.  Funding should not be diverted from existing school-sponsored clubs or activities so as to create new ones.

m.  Has adequate facilities available.

n.   Has qualified and competent sponsors available, who are District certificated staff, or selected community volunteers, or paid volunteers.

o.   Duplicates the general purposes of an existing sponsored club or activity, an existing equal access student group, or existing activities or programs which are already available within the District or within the community.

p.   Is appropriate for the knowledge level, intellectual maturity, competence, and age of the students.

q.   Involves exposure to or risks of injury or harm.

r.    Can operate in compliance with federal and state laws and the policies and rules of the District.

s.    Is an appropriate addition to the number and nature of clubs or activities at a school.

6.         No extracurricular school-sponsored clubs or activities shall involve or promote the indoctrination or advocacy of partisan, political, ideological, or religious beliefs.

7.         No extracurricular school-sponsored clubs or activities shall be a secret fraternity or secret organization.

III.       Student Participation

A.        Participation of students in extracurricular school-sponsored clubs and activities is encouraged, and participation shall be open to and limited to all students who are currently enrolled in the sponsoring school on a voluntary basis as well as Exempt School Students and Nonpublic School Students pursuant to District Rules 6675.1 and 6680.1.  Extracurricular school-sponsored clubs and activities may establish academic or course enrollment qualifications for participation if such qualifications are necessarily related to the purposes of that extracurricular school-sponsored club or activity.

B.        Students will be limited in participating in activities of a non-school nature during school hours.  Prior to such participation, approval must be granted by the building administrator.

IV.       Governance

All extracurricular school-sponsored clubs and activities shall be under the exclusive governance and control of school personnel.  Such exclusive governance and control shall include, but shall not be limited to, the formation, naming, structure, operation, financing, and discontinuance of all extracurricular school-sponsored clubs and activities.  Extracurricular school-sponsored clubs and activities shall not have any separate or individual existence, status, rights, or authority.

V.        Sponsors

A.        Each extracurricular school-sponsored club and activity must have a sponsor who is a District certificated staff member, or selected community volunteer or paid sponsor, who is qualified by virtue of education, training, experience, or special interest to serve as the sponsor.  The principal or designee shall select the sponsor.  The District certificated staff member who submits a suggestion form may or may not be selected as the sponsor.

B.        Sponsors shall be required to: develop materials, activities, and a budget; promote membership and participation; communicate with the principal or designee, staff, students, and parents; schedule meeting dates and locations; plan meaningful experiences; supervise students during activities; evaluate and make recommendations; and submit a year-end report to the principal or designee.

C.        An assignment as a sponsor is an annual appointment.  One (1) activity stipend may be issued to a District certificated staff member for extracurricular school-sponsored clubs or activities, in accordance with budgeting procedures, that have between ten (10) and forty-five (45) active participants.  When unanticipated participation exceeds forty-five (45) active participants, an additional activity stipend may be issued for an additional sponsor for the current school year only upon approval by the Superintendent or designee.  Any such additional stipends will terminate at the end of the current school year. Under certain circumstances which sometimes exist with different types of extracurricular school-sponsored clubs or activities, the individual schools may be excluded from these number restrictions with the approval of the Superintendent or designee.  With the approval of the principal or designee, two (2) or more District certificated staff members may be allowed to split an activity stipend for an extracurricular school-sponsored club or activity.

VI.       Review and Revocation

A.        The principal or designee shall review the activities and purposes of extracurricular school-sponsored clubs and activities on a regular basis and the principal or designee may, on their own initiative or upon any complaint or request by students, certificated staff, or parents, recommend to the District Activities Committee that recognition of any extracurricular school-sponsored club or activity be revoked.  Recommendations for revocation shall be forwarded to and processed by the District Activities Committee in the manner provided above for applications.

B.        The District Activities Committee may on its own initiative, review and revoke the recognition of any extracurricular school-sponsored club or activity.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
March 4, 2002
May 5, 2008
May 6, 2013
September 8, 2015
July 11, 2022

6700.2: Interscholastic Athletics and Activities - Approval Procedures & Criteria

6700.2: Interscholastic Athletics and Activities - Approval Procedures & Criteria holly Fri, 07/19/2019 - 13:27

I. Interscholastic Athletics and Activities

Interscholastic athletics and activities programs shall be established for both sexes and all such programs shall be sanctioned by and be in compliance with the rules and regulations of the Nebraska School Activities Association, the National Federation of State High School Associations, and the policies and rules of the District.

II. Student Participation and Eligibility

A. In compliance with the rules established by the Nebraska School Activities Association, the principal or designee has the responsibility for determining the eligibility of students.

B. It shall be the responsibility of the coach to determine which candidates shall be members of the team.

C. Standards for participation, conduct, and personal appearances shall be established by the coaches and such standards shall be reasonable and consistent with the philosophy and goals established by the District. In the case of any dispute, the principal or designee shall be responsible for resolving the dispute.

D. All participating students shall meet the requirements, rules and regulations established by the Nebraska School Activities Association, the National Federation of State High School Associations, and the District.

III. Approval Procedures and Criteria for New Interscholastic Sports and Activities

A. All interscholastic sports and activities shall obtain approval for adoption by the District in accordance with the following procedures and criteria.

1. An Interscholastic Sports and Activities application form shall be completed by the school principal or designee and submitted to the District Activities Committee.

2. When reviewing the application for an interscholastic sport or activity, the District Activities Committee and the Board of Education shall evaluate the following considerations and criteria. Whether the interscholastic sport or activity:

a. Can be conducted in compliance with the rules and regulations of the Nebraska School Activities Association and the District.

b. Will meet a strong student interest which is not being met by the District or other community sports or activity programs.

c. Is appropriate for the knowledge level, intellectual maturity, competence, and age of the students.

d. Has potential for growth.

e. Will equalize the opportunities for girls and boys and meet the intent of Title IX.

f. Provides adequate opportunity for participation and competition.

g. Duplicates the general purposes of an existing interscholastic sport or activity offered by the District or other community sports or activities offerings.

h. Given the number and nature of interscholastic sports and activities in the District and community, it is appropriate to add the interscholastic sport or activity.

i. The season in which the interscholastic sport or activity would be held allows for adequate participation and competition, given the weather and geographical conditions.

j. Adequate facilities are available for the interscholastic sports or adding a newly sanctioned interscholastic sport or activity should not overburden existing facilities.

k. Adequate funding is available for the newly sanctioned interscholastic sport or activity. Funding should not be diverted from existing interscholastic sports or activities to create new ones. All funding requirements, including start up and annual operation costs, must be considered.

l. Qualified and competent coaches and staff are available.

IV. Coaches

A. All interscholastic sports and activities must have a coach or sponsor who is a District certificated staff member or selected community member who meets District and Nebraska School Activities Association requirements. 

B. An assignment as a coach or sponsor of interscholastic sports and activities is an annual appointment. One (1) activity stipend may be issued to a District certificated staff member or selected community member who meets District and Nebraska School Activities Association requirements for interscholastic sports and activities, in accordance with budgeting procedures. When unanticipated participation occurs, as determined by the Superintendent or designee upon request from a school, an additional interscholastic activity stipend per season may be issued for an additional coach or sponsor for only the current school year upon approval by the Superintendent or designee. The funds used for this additional interscholastic activity stipend must come from budgets already allotted to the school by the District and cannot come from other funds or resources of the school. Any such additional stipends will terminate at the end of the current school year. With the approval of the principal or designee, two (2) or more District certificated staff members may be allowed to split an activity stipend for an interscholastic athletic program or extracurricular activity.

V. Review and Discontinuance

A. The District Activities Committee shall regularly review the interscholastic sports and activities and the District Activities Committee may recommend to the Superintendent that any interscholastic sport or activity be discontinued. Recommendations for discontinuance shall be forwarded to and processed by the Board of Education in the manner provided above for interscholastic sports or activities.

B. The Board of Education may on its own initiative, review and discontinue any interscholastic sport or activity.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
March 4, 2002
May 6, 2013
September 8, 2015
July 11, 2022
Reaffirmed
May 19, 2008

6700.3: Extracurricular School-Sponsored Clubs & Activities, and Interscholastic Athletics & Activities – Administration

6700.3: Extracurricular School-Sponsored Clubs & Activities, and Interscholastic Athletics & Activities – Administration holly Fri, 07/19/2019 - 13:29

I. The goal for each student participating in extracurricular activities shall be a balanced program of appropriate academic studies and extracurricular school-sponsored clubs and activities and interscholastic athletics and activities, to be determined by the school, the parents, and the students. This should be a shared responsibility.

II. Guidance is necessary to encourage the non-participating students to consider extracurricular school- sponsored clubs and activities and interscholastic athletics and activities, and to prevent the over-enthusiastic students from over-emphasizing clubs, activities, and athletics at the cost of their academic performance.

III. Activities which are for public view are to be kept to the minimum necessary for their educational value. Public performances of the activities are to be supervised in order to prevent excessive time and effort expenditures by students. Public performances may not be held for purposes which contribute to private gain or advantage.

IV. District-wide events shall be approved by the Superintendent or designee.

V. School events should not be scheduled after 5:00 p.m. and should conclude by 6:30 p.m. on Wednesday evenings. Exceptions shall be permitted for district and/or state contest dates determined by the NSAA as well as contest dates determined by the Metro Conference for its tournament schedules.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
March 4, 2002
June 16, 2008
September 8, 2015
Reaffirmed
July 11, 2022

6700.4: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics and Activities – School Social Events

6700.4: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics and Activities – School Social Events holly Fri, 07/19/2019 - 13:31

I. Attendance at all school social events will be restricted to members of the student body, the class or club concerned, and their guests. Parents are always welcome at school functions.

II. All school social events shall be properly chaperoned at the direction and approval of the building principal or designee.

III. Permission to have school social events shall be obtained from the building principal or designee and placed on the calendar. The principal or designee shall require the group and their sponsor to work out all details for preparation and clean-up of the event.

IV. All school social events held on school nights should end by 11:00 p.m. unless changed by the principal or designee.

V. The building principal or designee shall determine the number of school social events to be held each year.

Date of Adoption
December 1, 1975
Date of Revision
October 2, 2000
January 7, 2002
March 4, 2002
September 8, 2015
July 11, 2022
Date of Last Review
December 2, 1996
Reaffirmed
May 19, 2008

6700.5: Extracurricular School-Sponsored Clubs and Activities & Interscholastic Athletics and Activities – Intramural Athletics

6700.5: Extracurricular School-Sponsored Clubs and Activities & Interscholastic Athletics and Activities – Intramural Athletics holly Fri, 07/19/2019 - 13:41

I. The building principal or designee shall be responsible for the building’s intramural athletic program which shall be a balanced intramural athletic program for both sexes and with appropriate intramural athletics for appropriate levels.

II. The building principal or designee shall see that the intramural athletic program is properly organized and supervised, including the supervision of both participants and spectators.

III. Care shall be taken that intramural athletics are conducted primarily for the benefit of participants.

IV. The focus of the intramural athletic program shall be on participation.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
March 4, 2002
September 8, 2015
Reaffirmed
May 19, 2008
July 11, 2022

6700.6: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics & Activities - Travel & Trips

6700.6: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics & Activities - Travel & Trips holly Fri, 07/19/2019 - 13:44

Extracurricular school-sponsored clubs and activities, and interscholastic athletics and activities involving the transportation of participants or spectators in school-sponsored vehicles shall be subject to the following guidelines:

I. All trips shall originate and terminate at the school.

II. All school rules and the District’s Standards for Student Conduct shall be in effect.

III. Written approval of the student’s parent or guardian must be secured prior to departure.

IV. A trip permit may be signed by a student’s parent or guardian and placed on file with the principal or designee for the school year.

V. The principal or designee will arrange transportation for District interscholastic and extracurricular activities and athletics participants. Trips that are scheduled for a length of time beyond sixteen (16) hours, or which may require student involvement or transportation beyond 12:00 a.m., or which require overnight accommodations, shall not be approved unless the mode of transportation has a properly permitted or licensed driver who complies with the hourly driving limitations of Title 92, Nebraska Administrative Code, Chapter 91-004.07G. Certificated staff who are operating the transportation provided for interscholastic or extracurricular activities or athletics shall also comply with the hourly driving limitations of Title 92, Nebraska Administrative Code, Chapter 91-004.07G.

A. The coach or sponsor and principal or designee will ensure that the hourly driving limitations of Title 92, Nebraska Administrative Code, Chapter 91-004.07G are communicated to the provider of transportation prior to the start of the trip.

B. The coach or sponsor will ensure that the provider of transportation provides a written plan to the principal or designee prior to the start of the trip that adheres to the hourly driving limitations of Title 92, Nebraska Administrative Code, Chapter 91-004. 07G.

C. The time of departure for the trip shall be no earlier than 5:00 a.m. on the starting day of the trip. Exceptions to this time of departure must have the prior approval of the Executive Director of Activities, Athletics, and External Affairs.

D. When the anticipated time of departure for the trip is earlier than 6:00 a.m. on the day of the event, the trip shall be subject to the following guidelines:

1. The time of departure must have the prior approval of the Executive Director of Activities, Athletics, and External Affairs, or

2. The coach or sponsor must arrange for the overnight accommodations of the students, drivers, chaperones, and coaches or sponsors involved on the trip for the night prior to the event, and

3. The overnight accommodations must be reserved prior to the start of the trip and will follow the overnight travel and trip guidelines.

E. The time of arrival on the return date of the trip shall be no later than 12:00 a.m. on the day of the event. When the anticipated time of arrival on the return date of the trip is later than 12:00 a.m., that time must have the prior approval of the Executive Director of  Activities, Athletics, and External Affairs

F. When the anticipated time of arrival for the trip is later than 12:00 a.m. on the day of the event, the trip shall be subject to the following guidelines:

1. The coach or sponsor will arrange for the overnight accommodations of the students, drivers, chaperones, and coaches or sponsors involved on the trip for the concluding night of the event. Those involved on the trip will return to the school on the next day, and

2. The overnight accommodations must be reserved prior to the start of the trip, and

3. The coach or sponsor will follow the overnight travel and trip policies and rules, or

4. Upon the arrival to the school the students involved on the trip shall leave the school by means other than walking. A certificated staff member of the school will remain in a designated area at the school with the students involved on the trip until all of those students have left the school.

a. The designated area at the school is subject to approval by the principal or designee.

b. The designated area at the school will be communicated to the parents/guardians of the students involved on the trip prior to the trip.

c. Students on the trip are to remain in the designated area of the school until they are released by the certificated staff member.

d. The name(s) of any person(s) other than the parents/guardians of the students involved on the trip who will retrieve the student(s) after arrival to the school must be provided to the coaches or sponsors prior to the trip.

e. The person(s) retrieving the students at the conclusion of the trip must come to the designated area at the school for the trip to retrieve the students.

g. Any exceptions to these guidelines must have the prior approval of the Executive Director of Activities, Athletics, and External Affairs.

VI. The coach or sponsor, in consultation with the principal or designee, may give a student permission to use alternate transportation.

Date of Adoption
June 16, 1975
Date of Revision
August 23, 1999
March 4, 2002
May 3, 2004
May 1, 2006
October 1, 2007
May 5, 2008
September 8, 2015
July 11, 2022

6700.7: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics & Activities - Travel & Trips - Overnight Travel and Trips Guidelines - Middle Schools

6700.7: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics & Activities - Travel & Trips - Overnight Travel and Trips Guidelines - Middle Schools holly Fri, 07/19/2019 - 13:46

I. All school rules apply in addition to the District’s Standards for Student Conduct.

II. Every effort should be made to use teacher or parent chaperones. Volunteer chaperones must be screened according to the volunteer approval process pursuant to District Rule 6910.1. For volunteers, there should be at least a one- month lead time to allow for background checks.

III. At least one (1) certificated employee of the District shall accompany any student group during an overnight event of that student group.

IV. Certificated employees are on duty during the entire time of the travel and trip.

V. The head coach or sponsor will provide the travel and trip plan to the principal or designee within the deadline established by the principal or designee.

VI. Students will be under supervision of adults at all times.

VII. The sleeping quarters shall be gender specific.

VIII. Volunteer chaperones will report any behavior problems immediately to the certificated staff member(s).

IX. Prior to departure, certificated staff members will discuss the specific chaperone responsibilities with the volunteer chaperones and provide written guidelines.

X. In addition to the head coach or sponsor, a minimum of one (1) additional gender specific chaperone is required for every 25 students. Based upon the location of the trip, the number of the chaperones may be increased.

 Number of Male Students  Number of Chaperones in Addition to the Certificated Staff Member Number of Female Students  Number of Chaperones in Addition to the Certificated Staff Member   
    0-25      1       0-25     
26-50   2 26-50 
51-75  3 51-75 
76-100   4 76-100 


XI. Consideration of student gender should be made when selecting chaperones.

XII. Emergency contact information for each student will be accessible while on the trip.

XIII. Emergency contact information for the coach or sponsor will be provided to parents.

XIV. In the event of a student's illness or injury a parent will be contacted immediately so a plan about the student’s welfare can be determined. A designated building principal will be on call 24 hours a day during the full length of the trip and will be made aware of any medical or discipline situation.

XV. In the event of serious illness or injury 911 will be called and the parent notified of the situation and hospital location as soon as reasonably possible. To the extent that adequate staff if available, a staff member may accompany the student(s) to the hospital. A Building principal will be made aware of the situation.

XVI. A school/program administrator may attend any overnight trip where there is travel over 100 miles.

Date of Adoption
January 16, 2006
Date of Revision
May 5, 2008
September 8, 2015
October 16, 2017
July 11, 2022

6700.8: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics & Activities - Travel & Trips - Overnight Travel and Trips Guidelines - High Schools

6700.8: Extracurricular School-Sponsored Clubs and Activities, & Interscholastic Athletics & Activities - Travel & Trips - Overnight Travel and Trips Guidelines - High Schools holly Fri, 07/19/2019 - 13:48

I. All school rules apply in addition to the District’s Standards for Student Conduct.

II. Every effort should be made to use teacher or parent chaperones. Volunteer chaperones must be screened according to the volunteer approval process pursuant to District Rule 6910.1. For volunteers, there should be at least a one-month lead time to allow for background checks.

III. At least one (1) certificated employee of the District shall accompany any student group during an overnight event of that student group.

IV. Certificated employees are on duty during the entire time of the travel and trip.

V. The head coach or sponsor will provide the travel and trip plan to the principal or designee within the deadline established by the principal or designee.

VI. Students will be under supervision of adults.

VII. The sleeping quarters shall be gender specific.

VIII. Volunteer chaperones will report any behavior problems immediately to the certificated staff member(s).

IX. Prior to departure, certificated staff members will discuss the specific chaperone responsibilities with the volunteer chaperones and provide written guidelines.

X. Consideration of student gender should be made when selecting chaperones.

XI. Emergency contact information for each student will be accessible while on the trip.

XII. Emergency contact information for the coach or sponsor will be provided to parents.

XIII. In the event of a student's illness or injury, a parent will be contacted immediately so a plan about the child’s welfare can be determined. A designated principal will be on call 24 hours a day during the full length of the trip and will be made aware of any medical or discipline situation. 

XIV. In the event of serious illness or injury 911 will be called and the parent notified of the situation and hospital location as soon as reasonably possible. To the extent that adequate staff is available, a staff member may accompany the student(s) to the hospital. A principal will be made aware of the situation.

Date of Adoption
January 16, 2006
Date of Revision
May 5, 2008
September 8, 2015
October 16, 2017
July 11, 2022

6750: Student Fees

6750: Student Fees holly Fri, 07/19/2019 - 13:51

The District may require and collect fees or other funds from or on behalf of students or require students to furnish or provide materials, supplies, equipment, or attire consistent with the Public Elementary and Secondary Student Fee Authorization Act.

The Superintendent (or designee) shall promulgate the rules and/or procedures necessary for implementation of this policy. For purposes of Neb. Rev. Stat. § 79-2,133 and § 79-2,134, such rules and/or procedures, when adopted or approved, shall be incorporated in their entirety into this policy by this reference.

Annually, the school board shall hold a public hearing at a regular or special meeting of the Board on a proposed student fee policy, following a review of the amount of money collected from students pursuant to, and the use of waivers provided in, the student fee policy for the prior school year. The student fee policy shall be adopted by a majority vote of the school board and shall be published in the student handbook. The Board shall provide a copy of the student handbook to every student at no cost to the student.

Date of Adoption
July 15, 2002
Date of Revision
April 23, 2007
Reaffirmed
May 17, 2004
June 6, 2005
April 17, 2006
April 21, 2008
April 13, 2009
February 15, 2010
May 1, 2017
May 4, 2020
May 3, 2021
May 2, 2022
May 1, 2023

6750.1: Student Fees

6750.1: Student Fees holly Fri, 07/19/2019 - 13:53

Pursuant to Policy 6750 and Neb. Rev. Stat. §79-2,135 et seq., the District may, and hereby does, require and collect fees or other funds from or on behalf of District students or require District students to furnish or provide, supplies, equipment, or attire as provided for herein below. 

I. Elementary School Fees: 

A. Extracurricular Activities* 

1. All Clubs: Students pay a fee of up to $30 (but not to exceed actual cost of conducting the club activities) for membership and activities in each club. 

2. All Clubs: Students pay a fee of up to $15 (but not to exceed actual cost) for screen-printed club t-shirt. 

3. School will not fund competition beyond the state level. 

4. Choir: Students pay a fee of up to $15 (but not to exceed actual cost) for screen-printed choir t-shirt. 

B. Special Transportation 

1. §79-241 (option enrollment students): n/a 

2. §79-605 (tuition students): n/a 

3. §79-611 (students within 4 miles and open enrollment students): n/a 

C.Copies of Files/Records 

1. Students pay 10 cents per page. 

D. Lost/Damaged Property 

1. Students pay for repair or replacement cost of property. 

E. Before/After School 

1. Mini-Classes: Students pay up to $60 per class, including materials (6-8 sessions, but not to exceed actual cost). 

F. Summer/Night School* 

1. District Summer School: Students pay up to $155 (for no more than up to 3 instructional hours per day for 12 days in June). 

2. Building Level Summer School: Students pay up to $4 per hour, including materials. 

G. Breakfast/Lunch Programs* 

1. Students pay for breakfast (i.e., current cost of breakfast $1.60). 

2. Students pay for lunch (i.e., current cost of lunch $3.15). 

3. Students pay for dinner (i.e., current cost of dinner $3.35) 

H. Non-Specialized Attire 

1. PE: Students provide tennis shoes. 

2. Art: Students provide a paint shirt. 

I.  Musical Instruments (Optional Courses, Non-Extracurricular) * 

1. Band & Strings: Students provide their own instruments. 

*The requirements marked with an asterisk (*) may be waived for students who qualify for free or reduced-price lunches. 

II. Middle School Fees: 

A. Extracurricular Activities* 

1. Montessori Immersion Experiences: Students pay up to a total of $600 (but not to exceed actual cost) for up to four trips. 

2. School will not fund competition beyond the state level. 

3. Outdoor Education: Students pay up to $50. 

4. All Clubs: Students pay $0 to $140 (not to exceed the cost of conducting club activities) for membership and activities in each club. 

5. Athletics: Students pay a $50 participation fee for football. Students pay a $40 participation fee for 
interscholastic sports. Students pay a $25 participation fee for each intramural sport. 

6. All Sports: Students provide elastic waist shorts, t-shirt, socks, shoes and cold weather attire as needed. 

7. Football: Students provide appropriate athletic shoes. 

8. Volleyball: Students provide appropriate athletic shoes for use indoors only. 

9. Basketball: Students provide appropriate athletic shoes for use indoors only. 

10. Wrestling: Students provide appropriate athletic shoes for use indoors only. 

11. Track: Students provide appropriate athletic shoes. 

12. Other Requirements: Students who participate in athletics and/or the Cross Country Club are required to have a sports physical (except for intramural basketball/volleyball) and must be covered by health insurance. Health insurance is available through private carriers, or, for those who qualify, the State of Nebraska. 

B. Spectator Admission / Transportation 

1. Students pay an admission fee to activities, not to exceed $10 per person per event. The site administrator shall determine the admission charges to each “home” middle school event. 

C. Special Transportation 

1. §79-241 (option enrollment students): n/a 

2. §79-605 (tuition students): n/a 

3. §79-611 (students within 4 miles and open enrollment students): Transportation for students whose residences are two miles or more from school is provided through Student Transportation of America at $1.50 per trip (with the balance of the cost paid by the District). 

D. Copies of Files/Records 

1. Students pay 10 cents per page. 

E. Before/After School 

1. Mini-Classes: Students pay up to $40 per class, including materials (6-8 sessions, but not to exceed actual cost). 

F. Lost/Damaged Property 

1. Students pay for repair or replacement of property. 

G. Summer/Night School* 

1. District Summer School: Students pay up to $175 (for no more than 3 instructional hours per day for 12 days – one course); $400 (for no more than 6 instructional hours per day for 12 days – one course); $134 for mini- 
courses (no more than 3 instructional hours per day for 4 days for each mini-course.) 

2. Middle School After-School Program: Students pay up to $30 (for up to one hour per day for one week); up to $60 (for 2 to 3 hours per day for one week). 

3. Summer Opportunities instruction for students – no more than &150 (per opportunity per student). 

4. Transition Programs: $10. 

H. Breakfast/Lunch Programs* 

1. Students pay for breakfast (i.e., current cost of breakfast $1.80). 

2. Students pay for lunch (i.e., current cost of lunch $ 3.35). A la carte selections vary in price. 

3. Students pay for dinner (i.e., current cost of dinner $3.35) 

I. Non-Specialized Attire 

1. PE: Students provide athletic shoes, elastic waist shorts, t-shirt, and cold weather attire as needed. 

J. Musical Instruments (Optional, Non-Extracurricular) * 

1. Band & Strings: Students provide their own instruments. 

K. Music Items (Extracurricular)* 

1. Show Choir, Chamber Orchestra, & Jazz Band: Students provide their own instruments and attire. Required performance attire will not exceed a cost of $140. 

L. Skilled and Technical Sciences course (Elective) *


1. Grade 6: Students choose 6 modules to complete the course. Students pay for select modules that require
specialized materials not to exceed $5.00 each. Free modules are available.


2. Grades 7 and 8: Students choose 3 modules to complete the course. Students pay for select modules that require
specialized materials not to exceed $12.00 each. Free modules are available.


* The requirements marked with an asterisk (*) may be waived for students who qualify for free or reduced-price lunches

III. High School Fees 

A. Extracurricular Activities* 

1. All Clubs: Students pay up to $800 (not to exceed the cost of conducting club activities) for membership and activities in each club. 

2. All Activities: Students pay a $65 fee for participation in athletics and activities governed by the Nebraska School Activities Association (fee includes an Athletic Admission Ticket for “home” school events). (Journalism, Concert Choir, and Orchestra are excluded.) 

3. Curriculum Related Activities (i.e., Marching Band, DECA, SkillsUSA, HOSA, FCCLA, Debate, Forensics, and FCS): 

The District does not fund competitive activities for students beyond the state level. After approval from principal or designee, fundraising and/or donations must cover the cost of competition beyond the state level. 

4. Graduation Materials: Students purchase selected cap and gown. 

5. Drama Club: Students pay $25 for supplies, materials, and services. 

6. Athletics, Cheerleading and Dance: Students are required to have a physical and must be covered by health insurance to participate. (Health insurance is available through private carriers, or, for those who qualify, the State of Nebraska.) 

7. All Athletics: Students provide elastic waist shorts, t-shirt, socks, shoes, towels and cold weather attire as needed. 

8. Football: Students provide appropriate athletic shoes and practice jersey. 

9. Volleyball: Students provide appropriate athletic shoes and knee pads for use indoors only. 

10. Basketball: Students provide appropriate athletic shoes for use indoors only and practice jersey. 

11. Cross Country: Students provide appropriate athletic shoes. 

12. Tennis: Students provide tennis racquet and appropriate athletic shoes and pay indoor court fees up to $30 per season. 

13. Golf: Students provide golf clubs, golf bag, golf balls, and appropriate athletic shoes and pay range or green fees up to $30 per season. 

14. Softball: Students provide softball glove, bat appropriate athletic shoes, and colored socks. 

15. Baseball: Students provide baseball glove, bat, appropriate athletic shoes, and colored socks and pay indoor facilities fees up to $30 per season. 

16. Soccer: Students provide shin guards, appropriate athletic shoes, and colored socks and pay indoor facilities fees up to $30 per season. 

17. Wrestling: Students provide appropriate athletic shoes for use indoors only. 

18. Swimming: Students provide swimsuits, towels, goggles and fins. 

19. Track: Students provide appropriate athletic shoes. 

20. Dance Team/Cheerleading/Show Choir: Students purchase selected uniforms and pay fees to a summer camp 

21. Intramurals: Students pay intramural fees, not to exceed $25 (per intramural activity, per person), for intramural participation. The site administrator shall determine the fee for each intramural activity. 

22. Unified Sports: Students provide appropriate athletic shoes.

23. Bowling: Students will provide a bowling ball, bowling shoes, and pay for bowling alley fees up to $30 per season.

B. Spectator Admission / Transportation 

1. Students pay admission fees, not to exceed $30 (per event, per person), to school activities. The site administrator shall determine the admission charges to each “home” high school event. 

2. Athletic Admission Ticket: Students pay $40 for admission to all “home” high school athletic events (non- tournament competitions). 

C. Post-Secondary Education 

1. Post-Secondary Education costs: Students pay the cost of tuition and other fees only associated with obtaining credits from a post-secondary educational institution if the student chooses to apply for post-secondary education credit (i.e., $38 per credit for courses that require a Metropolitan Community college (MCC) instructor, $50 per Early College course through MCC. $250 per course at University of Nebraska –Omaha (UNO). University of Nebraska High School $200 per five credit course and $50 administrative fee per course (online classes). 

2. Advanced Placement Exams Fees: Students may pay the cost of each exam (i.e., currently $97 per exam) pending other available resources. AP Seminar and AP Research are $145 per exam.

3. International Baccalaureate Exams Fees: Students may pay for the cost of exams (i.e., currently approximately $850 for two years of testing). Students pay IB Registration Fees (currently $160) pending other available resources.

4. Health Science Academy: Students provide specialized attire as required for Certified Nursing Assistant and Emergency Medical Responder courses. 

D. Special Transportation 

1. §79-241 (option enrollment students): n/a 

2. §79-605 (tuition students): n/a 

3. §79-611 (students within 4 miles and open enrollment students): n/a 

E. Copies of Files/Records 

1. Transcript fee: Students pay $5. 

2. Other Requests: Students pay 10 cents per page 

F. Lost/Damaged Property 

1. Students pay for cost of repair or replacement of property. 

G. Before/After School 

1. Mini-Classes: Students pay up to $40 per class, including materials (6-8 sessions, but not to exceed actual cost). 

H. Summer/Night School* 

1. District Summer School: Students pay up to $175 (for 3 instructional hours per day for 24 days, 1 one-semester course); $350 (for 6 instructional hours per day for 24 days, 2 one-semester courses); $140 (for up to3 instructional hours per day for 14 days, noncredit or special program course); $1 55 (for up to 3 instructional hours per day for 15 days, noncredit step-up to high school course). 

2. Summer Opportunities instruction for students - no more than $40 (per opportunity per student). 

3. Night School: Students may pay up to $170 for 5 credit semester offering for credit recovery courses only. 

I. Breakfast/Lunch Programs* 

1. Students pay for breakfast (i.e., current cost of breakfast $2.05). 

2. Students pay for lunch (i.e., current cost of lunch $ 3.55). A la carte selections vary in price. 

3. Students pay for dinner (i.e., current cost of dinner $3.35) 

J. Parking Permit 

1. Students wishing to park in school lots during the school day must obtain a parking permit for $40. 

2. Students who accrue parking lot violations during the school day may be charged up to $10 per violation. 

K. Non-Specialized Attire 

1. PE: Students provide athletic shoes, socks, swimsuit, towel, elastic-waist shorts, t-shirt, and cold weather attire as needed. 

2. Lifeguarding: Students provide a CPR mouth guard. 

L. Musical Instruments (Optional, Non-Extracurricular) * 

1. Band and Strings: Students provide their own instruments including drum sticks and mallets for percussion. 

M. Music Items (Extracurricular)* 

1. Pep Band: Students provide a colored polo shirt (general description by band instructor). 

2. Band: Students may provide black or white leather shoes as generally described by band instructor. 

N. Air Force Junior Reserve Officer Training 

1. Students will purchase additions to their uniform (cords, ribbon holder, ribbons) not to exceed $40.00 per year. 

2. Students will pay a uniform cleaning fee not to exceed $160 a year. 

O. Skilled and Technical Sciences course (Elective)


1. There is no charge for participation and construction of student projects. A project fee is required if students choose to take their projects home. Because Millard Public Schools purchases all materials, all projects belong to Millard Public Schools until a project fee has been received. The project fee will vary due to the size, complexity, and materials used to build the project.

* The requirements marked with an asterisk (*) may be waived for students who qualify for free or reduced-price lunches 

IV. Student Fee Fund: 

A. The District shall establish a Student Fee Fund, which shall be a separate fund not funded by tax revenue. 

B. All money collected from students pursuant to §79-2,127(1) (related to extracurricular activities), §79-2,127(3) (related to post-secondary education costs), and §79-2,127(8) (related to summer school and night school) shall be deposited into the Student Fee Fund. Money expended from such fund shall be for the purposes for which it was collected from students. 

* The requirements marked with an asterisk (*) may be waived for students who qualify for free or reduced-price lunches. 

V. Waiver pf Fees and/or Requirements: 

A. Students who qualify for free or reduced-price lunches under the USDA child nutrition programs may have fees and requirements waived for the following: 

1. §79-2,133 Related to participation in extracurricular activities. 
 

2. §79-2,131 Related to optional music courses and extracurricular music activities. 

B. Participating in a free or reduced-price lunch program shall not be required for students to qualify for a waiver of fees and/or requirements.     

C. Any qualified student desiring a waiver of fees and/or requirements shall complete and submit a Request for Waiver of Fees and/or Requirements form to the building principal (or his/her designee). Once the Request is processed, the principal (or his/her designee) shall inform the student as to whether the Request was approved or denied.

Date of Adoption
July 15, 2002
Date of Revision
April 21, 2003
July 21, 2003
May 17, 2004
June 6, 2005
April 17, 2006
April 23, 2007
April 21, 2008
April 13, 2009
November 2, 2009
February 15, 2010
April 5, 2010
September 7, 2010
March 21, 2011
July 11, 2011
May 7, 2012
May 20, 2013
July 1, 2013
May 5, 2014
May 4, 2015
May 2, 2016
May 1, 2017
May 7, 2018
May 6, 2019
May 4, 2020
May 3, 2021
May 2, 2022
May 1, 2023

6800: Parental Access

6800: Parental Access holly Mon, 07/22/2019 - 08:17

It is the policy of the Millard School District to inform parents of the educational practices affecting their children, and to foster and facilitate parental involvement in educational practices affecting their children. 

This Policy shall be reviewed annually and either altered and adopted as altered, or reaffirmed by the Board, following a public hearing. 

Date of Adoption
June 19, 1995
Date of Revision
April 27, 1998
September 13, 1999
Reaffirmed
July 1, 1996
July 7, 1997
August 7, 2000
June 17, 2002
July 7, 2003
May 17, 2004
June 6, 2005
June 5, 2006
June 4, 2007
June 1, 2009
June 7, 2010
June 6, 2011
June 4, 2012
June 3, 2013
May 19, 2014
May 18, 2015
May 2, 2016
May 1, 2017
May 7, 2018
May 6, 2019
May 4, 2020
May 3, 2021
May 2, 2022
May 1, 2023

6800.1: Parental Access

6800.1: Parental Access holly Mon, 07/22/2019 - 09:42

I. Access to Educational Practices. Parents will be afforded the following access to the District's educational practices as required by law: 

A. Textbooks, tests, and curriculum materials: Parents may obtain access to textbooks, tests, and other curriculum materials used by the District by making a request to the Associate Superintendent of Educational Services or said Associate Superintendent's designee. Such request shall be reasonably specific in order that the District may comply with the request. 

1. Courses, assemblies, and other instructional activities: Parents may request to attend courses, assemblies, and other instructional activities by contacting the school principal or principal's designee reasonably in advance of the course, assembly, or instructional activity the parent desires to attend. The District will comply with such request if the request: 

a. Does not materially interfere with the educational process; and/or 

b. Is not contrary to the best interests of the student. 

If the parent's request is denied or qualified, the District will so notify the requesting parent, and will provide an explanation of the grounds for the denial or qualification. 

If the parents dispute the denial or qualification, the parents may submit a written request for review to the District's Associate Superintendent for Educational Services. Upon receipt of a written request for review, the Associate Superintendent for Educational Services will review all relevant documents and undertake such investigation as he/she determines to be appropriate. Thereafter, the Associate Superintendent for Educational Services will render a written disposition of the matter within ten (10) school days of his/her receipt of the written request for review. 

2. Counseling sessions: Parents may request to attend counseling sessions by submitting a written request to the Director of Student Services or said director's designee reasonably in advance of the counseling session the parent desires to attend. The District will comply with such request if the request: 

a. Does not materially interfere with the educational process; and/or 

b. Is not contrary to the best interests of the student. 

If the parent's request is denied or qualified, the District will so notify the requesting parent, and will provide an explanation of the grounds for the denial or qualification. 

If the parents dispute the denial or qualification, the parents may submit a written request for review to the District's Associate Superintendent for Human Resources. Upon receipt of a written request for review, the Associate Superintendent for Human Resources will review all relevant documents and undertake such investigation as he/she determines to be appropriate. Thereafter, the Associate Superintendent for will render a written disposition of the matter within ten (10) school days of his/her receipt of the written request for review. 

B. Access to records: The District will permit access to student records pursuant to applicable law, District Policy 5710, and Rule 5710.1. Non-custodial parents will be permitted access to student records pursuant to applicable law, District Policy 5730, and Rule 5730.1. 

C. District testing policy: The District's administration and use of tests will be in accordance with established and recognized testing procedures for tests of scholastic, academic, and intellectual development and status. Testing pursuant to statutory requirements will be in compliance with recognized testing procedures and reasonable objectives. Drug, alcohol, and tobacco testing will be in compliance with District Policy and Rule. 

D. Surveys: 

1. District participation in surveys. The District will conduct all surveys of students required by law. The District will also participate in surveys of students conducted for educational purposes or which are reasonably related to the same. 

2. Protections of personal information and student privacy. No surveys shall be conducted which require the disclosure of personally identifiable information unless the survey is required by law, District Policy, or Board authorization. Survey results shall not disclose personally identifiable information unless such disclosure is required by law, District Policy, or Board authorization. 

3. Notification and consent. No student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning political affiliations or beliefs of the student or the student's parent; mental or psychological problems of the student or the student's family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; religious practices, affiliations, or beliefs of the student or student's parent; income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program); or which originates outside the District, without the prior written consent of the parent or without the prior consent of the student if the student is an adult or an emancipated minor. The District shall provide for reasonable notice of the adoption on continued use of this Rule directly to the parents of students enrolled in the District at least annually at the beginning of the school year and within a reasonable time after any substantive change in this Rule. The District shall directly notify the parents of students at least annually at the beginning of the school year, of the specific or approximate dates during the school year when such surveys are scheduled or expected to be scheduled. 

4. Right to inspect surveys and to opt out. The parents of district students have the right to inspect any survey before the survey is administered or distributed, including all instructional materials, teacher's manuals, films, tapes, and other supplementary materials which will be used in connection with any such survey. A parent shall be provided reasonable access to a survey within a reasonable period of time after a request to inspect is received. Parents, adult students, and emancipated students, may opt out of participation in any such survey by not providing the required prior consent or by revoking any previously provided consent. 

5. Personal information for marketing or sale. The District does not collect, disclose, or use personal information collected from students for the purpose of marketing or for selling that information or otherwise providing that information to others for that purpose. The District may engage in the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to: 

a. Students; 

b. Educational institutions such as college or other post-secondary education recruitment, book clubs, magazines, and programs providing access to low-cost literary products; 

c. Curriculum and instructional materials used by elementary and secondary schools. 

d. Tests and assessments; 

e. The sale by students of products or services to raise funds for school-related or education-related activities, or student recognition programs. 

II. Annual Review. This Rule shall be reviewed annually and either altered and adopted as altered, or reaffirmed by the Board, following a public hearing.

 

Cross References:

Rule 1310.2 (II) Complaints: Instructional Materials

 

Rule 5720.1 Records Retention and Disposition

 

Policy 5730 Parents' Access to School Records and School Contact

 

Rule 5730.1 Non-Custodial Parents' Access to School Records and School Contact

 

Policy 5710 Access to Student Records

 

Rule 5710.1 Student Records

 

Rule 5740.1 Visits to the Schools - Visitations by Parents, Guardians, and Others

 

Policy 6700 Extracurricular School Sponsored Clubs and Activities and Interscholastic Athletics and Activities (NSAA)

 

Rule 5530.1 Recognition of Religious Beliefs and Customs and Exclusion from Participation

 

Rule 6810.2 Curriculum Request for Exclusion

 

Policy 6810 Public Access to School Materials and Documents

 

Rule 6810.1 Public Access to School Materials and Documents

 

Policy 6900 Research: Testing

 

Rule 6900.1 Research: Testing

Date of Adoption
June 19, 1995
Date of Revision
April 27, 1998
September 13, 1999
July 7, 2003
May 17, 2004
June 6, 2006
Reaffirmed
July 1, 1996
July 7, 1997
August 7, 2000
July 16, 2001
June 17, 2002
June 6, 2005
June 4, 2007
June 2, 2008
June 1, 2009
June 7, 2010
June 6, 2011
June 4, 2012
June 3, 2013
May 19, 2014
May 18, 2015
May 2, 2016
May 1, 2017
May 7, 2018
May 6, 2019
May 4, 2020
May 3, 2021
May 2, 2022
May 1, 2023

6810: Public Access to School Materials and Documents

6810: Public Access to School Materials and Documents holly Mon, 07/22/2019 - 10:00

The District shall make available, upon request, books, manuals, visual aids, teaching materials, reference materials and other documents utilized in the preparation and administration of the District’s curricula and educational programs. Such materials will be made available under procedures which will provide full access to the materials requested but not interfere or conflict with the continuity, efficiency or effectiveness of the District’s educational programs or mission.

Date of Adoption
March 7, 1994
Date of Revision
September 13, 1999
Reaffirmed
April 13, 1998
November 6, 2006
November 5, 2012
February 4, 2019

6810.1: Public Access to School Materials and Documents

6810.1: Public Access to School Materials and Documents holly Mon, 07/22/2019 - 10:09

I. Any documents or other materials requested for examination will be made available during the hours and days when the offices of the school or other district facilities are open. Requests by parents or guardians to examine the materials being used or planned for use in teaching their son/daughter will be honored but, to avoid interruption of the classroom environment, parents will follow those procedures listed in items II-IV (below). Requests, other than those from parents or guardians, shall be made in writing and shall state with as much specificity, as is reasonable, a description of the documents and materials which are requested to be examined. 

II. Persons making the request will be provided facilities where the examination can be made and where the examining person or persons can make such memoranda and abstracts as may be desired. 

III. Requested copies of documents and other materials will be provided by the District subject to the following conditions: 

    A. No documents or other materials which are subject to a copyright or subject to copyright laws shall be copied; and 

    B. Requests for copies shall be submitted on forms provided by the District. The District will provide the copies within a reasonable time and       whenever the work required to make the copies does not interfere with the ordinary transaction of the business of the District or interfere with the     conduct of the District’s educational programs. 

IV. When the District provides copies of documents or other materials, the copies will be provided if the person making the request agrees to pay the District the charges established for providing copies. Charges will be a reasonable estimate of the cost of the materials, and employees’ time in making the copies and a reasonable charge for the use of the copying machine or machines. The charges will be established from time to time and the person or persons making the request shall be notified of the charges at the time the request to the District is made.

Date of Adoption
March 7, 1994
Date of Revision
September 13, 1999
February 4, 2019
Reaffirmed
April 13, 1998
November 6, 2006
November 5, 2012

6810.2: Curriculum - Request for Exclusion

6810.2: Curriculum - Request for Exclusion holly Mon, 07/22/2019 - 10:12

I. Parents or guardians may make a formal, written request that their child or ward be excused from the use of a given book, instructional unit or particular literary work. The request may be granted only if the subject of the request is determined by the District to be contrary to the personal convictions of the parent or guardian concerning the philosophical or ideological content of the educational materials or portions thereof to which the request is directed.

Any student for which the request is granted shall be assigned to educational activities or resources which are as near as reasonably possible to the educational outcomes of the educational materials from which the student is excused.

In the event a parent or guardian may request that their child or ward by excused from an entire course the request may be granted only if the District determines that the content of the entire course appears to be contrary to the personal, philosophical or ideological convictions of the individual making the request.

Any student for which the request is granted shall be assigned to a curriculum subject which is related as closely as possible to the educational outcomes of the course from which the student is excused.

No request shall be granted if the request is only to change courses for reasons of personal convenience, desires, or personal preference or to merely substitute one course for another.

Parents may suggest, through formal complaint procedures set forth in District Rule 1310.2, that a given book, instructional unit, literary work, or course be excluded from the curriculum for all students.

The building principal or primary administrator in a building shall be responsible for informing parents or guardians of their rights of request and exclusion by including such a statement in the student handbook for which the principal or other administrator is responsible.

Forms for requesting exclusion of a student from curriculum materials or courses or the exclusion of a given book, instructional unit/course or literary work from use in a building or within the District are available from Educational Services. Available forms include:


Form A-1: Parent/Guardian Request for Student Exclusion from a Given Book, Instructional Unit or Literary Work


Form A-2: Parent/Guardian Request for Student Exclusion from a Course


Form B-1: Citizen Request for Consideration of Print and Non-Print Materials


Form B-2: Parent/Guardian Request for Reconsideration of a Current Course Offering

Date of Adoption
August 17, 1992
Date of Revision
March 2, 1998
September 13, 1999
December 4, 2006
November 5, 2012
Reaffirmed
February 4, 2019

6900: Research - Testing

6900: Research - Testing holly Mon, 07/22/2019 - 10:21

Any persons conducting research projects involving staff, students, families, or facilities of the Millard School District must submit a request in writing and receive approval from the Department of Assessment, Research, and Evaluation prior to conducting research. 

Date of Revision
April 20, 1992
September 13, 1999
December 4, 2006
June 4, 2012
September 19, 2016
June 6, 2022

6900.1: Research - Testing

6900.1: Research - Testing holly Mon, 07/22/2019 - 10:24

Individuals or organizations seeking approval to conduct research, surveys, or tests involving the staff, students, families or facilities of the Millard School District shall observe the following procedures: 

I. The “Research Application to Millard Public Schools” forms must be filled out and submitted to the Department of Assessment, Research, and Evaluation. 

II. All research instruments and a description of proposed methods to be used in the project must be submitted to the Department of Assessment, Research, and Evaluation as part of the application. 

III. Upon receipt of application forms and other required materials a decision on approval, rejection, or required modifications will be made by the Department of Assessment, Research, and Evaluation in consultation with Educational Services. 

IV. Individuals or organizations that are approved to conduct research, surveys or tests shall enter into a written agreement with the District. Such written agreement shall: 

1. Specify the purpose of the research, survey or test, set forth the scope and duration of the research, survey or test and shall identify all personally identifiable information from student records that will be disclosed for the purpose of conducting the research, survey or test; 
2. Specifically limit the use of any personally identifiable information from student records only for the purposes of the research, survey or test; 
3. Require the individual or organization to conduct the research, survey or test in a manner that does not disclose the personal identification of any student or parent to any persons unless such person or persons has a legitimate need to know such information; 
4. Require the individual or organization conducting the research, survey or test to maintain the confidentiality of all personally identifiable information from student records during all stages of the research, survey or test, by using appropriate disclosure avoidance techniques; and 
5. Require the individual or organization conducting the research, survey or test to destroy any and all records that contain personally identifiable information within 30 days after the final results of the research, survey or test have been submitted to the District. 

V. Results of research studies, surveys or tests that involve students, staff, families or facilities must be sent to the Department of Assessment, Research, and Evaluation upon completion of the research. 

VI. Part of the decision-making process for approval will take into account the sub- population to be researched, the required involvement of Millard Public School staff and the degree to which the project may impact instructional time.

Date of Adoption
April 20, 1992
Date of Revision
September 13, 1999
December 4, 2006
June 4, 2012
September 19, 2016
June 6, 2022

6910: Community Volunteers

6910: Community Volunteers holly Mon, 07/22/2019 - 10:27

The Board of Education recognizes that the use of community volunteers enriches the learning experiences for students and serves to enhance school-community relations. The Board authorizes the Superintendent or designee to establish a process and procedure to review and evaluate potential community volunteers. When making such evaluations consideration shall be given to issues of safety and to the needs of the students, staff, faculty and administration.

Date of Adoption
February 21, 2000
Date of Revision
May 7, 2007
Reaffirmed
March 4, 2013
July 6, 2020

6910.1: Screening Procedures for Volunteers in the Classroom

6910.1: Screening Procedures for Volunteers in the Classroom holly Mon, 07/22/2019 - 10:29

I. All persons interested in serving as volunteers in the Millard Public Schools who will have an ongoing volunteer schedule and will have direct contact with students and who are not current District employees, current students, parents, or grandparents of current students, shall apply through the school where he or she wishes to volunteer and shall provide the following information on an approved Millard Public Schools volunteer application form:

A. Statistical and directory information including, but not limited to, name, address, telephone number, email address and current or former place of employment (if any).

B. Names of not less than three references to be contacted directly by the principal or designee at the site where the person wants to volunteer. Applicants shall supply a phone number and email address for each reference.

C. A written authorization to permit the District to obtain a criminal background check and check of the Child/Adult Abuse and Neglect Registry/Register for purposes of evaluating the Applicant’s ability and fitness to serve as a volunteer in the District.


II. For all interested volunteers whose volunteer services may result in interaction with students and which may not be directly and continuously supervised by District personnel, the Associate Superintendent for Educational Services or designee and the principal or designee shall undertake the following Applicant screening procedures:
 

A. All application forms shall be reviewed by the building principal or designee and the Associate Superintendent for Educational Services or designee.

B. The principal or designee at the site where the person wants to volunteer shall contact each person identified as a reference on the application.

C. The Associate Superintendent for Educational Services or designee shall submit the applicant's paperwork for a criminal background check and a check of the Child/Adult Abuse and Neglect Central Registry/Register.


III. While the application is being processed and all references and background checks made, the Applicant shall not be placed in a temporary volunteer position by the principal and/or the program staff.

IV. When all reference and background checks are completed and are determined to be satisfactory and consistent with the District’s policy, the Associate Superintendent for Educational Services or designee shall contact the principal and/or program staff and advise that the volunteer has been approved. 

V. In the event the reference and criminal background checks reveal information that appears to be unsatisfactory, not consistent with the District’s policy, or otherwise indicates that the Applicant is not qualified or fit to serve as a volunteer, the District shall provide the Applicant such notice as may be required by law.

VI. If the Applicant’s references or the Associate Superintendent for Educational Services or designee review of the Child/Adult Abuse and Neglect Registry/Register shows that the Applicant is not qualified to serve as a volunteer, the Associate Superintendent for Educational Services or designee shall send a letter to the Applicant advising that the Applicant has been denied.

VII. All references and reference checks shall be strictly confidential and shall not be available to any person, including the Applicant.

VIII. All information other than reference information obtained or gathered in the application and screening process shall be strictly confidential and shall not be available to any person other than the Applicant.

IX. Volunteers are expected to perform approved volunteer services under the supervision of a Millard Public Schools employee.

X. Volunteers shall be subject to the District’s personnel policies and rules, including but not limited to non-discrimination and harassment, sexual harassment, appropriate boundaries with students, behavior and conduct on District property, dress, use of tobacco, substance use, use of District computers and property, confidentiality, corporal punishment and physical contact, and safety and security.

XI. Volunteers in the Millard Public Schools are intended to enrich the learning experiences for students through the performance of volunteer services. Persons interested in serving as volunteers so as to fulfill community work requirements for other agencies shall not be accepted.

XII. The District reserves the right for the Associate Superintendent for Educational Services to require any individual, including current District employees, current students, parents, or grandparents of current students, to complete a criminal background check and a check of the Child/Adult Abuse and Neglect Central Registry/Register prior to being allowed to perform any volunteer service or participate in any District-related activity.

XIII. The Superintendent or his/her designee may grant an exception to the requirements herein if, in an emergency situation, the Superintendent or his/her designee deems that an exception is in the best interest of the class activity, District, and student(s).

Date of Adoption
February 21, 2000
Date of Revision
May 7, 2007
March 4, 2013
July 6, 2020
November 16, 2020

6910.2: Screening Procedures for Volunteers in Extracurricular Programs

6910.2: Screening Procedures for Volunteers in Extracurricular Programs holly Mon, 07/22/2019 - 10:31

I. All persons interested in serving as volunteers in any extracurricular program offered by the Millard Public Schools who will have an ongoing volunteer schedule and will have direct contact with students who are not current District employees, current students, parents or grandparents of current students, shall apply through the school where he or she wishes to volunteer and shall provide the following information on an approved Millard Public Schools volunteer application form:

A. Statistical and directory information including, but not limited to, name, address, telephone number, email address, and current or former place of employment (if any).

B. Names of not less than three references to be contacted directly by the principal or designee at the site where the person wants to volunteer. Applicants shall supply a phone number and email address for each reference.

C. A written authorization to permit the District to obtain a criminal background check and check of the Child/Adult Abuse and Neglect Central Registry/Register for purposes of evaluating the Applicant’s ability and fitness to serve as a volunteer in the District.

II. For all interested volunteers in an extracurricular program whose volunteer services may result in interaction with students, the Human Resources Department shall undertake the following Applicant screening procedures:

A. All application forms shall be reviewed by the building principal or designee and the Human Resources Department.

B. The principal or designee at the site where the person wants to volunteer shall contact each person identified as a reference on the application.

C. The Human Resources Department shall submit the applicant's paperwork for a criminal background check and a check of the Child/Adult Abuse and Neglect Central Registry/Register.

III. While the application is being processed and all references and background checks made, the Applicant shall not be placed in a temporary volunteer position in an extracurricular program by the principal and/or the program staff.

IV. When all reference checks and background check are completed and are determined to be satisfactory and consistent with the District’s policy, the Human Resources Department shall contact the principal and/or program staff and advise that the volunteer in an extracurricular program has been approved.

V. In the event the reference and criminal background checks reveal information that appears to be unsatisfactory, not consistent with the District’s policy, or otherwise indicates that the Applicant is not qualified or fit to serve as a volunteer, the District shall provide the Applicant such notice as may be required by law.

VI. If the Applicant’s references or the Human Resources Department review of the Child/Adult Abuse and Neglect Registry/Register shows that the Applicant is not qualified to serve as a volunteer, the Human Resources Department shall send a letter to the Applicant advising that the Applicant has been denied.

VII. All references and reference checks shall be strictly confidential and shall not be available to any person, including the Applicant.

VIII. All information other than reference information obtained or gathered in the application and screening process shall be strictly confidential and shall not be available to any person other than the Applicant.

IX. Volunteers are expected to perform approved volunteer services under the supervision of a Millard Public Schools employee.

X. Volunteers shall be subject to the District’s personnel policies and rules, including but not limited to non-discrimination and harassment, sexual harassment, appropriate boundaries with students, behavior and conduct on District property, dress, use of tobacco, substance use, use of District computers and property, confidentiality, corporal punishment and physical contact, and safety and security.

XI. Volunteers in the Millard Public Schools are intended to enrich the learning experiences for students through the performance of volunteer services. Persons interested in serving as volunteers so as to fulfill community work requirements for other agencies shall not be accepted.

XII. The District reserves the right for the Associate Superintendent for Human Resources to require any individual, including current District employees, current students, parents, or grandparents of current students, to complete a criminal background check and a check of the Child/Adult Abuse and Neglect
Central Registry/Register prior to being allowed to perform any volunteer service or participate in any District-related activity.

XIII. The Superintendent or his/her designee may grant an exception to the requirements herein if, in an emergency situation, the Superintendent or his/her designee deems that an exception is in the best interest of the class activity, District, and student(s).

Date of Adoption
June 5, 2006
Date of Revision
December 4, 2006
May 7, 2007
March 4, 2013
July 6, 2020
November 16, 2020

6920: Community Resources

6920: Community Resources holly Mon, 07/22/2019 - 10:39

The Millard School District recognizes the potential education contribution that lies within the Millard community. Instructional staff members are encouraged to use various members of the community and their particular areas of expertise to enhance the overall instructional program.

Date of Adoption
June 16, 1975
Date of Revision
September 13, 1999
Reaffirmed
September 5, 2006
October 1, 2012
November 5, 2018

7000: Technology

7000: Technology unanimous Thu, 02/28/2019 - 14:34

7000: Technology General Policy Statement

7000: Technology General Policy Statement unanimous Tue, 07/30/2019 - 17:07

 

The District will use  technology to develop, improve, and provide a comprehensive curriculum; an effective program of instruction; and the efficient administration of the District. Technology is defined as any computer hardware, software, network, server-based, or cloud-based system.

Date of Adoption
March 21, 2005
Date of Revision
January 4, 2016
January 23, 2023
Reaffirmed
January 21, 2013

7100: Acceptable Use of District Technology

7100: Acceptable Use of District Technology holly Mon, 07/22/2019 - 10:43

Staff, students, vendors, and guests using Millard Public Schools technology will follow all federal laws, state laws, District policies, and District rules governing technology.

Date of Adoption
May 17, 1993
Date of Revision
December 20, 1999
April 2, 2007
January 4, 2016
January 23, 2023

7100.1: Compliance with Applicable Law

7100.1: Compliance with Applicable Law holly Mon, 07/22/2019 - 10:46

Use of District-owned technology (e.g, hardware, software, server-based systems, & web-based/cloud systems) shall comply with all applicable policies and rules of the District, and with all applicable state and federal statutes..

In an effort to prevent violation of copyright laws and illegal use, the following rules will apply:

I.    The legal and ethical implications of use will be taught to personnel and students at all levels where there is technology use.

II.   The building principal, principal's designee, or appropriate supervisor will be responsible for informing district personnel of the District Computer and Software Policy and Rules.

III.  When permission is obtained from a copyright holder to use software reasonable efforts will be made to prevent unauthorized copying.

IV.   When permission is obtained from copyright holder to use protected digital media (e.g., music, images, ebooks, videos) reasonable efforts will be made to prevent unauthorized use.

V.    Under no circumstances will illegal copies of copyrighted software be made or used on district technology.

VI.   Under no circumstances will illegal copies of protected digital media be made or used on district technology.

VII.  When permission is obtained from a copyright holder to use server-based software or systems reasonable efforts will be made to prevent unauthorized access.

VIII. When permission is obtained from a copyright holder to use web-based/cloud software or systems reasonable efforts will be made to prevent unauthorized access.

IX.  The Executive Director of Technology or designee is authorized to sign software, server-based, and web-based/cloud license agreements for district schools. The District and each school using licensed software, including server-based or web-based/cloud software, shall keep a file containing a signed copy of software agreements for that school.

X.    The school principal or principal's designee will be responsible for establishing practices which will enforce the District Computer and Software Policy and Rule.

XI.   The following uses of district computers and telecommunications devices will be strictly prohibited:

A.  Offensive Messages. The use, display or transmission of (i) sexually explicit images, messages, cartoons; (ii) ethnic slurs or racial epithets; or (iii) acts of terrorism, assault, or threats.

B.  Personal Use. Personal use of District-owned computers and telecommunication devices are permitted to contact a child at home, a teacher, a doctor, a day care center, a baby-sitter, a family member, or any other person to inform any such person of an unexpected schedule change or for other essential personal business. Such personal use shall be kept to a minimum and shall not interfere with the performance of District business. Any other personal use of District-owned cellular phones, telephone equipment or telephone systems is strictly prohibited.

C.  Commercial, and/or Religious Messages. Use for the purpose of solicitation or proselytization for commercial, religious, political, or any other non-job-related activity.

D.  Inappropriate Use of Technology. The use of the District’s Technology (e.g., network, Internet, e-mail system, social media, and telecommunications system), shall remain under the control of the District and may only be used for district business subject to applicable law, policy and rule. This includes, but is not limited to, the downloading of any inappropriate materials, games, or other files not required for staff to fulfill their job duties. Sexual harassment and bullying using technology and electronic or digital communications is covered by the same policies and rules in the Student Code of Conduct which prohibit harassment and bullying. 

Violation of this rule may result in disciplinary action.


The District reserves all rights it has under the fair use doctrine of the Copyright Act.

Date of Adoption
May 17, 1993
Date of Revision
December 20, 1999
April 2, 2007
April 13, 2009
November 1, 2010
January 3, 2016
Reaffirmed
January 23, 2023

7100.2: Right of Access

7100.2: Right of Access holly Mon, 07/22/2019 - 10:49

The District reserves the right to have access to all programs, files, and creations of any description which, reside on District technology or systems.

Date of Adoption
May 17, 1993
Date of Revision
December 20, 1999
April 2, 2007
January 4, 2016
January 23, 2023

7100.3: Access to Student and/or Personnel Records

7100.3: Access to Student and/or Personnel Records holly Mon, 07/22/2019 - 10:51

School volunteers and district personnel shall not have access to student and/or personnel records unless specifically authorized or permitted by law. Digital files containing personnel records are subject to board policy 4115 and rule 4115.1, board policy 7400 and rule 7400.1, and the rights of privacy created by Nebraska statute. Digital files containing student records are also subject to board policy 5710 and rule 5710.1, board policy 7400 and rule 7400.1, and the rights of confidentiality created by federal and state law.

Use of technology to store or transmit student and/or personnel data are to follow district policy, rule, and guidelines relating to the confidentiality of students and/or personnel records. This rule applies to files that are maintained centrally by the District, as well as those created and maintained at the school level.

Date of Adoption
May 17, 1993
Date of Revision
December 20, 1999
April 2, 2007
January 4, 2016
Reaffirmed
January 23, 2023

7100.4: Account Lifecycle Management

7100.4: Account Lifecycle Management jmcarson1 Fri, 03/24/2023 - 14:40

Millard Public Schools automates staff and student account creation, modification, and deactivation using an Identity Management System (IDM).  The Superintendent or designee will create procedures for lifecycle management of staff and student accounts.

Date of Adoption
March 20, 2023

7305: Web and Social Media Publishing

7305: Web and Social Media Publishing holly Mon, 07/22/2019 - 10:55

The District and its schools will communicate using the Internet and approved social media sites to inform the public and advance the mission of the District. All District Internet web pages and approved social media sites shall be used only for purposes related to District communications, to the educational curriculum of the District, and/or administration of the District. Commercial, political, and/or private use of any of the District’s web pages and approved social media sites is strictly prohibited except as approved by the Superintendent or designee. All District technology, web pages, and social media sites are public property and no right of individual privacy shall extend to the technology, or any information or communications stored or contained on  the technology, or any of its components or software, or to the web pages, and social media sites. The administration reserves the right to monitor any technology activity and online communications, including, but not limited to, web pages and approved social media sites, for improper use.

Date of Adoption
July 17, 2000
Date of Revision
May 2, 2005
May 21, 2012
December 5, 2016
January 9, 2023
Reaffirmed
October 6, 2008

7305.1: District Internet Web Pages and Social Media Sites

7305.1: District Internet Web Pages and Social Media Sites holly Mon, 07/22/2019 - 10:57

I. Definitions

A. Social Media - is the collective of online communications channels dedicated to community- based input, online interaction, content sharing, and collaboration (e.g., websites and applications dedicated to forums, blogging, social networking , and social curation).

B. Approved Social Media Site – All social media sites must be approved by the Executive Director of Technology for technical requirements and compliance issues. In addition, approved social media sites must have been reviewed and approved by the Director of Communications and/or have been approved by the Associate Superintendent for Educational Services for use in student learning activities and teacher-parent-student communications about learning. .

C. Professional Responsibility – The employee may use District approved social media sites to support communication and/or instruction. Professional responsibility occurs when there is the presentation of oneself as a representative of the District or employee thereof, whose activities are job related and is subject to the District’s policies, rules, procedures, and guidelines.

D. Personal Responsibility – the presentation of oneself in a manner that is outside professional responsibility in all comments, posting, etc. Personal responsibility encompasses that which is not job related.

II. Accountability

A. District employees who utilize web or social media sites in pursuit of their professional responsibilities are subject to the District’s Code of Ethics (Policy 4155 and Rule 4155.1) and the District’s Professional Boundaries and Staff Relationships with Students (Policy 4153 and Rule 4153.1).

B. Each staff member who creates a web page or any part of a web page or supervises the creation of a web page or uses an approved social media site or any part of an approved social media site or supervises the creation of an approved social media site is responsible for the content and must inform the Superintendent/designee or Principal/designee of the existence and the intent/purpose of the page prior to such web site or approved social media site being accessible on the Internet. This includes student-produced web pages and social media content.

C. Each web page or approved social media author or contributing web page and approved social media site author shall assume professional responsibility for the information being educationally appropriate, current, accurate (including having correct spelling and grammar), and adhering to District policies and rules. This includes students who author or contribute to the creation of a web page or approved social media site.

D. All District or building web pages and approved social media sites shall have a staff member who shall monitor and be responsible for approving the content of the information, which is accessible on each web and approved social media site. 

E. The content of the information shall be in compliance with the District’s policies and rules including, but not limited to, the standards, criteria, and limitations of District Policies and Rules 1115.1(I), 1306.1, 3150.1, 4001, 4145.1, 4155.1, 4153, 4153.1, 4155, 4156.1, 5010, 5020, 5300.3, 5400.6, 5510.1(I), 5800.1, 6002, 6265, 6605.1(I), 7100.1, and 7310.1, which are incorporated herein.

F. Guidelines for web pages and the use of approved social media sites shall be established by the Superintendent or designee and shall be available to staff..

III. Professional Responsibility and Personal Responsibility

A. Professional Responsibility. When using District web pages and/or approved social media sites, staff may not engage in the following:

1. Simultaneously identify oneself as a District employee and send, solicit, or display materials that are offensive, including sexually oriented material, graphic depictions of violence, or material that offends or harasses on the basis of race, color, religion, national origin, sex, sexual orientation,
gender, gender identity, marital status, disability, or age.

2. Unprofessional communication that could negatively impact the District’s reputation or interfere with the District’s core mission, or unprofessional/inappropriate communication regarding members of the District’s community.

3. Acting as a representative of the District, or acting in a way that would infer that one is a District representative or acting for and on behalf of the District when not authorized to do so (e.g., contacting the media or government officials with District e-mail, responding to complaints or questions about District business on Internet discussion groups, etc.).

4. Sending, receiving, printing or otherwise disseminating proprietary data, trade secrets or other confidential information in violation of District policy, proprietary agreements or other contractual terms. Using District-owned data or work product for personal gain. Using District trademarks (e.g., name, logos), or branding without authorization from the Office of Communications.

5. Inappropriately sharing confidential information related to District business, including but not limited to, personnel actions, internal investigations, research material, or student information.

6. Any activity in violation of local, state, or federal law as it relates to the staff member’s employment with the District, including, but not limited to, defamatory remarks; destruction of District data or equipment; or accessing or sharing information in violation of HIPAA, FERPA, CIPA, or COPPA. This includes any activity that would cause the District to not be in compliance with state or federal law.

7. Any activity in violation of District policies and rules, including, but not limited to the standards, criteria, and limitations of District Policies and Rules 1115.1(I), 1306.1, 3150.1, 4001, 4145.1, 4153, 4153.1, 4155, 4155.1, 4156.1, 5010, 5020, 5300.3, 5400.6, 5510.1(I), 5800.1, 6002, 6265, 6605.1(I), 7100.1, and 7310.1, which are incorporated herein.

B. Personal Responsibility. When using non-District web pages and/or personal social media sites outside of the duties as a staff member of the District, staff should consider the following:

1. For certificated staff, the District’s Code of Ethics and the State Standards of Professional Practice are applicable.

2. The requirements for all staff under the Professional Boundaries and Staff Relationships with Students Policy and Rule. 

3. District staff are responsible for all matters which they post or publish.

4. All matters which may be posted or published, including photographs, should reflect high standards of professionalism and professional discretion, and should not negatively or adversely impact relations with students, parents, other staff, or the community.

5. Staff should not “friend” students or parents on their personal social media pages until the student has been graduated from the District for a least one year.


IV. Privacy

A. All reasonable steps shall be taken to ensure that the use of the Internet or approved social media sites shall not abridge the right of privacy of students or staff as provided by law, including but not limited to FERPA, HIPAA, CIPA, and COPPA.

B. Staff may publish student photographs and first names (except for those students who have a Letter of Directory Information on file). Exceptions beyond first names may be made by the Superintendent or their designee, or the Principal or their designee, for other identifying information when special circumstances dictate (e.g., athletic contests, special achievements, student recognitions). 

C. Group and individual photographs may be published without permission if names are not used.

D. Student Directory Information (as described below) may be made available on District web pages in compliance with the District’s policies and rules. Directory information appropriate for the web includes the following:

1. First and last name ;

2. Current grade level;

3. Participation in officially recognized activities and sports;

4. Weight and height of members of athletic teams;

5. Degrees and awards received; and

6. Photographs 

V. Partners for Education, PTO/PTA Organizations, and Booster Clubs

A. Partners for Education partners, PTO/PTA organizations, and Booster Clubs may be identified as supporters of the District.

B. There shall be no web links to commercial web sites that are of a promotional nature except as approved by the Superintendent or designee.

C. District or building web sites may contain links to governmental agencies, District affiliated organizations which were organized and exist for the sole purpose of supporting the District’s 
educational and extracurricular programs, other educational institutions, public libraries, and public museums.

VI. Fundraising Activities

A. Information about school-related fundraising activities can be published including information about the product, the name of the sponsor and/or telephone number.

B. There shall be no on-line purchasing and such use of the District’s computers is strictly prohibited unless authorized by the Superintendent or designee.

C. District and building websites shall not facilitate online purchasing unless authorized by the Superintendent or designee.

VII. Interactive Use

A. District e-mail addresses of staff and Board members are allowed to be published.

B. When District e-mail addresses are published, the following disclaimer should appear on that page: “These e-mail addresses are for use by staff, students, and parents relating to school business only. Solicitation is prohibited.”

C. Individual student’s e-mail addresses may be disseminated but must be protected by a unique password for each student on servers as identified in Section VIII.

VIII. Where Information Resides

A. All digital information shall be accessible to the Internet on District-controlled servers or District- controlled cloud based services under the District’s domain name approved by the Superintendent or designee.

B. All District policies and rules apply regardless of where the web sites reside.

IX. Not an Open or Public Forum

A. The District does not by this Rule create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable District web pages and approved social media sites.

B. The District reserves the right to monitor, review, and audit the use of District web pages and approved social media sites. The District further reserves the right to search District web pages and approved social media sites as part of any investigation into unauthorized use or prohibited or illegal conduct.

X. Violations of this Rule may result in disciplinary action.

Date of Adoption
July 17, 2000
Date of Revision
September 10, 2001
May 2, 2005
October 6, 2008
May 21, 2012
October 1, 2012
December 5, 2016
November 16, 2020
January 9, 2023

7310: Cybersecurity Protection Measures

7310: Cybersecurity Protection Measures holly Mon, 07/22/2019 - 11:10

The District will implement cybersecurity protection measures consistent with Federal, State, and District requirements.  The District will take all reasonable steps to protect the online privacy of staff and students. The operation and use of Millard Public School’s technology resources by staff, students, vendors, and guests shall be consistent with this policy. All staff and students shall be educated about appropriate online behavior, including interacting with other individuals online, cyberbullying awareness, and how to report inappropriate online interactions. The Superintendent or their designees are authorized and directed to establish and enforce procedures to implement this policy.

Date of Adoption
April 16, 2001
Date of Revision
June 7, 2004
May 7, 2012
January 20, 2020
February 6, 2023
Reaffirmed
August 21, 2006
October 16, 2006

7310.1: Cyber Security Protection Measures: Content Filtering

7310.1: Cyber Security Protection Measures: Content Filtering holly Mon, 07/22/2019 - 11:13

I. Internet Technology Protection.    The District will provide technology protection measure as required by law.  Technology protection measures will filter sites containing visual depictions that are obscene, child pornography, and/or with respect to technology use by minors, harmful to minors.

II. Definitions.

A. The term “technology protection measure” means a specific technology that blocks or filters Internet access to visual depictions that are:

  1. Obscene, as that term is defined in 18 U.S.C. § 1460;

  1. Child pornography, as that term is defined in 18 U.S.C. § 2256; or

  1. Harmful to minors.

B. The term “harmful to minors” means any picture, image or graphic image file, or other visual depiction that:

  1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

  1. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

  1. Taken as a whole, lacks serious literary, artistic, political, or scientific values as to minors.

C. The term “minor” means an individual who has not attained the age of 17.

D. The term “sexual act” or “sexual contact” have the meanings given such terms in 18 U.S.C.  § 2246.

III. Disabling Internet Filtering.

A. Requests to disable or to bypass the technology protection measures shall be made to the Executive Director for Technology who shall review said requests and Internet sites to ensure that the content is not a violation of the Children’s Internet Protection Act.

B. The Superintendent or designee is authorized to disable the technology protection measures so as to enable access for bona fide research or other lawful purposes.

IV. Internet Safety and Prevention of Inappropriate Use.  The District shall take all necessary and practical measures to prevent students from accessing inappropriate material online, to prevent unlawful and/or inappropriate use of the Internet and to promote safety and security while using the District’s online network.

A. The inappropriate use of the District’s online network is prohibited.

1. Inappropriate use includes: (a) unauthorized access by minors to inappropriate matter on the Internet and World Wide Web; (b) unauthorized access, including so-called hacking and other unlawful activities; (c) the unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and (d) any activity that is prohibited by State or Federal law and by District policies.

B. To the extent practical, the District shall promote the safety and security of users of the District’s online computer network when using email or other forms of electronic communications.

C. The building principal, principal’s designee, or appropriate supervisor or teacher will be responsible for monitoring student usage of the Internet to ensure compliance with this and related District rules and policies.

D. The District will provide age-appropriate training for students who use the District’s network.  The training will be designed to promote the District’s commitment to:

1. The standards and acceptable use of Internet services set forth in this and related District rules and policies; and

2. Student safety with regard to safety on the Internet, appropriate behavior while online and cyberbullying awareness and response.

V. Privacy. While complying with the provisions of the Children’s Internet Protection Act, all reasonable steps shall be taken to ensure that the use of the Internet shall not abridge the right of privacy of students or staff as provided by law including, but not limited to, the Family Educational Rights and Privacy Act (FERPA).                                                    

Date of Adoption
April 16, 2001
Date of Revision
June 7, 2004
August 21, 2006
May 7, 2012
January 20, 2020
February 6, 2023
Reaffirmed
October 16, 2006

7310.2: Cyber Security Protection Measures: Password Creation and Management

7310.2: Cyber Security Protection Measures: Password Creation and Management jmcarson1 Mon, 02/13/2023 - 16:10

To ensure security for staff and student accounts the following requirements will be followed.  Staff passwords are not accessible by District Technology Staff.  Staff passwords can be reset by District Technology or by the individual staff member using the portal. Student passwords are the property of the District and will be managed as such.

Staff Password Requirements:
1.    Initial passwords are created by the District. Staff are expected to change this password during their onboarding process.
2.    Passwords must be a minimum of fifteen characters long.
3.    Staff will be required to reset their password if alerted by the Technology Division that their account or password is compromised. Staff failing to comply with this measure will have their password reset by the Technology Division which may suspend that staff member’s access to systems.

Student Password Requirements:
1.    Passwords are created by the District and shared with students.
2.    To change a student password the building administrator will make a request with the Technology Division.
3.    Changes to student passwords will be communicated to the school.
4.    In the event that a student account or password is compromised the student password will be reset by the Technology Division.
 

Date of Adoption
February 6, 2023

7310.3: Cyber Security Protection Measures: Multi-factor Authentication (MFA)

7310.3: Cyber Security Protection Measures: Multi-factor Authentication (MFA) jmcarson1 Mon, 02/13/2023 - 16:09

Multi-Factor Authentication (MFA) is a security feature that requires a user to validate their identity using something you know (e.g., user name and password) and something you have (e.g., your phone/fob) to access a District computer system or resource. Staff members will be assigned to one of the following levels based on their job function:

MFA Levels
Level III (High)

MFA at the device level (login into the computer), MPS portal, and any services not available through the portal that can implement MFA through DUO.

Level II (Medium)
MPS portal and other online services not available through the portal that can implement MFA through DUO.

Level I (Minimum)
MPS portal only. Staff will only be required to MFA into the MPS portal. The portal allows access to the most widely used web-based services of staff.

Level 0 (No MFA)
Users are not required to utilize MFA to access to any systems. Level 0 users do not have email access outside the MPS domain.
 

Date of Adoption
February 6, 2023

7310.4: Cyber Security Protection Measures: Disaster Recovery

7310.4: Cyber Security Protection Measures: Disaster Recovery jmcarson1 Mon, 02/13/2023 - 16:08

The Superintendent or their designee will identify critical business assets, and define the systems and activities needed to ensure their continuity in a physical or cybersecurity disaster.

Date of Adoption
February 6, 2023

7310.5: Cyber Security Protection Measures: Data Encryption & Retention

7310.5: Cyber Security Protection Measures: Data Encryption & Retention jmcarson1 Mon, 02/13/2023 - 16:07

The Superintendent or their designee will define when encryption will be used on District systems and equipment, what encryption technologies or algorithms are acceptable, and the length of time encrypted data will be retained.

Date of Adoption
February 6, 2023

7310.6: Cyber Security Protection Measures: Email

7310.6: Cyber Security Protection Measures: Email jmcarson1 Mon, 02/13/2023 - 16:04

Email is essential for Millard Public Schools. Due to its potential to introduce security threat(s) to our network and systems, staff and students are expected to use common sense when sending and receiving emails using Millard Public School accounts.  The District will administer and secure the Millard Public School’s email system so that it allows staff and students to be productive while at the same time working to prevent email-related security incidents.  

The Superintendent or their designee will implement procedures and systems necessary to meet the requirement of this rule.
 

Date of Adoption
February 6, 2023

7310.7: Cyber Security Protection Measures: Physical Network Infrastructure Security

7310.7: Cyber Security Protection Measures: Physical Network Infrastructure Security jmcarson1 Mon, 02/13/2023 - 16:00

Physical network security measures will be established by the Superintendent or their designee. Physical security measures will prevent access by unauthorized personnel to our Main Distribution Facilities (MDFs), Intermediate Distribution Facilities (IDFs), and other network locations.


Access to MDFs, IDFs, and other network locations will be controlled by the Millard Public Schools Technology Division. The storing of any non-network or non-technical equipment, without authorization by the Technology Division, is prohibited in these areas.


The use of MDFs, IDFs, and other network locations for any other school purpose is prohibited unless authorized by the Superintendent, Chief Financial Officer, Executive Director of Technology, or the District Technology Manager.

Date of Adoption
February 6, 2023

7310.8: Cyber Security Protection Measures: Virtual Private Network (VPN) Remote Access

7310.8: Cyber Security Protection Measures: Virtual Private Network (VPN) Remote Access jmcarson1 Mon, 02/13/2023 - 15:57

The Superintendent or their designee will define rules for connecting to the Millard Public School’s network and systems from outside our Wide Area Network (WAN) using VPN connections. They will also specify what remote authentication methods can be used and what other security measures are necessary for access.

Date of Adoption
February 6, 2023

7400: Electronic Records Retention & Disposition

7400: Electronic Records Retention & Disposition holly Mon, 07/22/2019 - 11:16

The Superintendent or designee shall be responsible for the retention and disposition of all District records. All District records may be maintained and stored in an electronic format or in some other approved manner or format.

Date of Adoption
June 2, 2003
Reaffirmed
August 21, 2006
February 6, 2017
January 23, 2023

7400.1: Electronic Records Retention & Disposition

7400.1: Electronic Records Retention & Disposition holly Mon, 07/22/2019 - 11:19

The District may maintain student records in an electronic or digital format. The District may maintain electronic or digital student and staff records on District controlled servers, contracted third party hosted servers, and/or web-based/cloud servers. The District shall take steps to ensure that the confidentiality and privacy of the student and staff records are maintained as provided by state and federal law and the District’s policies and rules. 

I. SECURITY 

A. The District shall take all reasonable steps necessary to ensure that the use of the Internet or contracted third part hosted services for the gathering, maintaining and/or storing of District information shall not abridge the right of privacy of students and staff as provided by law. 

B. The District shall take all steps necessary for all users of a contracted third party hosted service maintaining, gathering and storing District information to have a unique user name and unique user password and to protect the confidentiality of such user names and passwords. 

C. The District shall require that any contracted third party hosted service used by the District have software or mechanisms in place to alert the service of any intrusions or attempted intrusions into the database by unauthorized users. The contracted third party hosted service shall provide to the District upon request an intrusion analysis setting out to the extent possible the dates, times, and places or other applicable information of attempted intrusions by unauthorized computers or persons to the service. 

D. The District shall require that any contracted third party hosted service maintaining, gathering and storing District information maintain a log of all requests for access to information for any student contained on the contracted third party hosted service. 

E. The District shall require the contracted third party hosted services to have verifiable parental consent and District authorization (i.e., written or digital) prior to the collection of personally identifiable information from a student. 

F. All student or District information contained on the contracted third party hosted servers accessible through the Internet shall be secured utilizing, at a minimum, 256-bit encryption. 

G. Any third party hosted service shall, at the requirement of the District, upgrade its encryption software as may be required from time to time to ensure complains with generally accepted encryption standards. 

H. The District shall be granted access to all privacy policies, end user license agreements, encryption certificates, access logs documenting requests for information from any database containing information of District students, student records and/or parents. 

II. USE OF INFORMATION 

A. No personally identifiable information about any student obtained by, maintained by, retained by, or gathered by the contracted third party hosted service for and on behalf of the District shall be disclosed to any third parties, except to the extent necessary to the operation and maintenance of the service site. 

B. Information may only be gathered by a contracted third party hosted service in the aggregate and may only be used for the purposes of providing educational services to the District and for internal company use only. No personally identifiable information about any student may be utilized by the contracted third party hosted service for any reason without prior authorization (i.e., written or digital) by the District and parental consent as may be required by law. 

C. Any personally identifiable information regarding any student of the District maintained, retained, or gathered by a contracted third party hosted service must be destroyed in compliance with the legal requirements of law and District policies and rules. Personally identifiable information includes but is not limited to Permanent Student Records, Subsidiary Student Records, Special Education Records, and any Electronic Student Records as defined in District Rule 5720.1 

III. TERMINATION – REMOVAL OF RECORDS 

A. All data pertaining to any educational information of any student of the District shall be returned to the District upon termination of the contracted third party hosted service provider contract or other agreement at the option of the District. 

B. At no time will the District’s information or any student information maintained, retained, or gathered by the contracted third party hosted service be deemed to be the property of the service. 

C. Upon termination of any contract or the relationship with the contracted third party hosted service and after the return of all District and student information and date the service shall provide the District with a statement that all known copies of said information have been destroyed. 

IV. UTILIZATION OF TRACKING SOFTWARE, A/K/A “Cookie Technology” 

A. Tracking software or mechanisms which may be utilized by the contracted third party hosted service that allow the service to store information about a user on that user’s own computer shall not be allowed to collect any personally identifiable information except to the extent necessary to track the user’s activities within a particular site. When the contracted third party hosted services are terminated the tracking software or mechanism shall be removed or terminated. 

B. Any software or mechanism that allows the contracted third party hosted service to store its own information about a user on the user’s own computer which persists or remains a part of the user’s computer and which is or may be automatically activated, updated and shared with the service when the user reconnects to the service shall not be permitted except to the extent that as a “persistent cookie” it is utilized to retain individual unique password and/or user name information for the purposes of logging in to the contracted third party hosted service to access the site. 

C. Any information collected from or by the utilization of tracking software by a contracted third party hosted service may be retained by the service only to the extent reasonably necessary to upgrade, update and make navigation of the services’ site more efficient. 

D. Any and all information collected or maintained by a contracted third part hosted service shall be maintained or retained in compliance with the requirements of these rules and any other applicable policies or rules relating to personally identifiable educational information and in compliance with the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA).

Date of Adoption
June 2, 2003
Date of Revision
August 21, 2006
February 6, 2017
January 23, 2023

7400.2: Retention of Electronic Mail (E-Mail) Records

7400.2: Retention of Electronic Mail (E-Mail) Records holly Mon, 07/22/2019 - 11:21

The District shall take steps to ensure the retention of District electronic mail (e-mail) records that are deemed public records in compliance with the applicable state laws. 

1. RETENTION OF E-MAIL RECORDS. 

a. Standardized retention and filing guidelines shall be implemented by the District for the retention and retrieval of District e-mail designated for retention. 

b. Electronic Mail (e-mail) and all attachments transmitted, created or received through/on the District system are Public records and are subject to retention and public inspection, unless excluded by specific statute or legal privilege. State Records Admin. (S. of S.) Electronic Messaging and E-Mail Guidelines, §006.01, March 2003. 

c. E-mail of the District shall be categorized, retained and produced in accordance with State Statutes, applicable State Rules and District Policies. 

i. Any e-mail record containing information pertaining to the operations and business of the District and not otherwise excluded herein shall be maintained by the District and shall be available to the public for inspection and copying. 

ii. Any e-mail of the District which constitutes student records as that term is defined by Federal and State law and by the applicable District policies and rules shall be maintained by the District as required by law and District policy but shall not be disseminated as a public record. 

iii. Any e-mail of the District which constitutes confidential personnel information as that term is defined by Federal and State law and District policy and rule shall be maintained by the District as required by law and District policy but shall not be disseminated as a public record. 

iv. Any e-mail of the District which is subject to any legal privilege created and recognized by law or statute. Such records shall be retained and maintained by the District but shall not be disseminated as a public record. 

v. Transitory e-mail pertaining to or constituting informal or casual and routine communications similar to telephone conversations need not be retained. Such messages include, but are not limited to, personal e- mail, junk e-mail (“spam”), date and time confirmations, routine updates, and communications not necessary or essential to performing District functions or transacting District business. 

2. ACCESS OF E-MAIL RECORDS 

a. Throughout any required retention period e-mail records (archives) should be reasonably accessible. State Records Admin. (S. of S.) Electronic Messaging and E-Mail Guidelines, §006.12, March 2003. 

b. The District shall implement the necessary process and procedures for the storage, retention and retrieval of e-mail records on the District system. The District may use Records Management Application (RMA) software to manage records in a digital form, which complies with “Design Criteria Standards for Electronic Management Software Applications” as issued by the U.S. Department of Defense. State Records Admin. (S. of S.) Electronic Messaging and E-Mail Guidelines, §007.09, March 2003. 

c. The Superintendent or designee shall be responsible for the record keeping and management of any centralized electronic system by which e-mail is maintained, stored and provided, and shall provide for access to the e-mail of the District as required by law.

Date of Adoption
December 15, 2003
Reaffirmed
August 21, 2006
February 6, 2017
January 23, 2023

7500: Cellular Telephone, Telephone Equipment and Telephone Systems - Acceptable Use

7500: Cellular Telephone, Telephone Equipment and Telephone Systems - Acceptable Use holly Mon, 07/22/2019 - 11:24

Telephone communication, in its various forms, is an essential part of the  day-to-day operations of the Millard Public Schools. Telephone communications are utilized by District employees to effectively and efficiently conduct District business. The Superintendent or designee shall establish guidelines for the utilization of telephone communications and associated systems within the District.

Date of Adoption
March 21, 2005
Date of Revision
February 4, 2013
February 1, 2016
Reaffirmed
March 20, 2023

7500.1: Cellular Telephone, Telephone Equipment and Telephone Systems - Acceptable Use

7500.1: Cellular Telephone, Telephone Equipment and Telephone Systems - Acceptable Use holly Mon, 07/22/2019 - 11:27

Telephone communications includes, but is not limited to, analog, digital, Voice over Internet Protocol (VoIP) telephones, cellular telephones, faxes, pagers, voicemail, text messaging, and associated services. Telephone communications shall be cost effective, compliant with all applicable state and federal laws, and used for the business of the District. All District employees must comply with the following guidelines.

I.    District-Owned Telecommunications Equipment and Systems.

A.  The District shall provide District-owned cellular telephones to employees designated by the Superintendent. Such cellular phones shall be used only for District business. The personal use of such District-owned cellular phones is prohibited, except for very limited use permitted by this Rule and by Nebraska statutes. A violation of the District’s policy against personal use may be grounds for employee discipline and/or criminal sanctions as provided by Nebraska statutes.

B.  All telephones, cellular telephones, associated telephone and cellular equipment, faxes, pagers, voicemail, text messaging, and associated systems, and any messages contained with or generated by District-owned cellular telephones, telephone equipment and systems are the property of the District.

C.  All communications and records associated with the use of District-owned cellular telephones, telephone equipment or telephone systems may be public records and subject to public disclosure. Such communications and records are also subject to review and audit by the District. There is no individual right to privacy in the use of any District-owned cellular telephones, telephone equipment or telephone systems and any such use may be monitored as provided by this Rule

D.  All District-owned cellular telephones, telephone equipment and telephone systems are provided to assist employees in the performance of the duties and responsibilities during their employment with the District. Telephone communications should be limited in number and duration to those necessary to effectively conduct the business of the District.

E.  Employees may request the use of a District-owned cellular telephone or similar telecommunication device. Requests must be initially approved by the employee’s supervisor and the budget manager responsible for said expenditure. Completed requests are submitted to the Superintendent or designee for final review, approval and processing.


II.    Cellular Smartphones, Superintendent, Administrators, & Other Designated Staff

A.  The Superintendent, all administrators, and any other employees as may be designated by the Superintendent which, in the Superintendent’s judgment, are required to be readily available to conduct District business, may, in lieu of using a District-owned cellular phone, elect to purchase a cellular smartphone device, provided that such cellular-smartphone device is capable of receiving both voice and data service, has a service plan that includes both voice and data service, and is capable of meeting the technology (e.g., email) and security (e.g., MFA) requirements of the District. Those employees who elect to purchase a personal cellular smartphone device in lieu of receiving a District-owned cellular phone, may be provided a monthly stipend. Such cellular phones shall be the property of the employee and any stipend shall be included as part of the employee’s compensation. No other reimbursements above the stipend amount shall be allowed.

III.    The Technology Division shall be responsible for acquisition, installation, maintenance, and repair of all District-owned cellular telephones, telephone equipment and telephone systems. The Technology Division shall also be responsible for the administration of all of the District’s cellular telephones, telephones, and voicemail accounts.

IV.    Department supervisors are responsible for overseeing the use and policy compliance of District-owned cellular telephones, telephone equipment, and telephone systems.. The Technology Division shall be notified by the Department Supervisors of any needed additions, moves, or changes required to telephone communication services.

V.    District-owned landline telephones shall have voicemail service for designated staff. All voicemail boxes will be protected with a PIN (personal identification number). PINs shall not be shared with others unless approved to do so by their department’s supervisor. Voicemail is to be used as a backup in the event one is not available to answer a call. Each user is expected to respond to voicemail messages in a timely manner. When away from the office for an extended period of time the user should change their voicemail greeting to reflect this fact and direct callers to alternate contacts if possible.

VI.    Use of 411 directory assistance should be avoided since a fee is incurred with each use. Print or online directories should be consulted first.

VII.    Use of other pay-for-use telephone services (e.g. busy signal redial, last call return activation - *69, etc.) should only be used to facilitate the safety and security of District students and staff.

VIII.    Unacceptable Use. Personal use of District-owned cellular telephones, telephone equipment and telephone systems is prohibited, except for very limited personal use permitted by this Rule and by Nebraska state statutes. District-owned cellular phones, telephone equipment and telephone systems shall also not be used for the following purposes:

A.    Transmitting communications and messages that are obscene, profane, or offensive or transmitting any communications and messages while engaging in any illegal activity.

B.    Transmitting communications and messages that violate the District’s anti-harassment policy or transmitting communications and messages that create an intimidating or hostile work environment;

C.    Any unauthorized use of a PIN or other password;

D.    Solicitation or proselytization for commercial, religious, political, personal or any other reason not related to the conduct of the employee’s job duties;

E.    Soliciting to buy or sell goods or services unrelated to the business of the District;

F.    Calling 1-900 and similar pay-for-service phone numbers.

IX.    Limited Personal Use. Personal use of District-owned cellular phones, telephone equipment or telephone systems is permitted to contact a child at home, a teacher, a doctor, a day care center, a baby-sitter, a family member, or any other person to inform any such person of an unexpected schedule change or for other essential personal business. Such personal use shall be kept to a minimum and shall not interfere with the performance of District business. Employees shall reimburse the District for any additional cost charged to the District as a result of any acceptable personal use. Any other personal use of District-owned cellular phones, telephone equipment or telephone systems is strictly prohibited

X.    Monitoring. The District reserves the right to monitor, review and audit the use of all District-owned cellular telephones, telephone equipment and telephone systems. The monitoring of such equipment or systems may be done for any reasons. The District further reserves the right to search District-owned cellular phones, telephone equipment and telephone systems as part of any investigation into unauthorized use or as part of an investigation into any unauthorized or illegal conduct.

XI.    Supported Services and Repair. District-owned cellular telephones and telephone equipment that is damaged, lost, or stolen must be reported immediately to the Technology Division HelpDesk. If said equipment is damaged, lost, or stolen through acts of negligence, the employee who was assigned such damaged, lost, or stolen cellular phone or telephone equipment will be responsible for reimbursing the District for all repair and/or replacements costs.

XII.    Compliance. Use of District-owned cellular telephones, telephone equipment and telephone systems shall comply with all applicable policies and rules of the District, and with all applicable state and federal statutes. The District will provide all users with appropriate training for the use of such equipment.

Date of Adoption
March 21, 2005
Date of Revision
November 1, 2010
April 18, 2011
February 1, 2016
March 20, 2023

7500.2 Student Personal Digital Devices- Acceptable Use

7500.2 Student Personal Digital Devices- Acceptable Use jmcarson1 Thu, 02/06/2020 - 15:00

Each student will be provided a District issued digital device (e.g. laptop, Chromebook, iPad) to be used inside and outside of school to facilitate learning.  

Unless directed by the teacher to support a learning objective, personal digital devices (e.g. cell phones, personal laptops) are not permitted during class time.

The building principal, working in conjunction with building leadership, will develop cell phone or personal digital device expectations for their building and include them in the student handbook.  The expectations will include:

1.    The use of the device(s) during non-instructional times 
2.    Specific locations in the building where the device(s) may be used.  
3.    Consistent plan for storage of the device during instructional times
4.    Annual review of expectations with students and staff members.  

Classroom teachers will develop rules consistent with the building expectations and communicate the rules with students.  

The building principal will develop a communication plan for cell phone use and disseminate that information to parents, students, and teachers.  
 

Date of Adoption
February 3, 2020
Date of Revision
March 20, 2023

7600: Access Control and Video Management

7600: Access Control and Video Management holly Mon, 07/22/2019 - 11:30

The Board of Education has the responsibility to maintain and protect the property of the district and to provide for the safety and security of its students, staff and visitors.  To meet this responsibility, the District may utilize access control and video management systems at its facilities and in school buses and vehicles used by the District.  The use of such access control and video management systems shall be subject to the procedures promulgated by the Superintendent (or designee).

Date of Adoption
March 19, 2007
Date of Revision
May 2, 2016
Reaffirmed
January 9, 2023

8000: Internal Board Policies

8000: Internal Board Policies unanimous Thu, 02/28/2019 - 14:34
Reaffirmed
March 18, 2024

8100: Organization

8100: Organization holly Mon, 07/22/2019 - 11:33

 

The Millard Public School District is a duly organized Class III district and a body corporate possessing all the usual powers of a public corporation. The corporate name is Douglas County School District No. 17. It is also known as the Millard School District.

The Millard School Board, also known as the Board of Education, is the governing body of the Millard School District and shall consist of six members who are legal voters of the Millard School District. The school Board has and exercises quasi-judicial powers as provided by statute. The school Board may include at least one nonvoting member who is a public high school student in the District. A nonvoting member is excluded from closed or executive session of the school Board.

The six members of the Millard School Board shall serve terms of four years. The terms of office are staggered so that three members are elected each year of statewide primary and statewide general elections and shall take office on the first Thursday after the first Tuesday of the January following the election. The terms of three members whose terms expire shall expire on the first Thursday after the first Tuesday in January following the statewide primary and statewide general elections. Each elected member at the beginning of the member’s term shall take the oath of office required by law.

The Millard School Board shall select its own officers and make its own rules and regulations not inconsistent with any statute. At the first meeting of the school Board in January of each year and at the meeting when newly elected members take office and annually thereafter the school Board will elect from its members a president, vice-president, secretary and treasurer. No school Board member shall accept or receive any compensation for services performed in discharging the duties of his or her office.

In all meetings of the Millard School Board the majority of the members will constitute a quorum for the transaction of business. Regular meetings of the school Board shall be held on the first and third Mondays of each month except when postponed for good cause; provided however, that at least one of the meetings shall be held on or before the third Monday of the month.

 

Date of Adoption
February 4, 1974
Date of Revision
December 2, 2002
March 6, 2017
April 1, 2024
Reaffirmed
August 2, 2010

8110: Purpose and Role of the Board

8110: Purpose and Role of the Board holly Mon, 07/22/2019 - 11:36

 

Responsibilities of Local School Boards 

The responsibilities of the Millard Board of Education include: a legal responsibility for the control of public schools as the only agency in their community with this responsibility; a civic responsibility as the controlling agency providing a basically essential service to the life of the community; a social responsibility toward all who look to the schools as centers of growth and development for children, youth, and adults; as economic responsibility since there is a direct relationship between good schools and business prosperity; a moral and ethical responsibility to function courageously and impartially to assure the greatest good to the greatest number at all time. In the strong conviction that the American system of public school education will best meet the needs of the citizenry if all local school Boards throughout the United States recognize and meet their full responsibilities, the Millard Board of Education supports the following principles: 

I. School Boards shall function in a non-partisan, broadly representative, team- spirited manner. Every member of the school Board shall represent open- mindedly the entire school district, and, in consequence, must let his or her consideration for the entire district take precedence over every form of partisan and special interest group-political, racial, religious, geographic, economic, social, civic, or other. 

II. School Boards shall adopt clearly defined written policies, based on a thorough understanding of the education process. In formulating the policies they shall consult individuals and groups affected by the policies, and, since changing conditions bring changing needs, shall maintain flexible policies. They shall recognize that while school Boards are policy-making bodies, they properly delegate the execution of policy to employed professional administrators and their staffs. 

III. School Boards shall recognize that public schools belong to all the people, are supported by the people, and are designed to carry out the wishes of the people for the education of children and adults. The Board shall conduct Board business in open session and endeavor by every reasonable means to inform the public concerning the schools. 

IV. School Boards shall enlist citizen groups as needed to assist and counsel them, making certain that three principles are followed: 

A. Citizen groups shall be broadly representative; 

B. Recommendations shall be based on research and facts; 

C. Recommendations shall be submitted to the school board which alone has the authority to act upon them. 

V. School Boards shall plan and maintain a flexible program for the future, based on surveys and studies of population trends, possible economic changes, changing community attitudes, development in education, and all factors, which would affect their school systems. 

VI. School Boards shall work to maintain and improve the professional status of the teaching profession, and shall encourage potential candidates for teaching who will exemplify the highest ideals. 

VII. School Boards shall employ professional and non-professional personnel with competence and personal qualifications, which command community respect.Appropriate to the importance of their role in their communities, all personnel shall be adequately compensated to assure their economic security and their working conditions shall permit them to effectively exercise their skills and duties. 

VIII. School Boards shall establish and use free channels of communication with all of their personnel so that decisions affecting their interests and welfare may be made only after careful Board consideration has been given to their views, recommendations, needs, and grievances. 

Date of Adoption
February 4, 1974
Date of Revision
December 16, 2002
March 6, 2017
Reaffirmed
August 2, 2010
April 1, 2024

8111: Attendance Areas

8111: Attendance Areas holly Mon, 07/22/2019 - 11:38

The Board of Education will direct the Superintendent to establish or alter the geographical attendance area for each school and make assignments for student attendance in such schools for each grade level, Pre-K-5, 6-8 and 9-12, and shall enact such attendance areas upon board approval. Exceptions for students to attend a school other than the assigned attendance area school may be made through the intra-district transfer process on the basis of criteria established by the Board of Education and administered by the Superintendent or his designee.

Date of Adoption
November 16, 2009
Reaffirmed
September 4, 2018

8210: Orientation of New Board Members

8210: Orientation of New Board Members holly Mon, 07/22/2019 - 11:40

The Board of Education shall provide orientation for new incoming Board members of the Board of Education.

Date of Revision
December 17, 1990
September 9, 1996
December 2, 2002
October 1, 2018
Reaffirmed
August 15, 2011

8210.1: Orientation of New Board Members

8210.1: Orientation of New Board Members holly Mon, 07/22/2019 - 11:42


 

I. Documentary materials applicable and appropriate for performance of the duties and responsibilities of school board members will be given to each new incoming Board member. The materials shall be supplied by the Superintendent who will review and explain the use and purpose of the documents and materials. The Superintendent shall introduce the new incoming Board members to administrative personnel and the Superintendent and the administrators shall review, explain and discuss the services each performs for the Board. 


II. Upon election, the newly elected incoming Board members shall be invited and encouraged to attend Board meetings and also the Nebraska Association of School Boards Convention workshops held in November. 

III. The new incoming Board members shall be advised of the rules of attorney/client communications as those rules apply to the Board and restrictions on the disclosure of such communications. The new incoming members shall be advised as to the care and custody of confidential information received as a Board member and the legal restrictions on the disclosure of the contents of staff and student files. 

IV. The Board President will be responsible for conducting an informational session with the new incoming Board members before the incoming member takes office. No more than two other Board members shall attend the informal session. The new incoming members, at the informal session, will be advised on the laws which pertain to open and closed or executive sessions and meetings and Robert’s Rules of Order. The new incoming members, shall be given by the Board President, a copy of a current edition of Robert’s Rules of Order. New incoming Board members shall be furnished a computer and be provided Internet access. 

V. New incoming Board members will be provided with an identification badge, which shall be worn whenever the Board member is on District property and performing duties as a Board member. 

VI. New incoming Board members and re-elected Board members will be installed by the Board President or designee and take the oath of office at the first meeting of their terms.
Date of Adoption
December 2, 2002
Date of Revision
August 15, 2011
October 1, 2018

8220: Opportunities for Development

8220: Opportunities for Development holly Mon, 07/22/2019 - 11:43

 

The Board places a high priority on the importance of a planned and continuing program for the education of its members. The ultimate purpose of this program is to enhance the quality and effectiveness of public school governance in the Millard School District community and a well informed Board of Education is a key part in accomplishing that purpose.

Funds shall be budgeted annually to support this program. Board members shall be reimbursed for out-of-pocket costs incurred in participation in approved activities in accordance with District policy and State law. Members of the Board may select the method and means for improving the Board member’s ability to perform Board duties and subject to the authority of the Board to approve or disapprove of the Board member’s selection of means and methods of Board development. 

The following are types of activities and services, among others, appropriate for implementing this Policy:

1. Participation in school board conferences, workshops, and conventions conducted by the Nebraska and the National School Boards Association.


2. District sponsored training sessions for Board members.


3. Publications provided by the District that address the concerns of Board members.

Date of Adoption
February 4, 1974
Date of Revision
December 16, 2002
December 3, 2018
Reaffirmed
October 3, 2011

8225: Use of Public Funds

8225: Use of Public Funds holly Mon, 07/22/2019 - 11:46

 

The Board will follow state and federal laws and regulations governing the expenditures of public funds. The Local Government Miscellaneous Expenditure Act (Neb. Rev. Stat. §13-2201 through 13-2204) provides a legal basis for certain types of expenditures for which there previously had been no statutory authority or for which there had been questionable legal authority. 

The Nebraska Accountability and Disclosure Commission has adopted a document entitled Use of Public Funds by Cities and Villages. The Board recognizes the following general guidelines of the Commission: 

1. Public funds may be used to purchase plaques, certificates, and similar items of acknowledgement or appreciation for elected or appointed public officials, employees, or volunteers of the local government; provided however, the governing board shall, by official action after a public hearing, establish a uniform policy which sets a dollar limit on the value of any plaque, certificate of achievement, or item of value to be awarded. The policy may not be amended or altered more that once in any twelve-month period. 

The Board hereby establishes the following maximum dollar limits of value: 
        Plaques $25.00 
        Certificates of achievement $10.00 
        Retirement gift $75.00 
        Thirty-year service recognition gift $50.00 

2. Public funds may not be expended for the expenses of a spouse of a public employee or public official in connection with attendance at a conference. The Local Government Miscellaneous Expenditure Act specifically prohibits using public funds to pay the expenses of a spouse of an elected or appointed official. The Accountability and Disclosure Act prohibits the use of public funds for the financial benefit of an immediate family member of a public official or public employee. 

3. Public funds may not be expended for flowers and memorials for deceased elected officials, employees or their families. 

4. Public funds may be expended for a recognition dinner for elected officials and employees. The Local Government Miscellaneous Expenditure Act provides that one recognition dinner each year may be held for elected and appointed officials, employees, or volunteers of the local government. It provides, however, that the maximum cost per person for the dinner must be established by formal action of the governing body and may not exceed $50. The Board hereby establishes the maximum cost per person at $50. 

5. Monies received from vending machines on District property are public funds. The use of this money is subject to the same restrictions placed on any other public funds regardless of its source. 

6. Monies received from recycling aluminum cans are not subject to restrictions placed on public funds, since the cans are the property of the purchasing consumer. It is permissible to allow the consumer to voluntarily deposit their aluminum cans in a receptacle on District property. The proceeds of the sale of the cans are not restricted. 

Date of Adoption
September 9, 1996
Date of Revision
August 3, 1998
November 19, 2018
Reaffirmed
February 17, 2003
September 19, 2001

8230: Remuneration and Reimbursement

8230: Remuneration and Reimbursement holly Mon, 07/22/2019 - 11:56

 

Members of the Board shall be reimbursed for all necessary expenses incurred in attending any meetings or in making any trips on official business for the School District when so authorized by the Board.

Date of Adoption
February 4, 1974
Date of Revision
September 9, 1996
August 3, 1998
March 3, 2003
Reaffirmed
October 3, 2011
January 9, 2017

8230.1: Remuneration and Reimbursement

8230.1: Remuneration and Reimbursement holly Mon, 07/22/2019 - 11:59

 

Reimbursements and remuneration to board members shall be made through the board treasurer in accordance with the following guidelines:

1. Each board member may attend one major convention per fiscal year; provided, however, that the board member has notified the board in a regular or special meeting of the intention to attend the meeting and the identification thereof. Attendance at any additional meetings or events for which the board member wishes to be reimbursed for expenses shall be approved by the board before the expenses are incurred. 

2. Car rental expenses related to the board member’s attendance at meetings will be reimbursed. 

3. Board members will pay expenses for spouses or family members who might accompany him or her on a trip, if that expense would not have been otherwise incurred by the board member. 

4. Lodging, registration, and reservations may be made through the Superintendent’s secretary. 

5. Board members will be reimbursed for reasonable and necessary expenses incurred when traveling. Board members will be reimbursed at the current rate established by the Nebraska Department of Administrative Services for use of his or her automobile while on board business and in accordance with rules and opinions of the Nebraska Accountability and Disclosure Commission. A mileage report will be submitted to the District for reimbursement. 

6. Board members will be reimbursed for materials purchased, which are deemed necessary by the board for Board purposes, such as books and other publications. Those materials will become property of the District and will become part of the board library. 

7. Office supplies will be obtained from the central office. A board member will not be reimbursed for the purchase of any supplies by that board member without prior approval of the board. 

8. Actual and necessary expenses for long distance telephone calls and broadband internet access will be reimbursed when approved by the board. Installation and monthly charges for a broadband internet connection that is to be used exclusively for communication with constituents, internet access, and other board business will be reimbursable. Bills are to be submitted to the District. 

9. A computer meeting the "district standard" shall be loaned to each requesting board member during his or her term of office to assist in fulfilling their responsibilities as a board member. Upon retiring from the Board of Education, the board member will be offered the opportunity to purchase the loaned computer based on fair market value. Board members will also be offered the opportunity to purchase the computer based on fair market value should the computer be replaced during their term of office. Such sales must be approved by a two-thirds vote of the entire board.

Date of Adoption
September 9, 1996
Date of Revision
August 3, 1998
July 15, 2002
September 20, 2004
November 21, 2005
January 9, 2017
Reaffirmed
April 1, 2013

8240: Retirement - Members of the Board

8240: Retirement - Members of the Board holly Mon, 07/22/2019 - 12:03

Upon completion of his or her final term as a member of the Board of Education, the member will be publicly recognized and thanked for his or her service to the District. Public recognition shall be entered into the minutes of the Board.

Date of Adoption
November 17, 1980
Date of Revision
September 9, 1996
March 3, 2003
Reaffirmed
October 15, 2012
September 3, 2019

8240.1: Retirement - Members of the Board

8240.1: Retirement - Members of the Board holly Mon, 07/22/2019 - 12:07

 

When members of the Board of Education complete their final terms, they will receive:

1. A pass to attend, without any charge for attendance or admission, all school activities for as long as the former Board member desires.

2. An invitation to special school and District events.

3. A plaque recognizing their service.

Members of the Board who have completed their terms will be invited to present diplomas to his or her graduating children. The name of the retired Board member shall be added to the past Board plaque.

Date of Revision
December 3, 1990
September 9, 1996
March 3, 2003
Reaffirmed
October 15, 2012
September 3, 2019

8250: Conflict of Interest

8250: Conflict of Interest holly Mon, 07/22/2019 - 12:10

 

A. Contracts Exceeding $2,000.00 

Unless otherwise provided by law, no Board members, or a member of that individual's immediate family, or business with which the Board member is associated, shall enter into a contract valued at $2,000.00 or more, in any one year, with the District unless the contract is awarded through an open and public process which includes prior public notice and subsequent availability for public inspection during the regular office hours of the District of the proposals considered and the contract awarded. No contract shall be divided for the purpose of evading the requirements of this Policy. This Policy shall not apply to a contract when the Board member does not in any way represent either party in the transaction. 

B. Interest in Contracts 

Except as provided herein, no Board member may have an interest in any contract to which the Board, or anyone for its benefit, is a party. This prohibition shall apply only when the Board member, his or her parent, spouse, or child (a) has a business association with the business involved in the contract or (b) will receive a direct pecuniary fee or commission as a result of the contract. This prohibition shall not apply if the contract is an agenda item approved at a Board meeting and the Board member: 

            1. Makes a declaration on the record to the Board regarding the nature and extent of his or her interest prior to official consideration of the contract; 

            2. Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the Board declaring an interest in the contract would prevent the Board with all members present from securing a quorum on the issue, then all members may vote on the matters; and 

            3. Does not act for the District as to inspection or performance under the contract in which he or she has an interest. 

The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of the District by a financial institution shall not be considered a contract for purposes of this section. The ownership of less than five percent of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. 

C. Employment of Family Members 

A Board member may employ, recommend the employment of, or supervise the employment of a member of the Board member's immediate family if he or she does not abuse his or her official position, makes a full disclosure on the record to the Board and a written disclosure to the person in charge of keeping records for the Board, and the Board approves the employment or supervisory position. No Board member shall employ an immediate family member without first having made a reasonable solicitation and consideration of applications for such employment, or an immediate family member who is not qualified for and able to perform the duties of the position, or for any unreasonably high salary, or who is not required to perform the duties of the position. This section shall not apply to an immediate family member of a Board member who (1) was previously employed in a position subject to this section prior to the election or appointment of the Board member, or (2) was employed in a position subject to this section prior to September 1, 2001. Any newly elected or appointed Board member shall make a full disclosure of any immediate family member employed in a position subject to this section prior, upon, to or as soon as reasonably possible after the official date of taking office. 

If a Board member's parent, spouse, or child is an employee of the District, the Board member may vote on all issues of any contract which are generally applicable to (a) all employees or (b) all employees within a classification and do not single out his or her parent, spouse, or child for special action. 

D. Personal Gain Prohibited 

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

No Board member shall use or authorize the use of his or her office or any confidential information received through the holding of his or her office to obtain financial gain, other than compensation provided by law, for himself or herself, or a member of his or her immediate family, or a business with which the Board member is associated. 

No Board member shall use personnel, resources, property, or funds under his or her official care and control, other than in accordance with prescribed constitutional, statutory and regulatory procedures, or use such items, other than compensation provided by law, for personal financial gain. 

E. Definitions 

1. "Business with which the individual is associated" or "business association" shall mean a business: (1) in which the individual is a partner, limited liability company member, director, or officer; or (2) in which the individual or a member of the individual's immediate family is a stockholder of closed corporation stock worth one thousand dollars or more at fair market value or which represents more than a five percent equity interest, or is a stockholder of publicly traded stock worth ten thousand dollars or more at fair market value or which represents more than a ten percent equity interest. An individual who occupies a confidential professional relationship protected by law shall be exempt from this section. This section shall not apply to publicly traded stock under a trading account if the filer reports the name and address of the stockholder. 

2. "Immediate family" shall mean a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes.

Date of Adoption
November 19, 1990
Date of Revision
November 19, 2018
Reaffirmed
December 2, 2002
September 6, 2011

8251: A Code of Ethics for School Board Members

8251: A Code of Ethics for School Board Members holly Mon, 07/22/2019 - 12:15

 

I. As a member of my local Board of Education, representing all the citizens of my school district, I recognize

1. That my fellow citizens have entrusted me with the educational development of the children and youth of this community.

2. That the public expects my first and greatest concern to be in the best interest of each and everyone of these young people without distinction as to who they are or what their background may be.

3. That the future welfare of this community, of this State, and of the Nation depends in the largest measure upon the quality of education we provide in the public schools to fit the needs of every learner.

4. That my fellow Board members and I must take the initiative in helping all the people of this community to have all the facts all the time about their schools, to the end that they will readily provide the finest school program, school staff, and school facilities.

5. That legally the authority of the Board is derived from the State which ultimately controls the organization and operation of the school district and which determines the degree of discretionary power left with the Board and the people of this community for the exercise of local autonomy.

6. That I must never neglect my personal obligation to the community and my local obligation to the State, nor surrender these responsibilities to any other person, group, or organization; but that, beyond these, I have a moral and civic obligation to the Nation which can remain strong and free only so long as public schools in the United States of America are kept free and strong.


II. In view of the foregoing consideration, it shall be my constant endeavor:

1. To devote time, thought, and study to the duties and responsibilities of a school board member so that I may render effective and creditable service.

2. To work with my fellow Board members in a spirit of harmony and cooperation in spite of differences of opinion that arise during vigorous debate of points at issue.

3. To base my personal decision upon all available facts in each situation; to vote my honest conviction in every case, unswayed by partisan bias of any kind; thereafter, to abide by and uphold the final majority decision of the Board.

4. To remember at all times that as an individual I have no legal authority outside the meetings of the Board, and to conduct my relationships with the school staff, the local citizenry, and all media of communication on the basis of this fact.

5. To resist every temptation and outside pressure to use my position as a school Board member to benefit either myself or any other individual or agency apart from the total interest of the school district.

6. To recognize that it is as important for the Board to understand and evaluate the educational program of the schools as it is to plan for the business of school operation.

7. To bear in mind under all circumstances that the primary function of the Board is to establish the policies by which the schools are to be administered, but that the administration of the educational program and the conduct of school business shall be left to the employed Superintendent of schools and his professional and non-professional staff.

8. To welcome and encourage active cooperation by citizens, organizations, and the media of communication in the district with respect to establishing policy on current school operation and proposed future development.

9. Finally, to strive step-by-step toward ideal conditions for most effective school board service to my community, in a spirit of teamwork and devotion to public education as the greatest instrument for the preservation and perpetuation of our representative democracy.

Date of Adoption
February 4, 1974
Date of Revision
August 1, 2011
Reaffirmed
December 16, 2002
September 4, 2018

8260: Employee Recognition

8260: Employee Recognition holly Mon, 07/22/2019 - 12:18

Each year, employees who have served the District for 10 years, 15 years, 20 years, 25 years, 30 years, 35 years and beyond, in five-year increments, will be honored by a Board dinner. A plaque will be given to 10-year honorees. A plaque attachment designating years of service will be given to honorees as the honorees complete the service of each successive five year increment. Beginning with the 30th year, employees will receive a special gift designated by the Board. The budget for this employee recognition shall be set annually by the Board and will comply with expenditure rules established by the Nebraska Accountability and Disclosure Commission

Date of Adoption
September 9, 1996
Date of Revision
March 3, 2003
Reaffirmed
September 19, 2011
November 5, 2018

8270: Remembrances and Congratulations

8270: Remembrances and Congratulations holly Mon, 07/22/2019 - 12:20

Reasonable and appropriate expressions of sympathy or congratulations in the name of the District may be sent to members of the community, elected officials and employees of the District as directed by the Board President.

Date of Adoption
September 9, 1996
Date of Revision
March 3, 2003
Reaffirmed
October 3, 2011
November 19, 2018

8320: Formulation of Bylaws

8320: Formulation of Bylaws holly Mon, 07/22/2019 - 12:22

The Board’s bylaws are rules designed to organize and control its internal procedures and operations. Some bylaws are in accordance with requirements of statute. Other bylaws may be formulated and adopted by the Board itself as long as they are not inconsistent with any statutes. 

In its deliberations leading to the establishment or amendment of its bylaws, the Board’s concern and objective will be the increased efficiency and effectiveness in carrying out its legally mandated tasks and for the best interests of the District in performing its educational responsibilities.

The Board will formulate and adopt a bylaw safeguarding the right of Board members to be informed of and to participate fully in the discussion of each proposed new or amended bylaw. The Board's bylaws shall be amended, repealed or enacted after two readings. The readings shall be at successive regular meetings unless tabled in accordance with Robert’s Rules of Order.

Date of Adoption
February 4, 1974
Date of Revision
December 16, 2002
January 7, 2019
Reaffirmed
October 3, 2011

8330: Formulation of Administrative Regulations

8330: Formulation of Administrative Regulations holly Mon, 07/22/2019 - 12:27

The Superintendent shall implement the policies of the Board and provide for the District to meet the requirements of law. He or she shall, from time to time, formulate and enact rules and regulations for the operating of the schools of the District and District activities.

The rules and regulations shall be approved by the Board prior to the effective date of the rules and regulations.

The Superintendent may delegate to building principals and other administrators authority to formulate and establish rules and regulations for buildings and activities. The rules and regulations of the building principals and administrators shall be subject to the approval of the Superintendent and Board.

The Superintendent or his or her designee shall select the means of publication to inform persons and organizations to which the rules and regulations apply.

Date of Adoption
February 4, 1974
Date of Revision
March 3, 2003
Reaffirmed
September 19, 2011
November 19, 2018

8340: Meetings

8340: Meetings holly Mon, 07/22/2019 - 13:10

All Board meetings shall be open to the public unless the majority affirmatively votes for a closed session as provided by law. Board meetings shall be held at a stated time and place.

A quorum consists of the majority of the Board. Unless otherwise provided by law that the item of business requires a majority vote of all the Board members, a majority vote of the quorum shall be sufficient for the passing of the matter presented to the Board. 

Date of Adoption
August 12, 1991
Date of Revision
December 16, 2002
Reaffirmed
August 1, 2011
September 17, 2018

8340.1: Notice of Meetings and Contents of the Agenda 

8340.1: Notice of Meetings and Contents of the Agenda  holly Mon, 07/22/2019 - 13:22

Notice of Meetings and Contents of the Agenda 

Reasonable advance publicized notice of the time and place of all meetings shall be transmitted to all Board members and to the public by a method designated by the Board and recorded in the minutes. The notice shall contain an agenda of subjects known at the time of the publicized notice, or a statement that the agenda, which shall be kept continually current, shall be readily available for public inspection at the Don Stroh Administration Center during normal business hours. Except for items of an emergency nature, the agenda shall not be altered later than twenty-four (24) hours before the scheduled commencement of the meeting. 

Board Meetings and Committee Meetings will begin at 6:00 p.m. If there would be any deviation from these times, it will be publicized in an advance notice of the meeting(s). 

The Secretary or other designee of the Board shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed at that meeting. 

Emergency Meetings 

When it is necessary to hold an emergency meeting without reasonable advanced public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. If any news media have requested notification of Board meetings, the Secretary or other designee shall make reasonable efforts to provide advance notification to them of the time and place of the emergency meeting and the subjects to be discussed at that meeting. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day. 

Date of Adoption
August 12, 1991
Date of Revision
April 13, 2009
August 1, 2011
September 17, 2018
Reaffirmed
December 16, 2002

8340.2: Rights of the Public

8340.2: Rights of the Public holly Mon, 07/22/2019 - 13:28

Rights of the Public 

The public shall have the right to attend and the right to speak at Board meetings, and all or any part of a Board meeting, except for closed sessions, may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance by means of a tape recorder, camera, video equipment, or any other means of pictorial or sonic reproduction or in writing. 

The Board may make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting, or recording Board meetings. 

The Board is not required to allow citizens to speak at each meeting, but shall not forbid public participation at all meetings. 

No members of the public shall be required to identify themselves as a condition for admission to the meeting. The Board may require any member of the public desiring to address the Board to identify himself/herself. 

Upon request, the Board shall make a reasonable effort to accommodate the public’s right to hear the discussion and testimony presented at the meeting. 

The Board shall make available at the meeting, for examination or copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting. 

At least one current copy of the Open Meetings Act shall be made available by posting in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public shall be informed about the location of the posted information.

Date of Adoption
August 12, 1991
Date of Revision
September 17, 2018
Reaffirmed
December 16, 2002
August 1, 2011

8340.3: Chance Meetings, Conventions, and Workshops

8340.3: Chance Meetings, Conventions, and Workshops holly Mon, 07/22/2019 - 13:42

Chance Meetings, Conventions, and Workshops

Policies and rules drafted for the conduct of Board meetings shall not apply to chance meetings or to attendance at or travel to conventions or workshops of Board members at which there is no convened meeting of the Board and provided that there is no vote or other action taken regarding any matter over which the Board has supervision, control, jurisdiction, or advisory power.

Date of Adoption
August 12, 1991
Date of Revision
December 16, 2002
Reaffirmed
August 1, 2011
September 17, 2018

8341: Meetings - Types

8341: Meetings - Types holly Mon, 07/22/2019 - 13:47

The board of Education will call different types of meetings including but not limited to: regular meetings, special meetings, emergency meetings, adjourned meetings, closed meetings and continued hearings.

Date of Adoption
August 12, 1991
Date of Revision
June 16, 2003
March 4, 2019
Reaffirmed
December 16, 2002
August 1, 2011

8341.1: Reasons for Having Closed Meetings

8341.1: Reasons for Having Closed Meetings holly Mon, 07/22/2019 - 13:49

A closed session may be held by the affirmative vote of a majority of the Board, if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such reasons as: 

    A. Strategy sessions with respect to collective bargaining, real estate purchases, or pending litigation or litigation which is imminent; 

    B. Discussion regarding deployment of security personnel or devices; 

    C. Investigative proceedings regarding allegations of criminal conduct; 

    D. Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting. 

Nothing in this Rule shall be construed to require that any meeting or session be closed to the public. 

Nothing in this Rule shall permit a closed meeting or session for discussion of the appointment or election of a new member to the Board.

Date of Adoption
August 12, 1991
Date of Revision
December 16, 2002
March 4, 2019

8341.2: Internal Board Policies

8341.2: Internal Board Policies unanimous Thu, 08/01/2019 - 13:57

Regular Meetings 

Regularly scheduled meetings may be of two kinds: business or educational. The latter type may be held for the purpose of reviewing and evaluating the school program, or the development and discussion of policy. 

Special (or Called) Meetings 

Special (or called) meetings are to be held to address important matters that may arise between regular meetings and that urgently require action by the Board before the next regular meeting. 

Special meetings may be called by the Board president or any two Board members, but all members shall have notice of the time and place of the meeting. Ordinarily, no business shall be transacted except that for which the meeting is called or which is otherwise permitted by law. 

Emergency Meetings 

Emergency meetings may be called if circumstances exist which require immediate action by the Board. The nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. 

Adjourned Meetings 

Adjourned meetings shall serve as a continuation of a regular meeting, and not as an emergency or called meeting. 

Closed Meetings 

The Board may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close. The vote to hold a closed session shall be taken in open session. The entire motion, the vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. If the motion to close passes, the Board president immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. The Board shall restrict its consideration of matters during the closed session to only those purposes set forth in the motion to close as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken on the matters, which were considered in the closed session. 

Any Board member shall have the right to challenge the continuation of a closed session if the Board member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the Board member contends that the closed session is neither necessary for (a) the protection of the public interests or (b) the prevention of needless injury to the reputation of an individual. Such challenge shall be overruled only by a majority vote of the Board. Such challenge and its disposition shall be recorded in the minutes. 

Hearings 

Hearings by the Board or a committee of the Board will be held as required or otherwise permitted by law. 

Any hearing being held, or noticed or ordered to be held, may by motion approved by the members present be continued or recontinued to a subsequent date; provided, however, that all parties to the hearing shall be informed of the date and place of the continued hearing. If a party to the hearing is not present at the hearing, written notice of the date and time of the continued hearing shall be served as soon as reasonably possible on the non-present party at his or her last known address. 

Date of Adoption
March 4, 2019

8342: Determining the Agenda

8342: Determining the Agenda holly Mon, 07/22/2019 - 13:54

 

The Superintendent of Schools and the President of the School Board shall have the responsibility for developing the agenda.

Date of Adoption
February 4, 1974
Reaffirmed
December 16, 2002
October 3, 2011
December 3, 2018

8360: Photo Identification Badges

8360: Photo Identification Badges holly Mon, 07/22/2019 - 13:56

Each Board member will be issued a photo identification badge. Each Board member must wear the badge in a clearly visible location on the Board member’s clothing while performing his/her duties while on District property. The badge will admit the Board member and one guest to District sponsored activities.

Date of Adoption
March 4, 2002
Date of Revision
November 5, 2012
Reaffirmed
September 3, 2019
May 15, 2023

8400: Hiring a Superintendent

8400: Hiring a Superintendent holly Mon, 07/22/2019 - 13:57

 

The Board of Education will employ a Superintendent of Schools to administer the educational program of the District in accordance with the policies and directives of the Board of Education. 

The following procedure will be used for the selection and employment of the Superintendent: 

1. Board acceptance of a resignation or a receipt of a retirement letter from the Superintendent, death of the Superintendent, or cancellation of the Superintendent’s contract pursuant to State law shall cause the process for the employment of a Superintendent to begin. 

2. A time line and allocation of funds to conduct the search will be developed and approved by the Board. 

3. The Board will develop and approve criteria and procedures for selecting a Superintendent and in the development of such criteria and procedures may request and receive input from staff members, business and community leaders and parents.

4. The Board will determine salary range, fringe benefits, term of office, and terms and conditions relating to contract termination to be included in the contract. The Board will also prescribe the job description and time lines for evaluations. 

5. The candidate selected will be contacted by the President and Secretary to confirm the candidate’s acceptance of the position and the contract terms and conditions prior to the presentation of the contract to the Board for approval. 

6. The Board of Education will elect the Superintendent at a regular Board meeting by a majority vote of all members of the Board. The Superintendent elect shall be notified as to the date of the Board meeting in order that any public announcement will be coordinated with the Superintendent elect. 

7. The Board President will notify all unsuccessful applicants of the election of the Superintendent. 

8. All candidate application materials shall be retained and shall be disposed of four years after the date of the applications. All application materials submitted by the applicants, other than finalists, will be withheld and not produced in response to a public records request in accordance with Neb. Rev. Stat. § 84-712.05(15).

Date of Adoption
December 5, 1994
Date of Revision
November 5, 2012
Reaffirmed
December 16, 2002
September 21, 2020

8410: Evaluating the Superintendent

8410: Evaluating the Superintendent holly Mon, 07/22/2019 - 14:02

The Superintendent shall be evaluated twice during the first year of employment and at least once annually thereafter. The evaluation instrument to be used in the evaluation of the Superintendent shall be in the form established by the Board of Education.

Date of Adoption
January 21, 2013
Reaffirmed
September 3, 2019

9000: Bylaws of the Board

9000: Bylaws of the Board unanimous Thu, 02/28/2019 - 14:34

9000: General Policy Statement

9000: General Policy Statement unanimous Tue, 07/30/2019 - 17:10

 

Bylaws are rules or procedures adopted by the Board to govern its internal operations.  The use of such bylaws helps the Board to comply with the responsibilities and duties delegated to it by law and by the local electorate, in an efficient and effective manner.  

All actions of the Board shall be taken only in official Board meetings called, scheduled, and conducted according to these bylaws and the statutes of the state.  

Board bylaws, policies and rules shall be subject to suspension for a specified purpose and limited time by vote of the Board at a meeting duly called for which the proposed suspension has been described in writing, or upon a two-thirds vote of all members of the Board when no such written notice has been given.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003
August 19, 2019
Reaffirmed
March 19, 2012

9100: Filling Vacancies

9100: Filling Vacancies holly Mon, 07/22/2019 - 14:07

A.  School Board Vacancies:

A position on the Board shall be vacant, except as provided in Neb. Rev. Stat.§32-561 for military service, upon the happening of any one of the following events at any time before the expiration of the term of such office:

 

1)    Resignation of the incumbent;

 

2)    Death of the incumbent;

 

3)    Removal of the incumbent from office;

 

4)    Decision of a competent tribunal declaring the office of the incumbent vacant;

 

5)    Incumbent ceasing to be a resident of the District;

 

6)    Failure to elect at a proper election when there is no incumbent to continue in office until his or her successor is elected and qualified;

 

7)    Failure of a candidate elected to the Board to qualify for such office;

 

8)    Forfeiture of office as provided by law;

 

9)    Conviction of a felony or of any public offense involving the violation of the oath of office of the incumbent;

 

10)   Incumbent on the Board assuming another elective office as provided in subsections (2) and (3) of Neb. Rev. Stat. §32-604.; or

 

11)   When a Board member is absent from the District for a continuous period of sixty days at one time or from more than two consecutive regular meetings of the Board  unless excused by a majority of the remaining members of the Board.

 

B.      Filling a School Board Vacancy:

1)    A vacancy on the Board resulting from any cause other than the expiration of a term shall be temporarily filled by appointment of a qualified registered voter by the remaining members of the Board for the remainder of the unexpired term. A registered voter appointed or elected pursuant to this subsection shall meet the same requirements as the member whose office is vacant.

 

2)     If the Board fails to fill a vacancy on the Board, the vacancy may be filled by election at a special election or school district meeting called for that purpose. Such election or meeting shall be called in the same manner and subject to the same procedures as other special elections.

 

3)    If there are vacancies in the positions of a majority of the members of the Board, the Secretary of State shall be requested to conduct a special school district election to fill such vacancies.

Date of Adoption
March 18, 1991
Date of Revision
December 2, 1996
June 16, 2003
August 19, 2019
Reaffirmed
April 16, 2012

9100.1: School Board Vacancies - Procedure for Filling

9100.1: School Board Vacancies - Procedure for Filling holly Mon, 07/22/2019 - 14:10

When a vacancy exists on the Board it shall be filled as provided by law and by the following procedures.

1. At the first regular meeting of the Board after the vacancy exists, the Superintendent shall provide the legal qualifications for appointment to the Board, the length of the term remaining, and a proposed schedule for receiving applications for appointment to the vacancy.

2 The Board at that meeting shall establish the final date for filing of applications, which date shall be no sooner than 30 days after the publication of notice in a legal newspaper announcing the existence of the vacancy, qualifications for the position and inviting applications for appointment to fill the vacancy, and communication to the news media notifying the public of the existence of the vacancy and the final date for the filing of application to fill the vacancy.

3. The Board will establish the form applications shall take, including:

a) a resume containing routine personal data (name, address, telephone numbers, email, etc.) a summary of the candidates education and experience, and a statement indicating why they are qualified for appointment to the Board; and,

b) a petition signed by at least 50 (fifty) registered voters from the District, using a petition available from the Secretary of the Board.

4. Completed applications will be filed with Secretary of the Board no later than 4:30 pm on the date applications are due. The documents will be date stamped and reviewed for compliance with these procedures.

5. The Secretary of the Board will, in conjunction with the Douglas and Sarpy County Election Commissioners, review the petitions and determine if 50 or more registered voters of the District 17 have supported each applicant. The Board Secretary will notify each applicant whether their petition was valid or invalid.

6. The Secretary of the Board will forward copies of the resumes and petitions to each member of the Board as each eligibility determination is made. Unless more time is needed to verify the petitions, all resumes and petitions will be sent to Board members within seven days of the application deadline. Board members will review the resumes in the form they are received.

7. At the next regular meeting of the Board following the identification of all qualified candidates, if the number of candidates exceeds five, the list of candidates shall be reduced to five finalists. Each Board member shall vote for five candidates to be finalists for the position. The vote will be by roll call. Only persons submitting resumes and valid petitions may receive votes. The five candidates receiving the most total votes will be finalists for appointment. In the event of a tie for the fifth position, the Board will reconsider only those candidates tied for fifth in order to break the tie. Tie-breaking votes shall be by secret ballot.

8. The Superintendent shall notify, by telephone, all candidates as to whether they received sufficient support to become a finalist for the position.

9. At the next meeting of the Board Committee of the Whole following the selection of the finalists, the Board will interview the finalists. Approximately 30 minutes will be allowed for each candidate. The candidates will be asked to make a maximum five-minute statement concerning their qualifications, followed by a 25-minute question and answer period. The order of appearance of the candidates will be determined by a random drawing prior to publishing the meeting agenda.

10. The election of the new Board member will be placed on the agenda of the next regularly scheduled Board meeting following the interviews. The election will be by roll call from the names of the candidates interviewed without nominations from the floor. Voting will continue until one candidate receives a majority of votes. When the tally determines an applicant has been selected for appointment to the Board, the vote and the appointment shall be ratified by a roll call vote.

11. The Board’s legal counsel, with the assistance of the office of the Superintendent, shall oversee the conduct of the election and the tally of the votes. The ballots shall become a part of the records of the District.

School Board Office Vacancies - Procedure for Filling

Should a vacancy exist in one of the offices specified in District Policy 9111, the office will be filled at the next regular meeting of the Board using the procedure specified in Rule 9111.1.

Date of Adoption
January 27, 1997
Date of Revision
July 7, 1997
June 16, 2003
August 19, 2019
Reaffirmed
April 16, 2012

9111: Election of Officers

9111: Election of Officers holly Mon, 07/22/2019 - 14:12

Officers of the Board will be elected at the organizational meeting in January. Ballots will be distributed to Board members present at the meeting for the election of each officer. A secret ballot will be used for the election of each officer, but the total number of votes for each candidate shall be recorded in the minutes. An officer will be elected when one individual receives a majority of the votes cast for a position. No Board member is eligible to serve in more than one office at the same time. No Board member may serve more than two consecutive years in the same office.

Date of Adoption
September 2, 1980
Date of Revision
September 9, 1996
June 16, 2003 (renumbered on June 16, 2003 from 9121.1)
Reaffirmed
March 5, 2012
July 8, 2019

9111.1: Board Officers

9111.1: Board Officers holly Mon, 07/22/2019 - 14:16

The officers of the Board shall be President, Vice-President, Secretary and Treasurer.  The duties of the officers shall be:

President:

  1. Preside at all regular and special meetings of the Board.

  1. Call special meetings of the Board when conditions required for special meetings have been met.

  1. Be responsible for the orderly conduct of Board meetings.

  1. Consult with the Superintendent in planning agendas.

  1. Represent the District in all legal action.

  1. Appoint all special committees, subject to the approval of the Board.

  1. Sign any written contracts to which the District may be a party.

  1. Countersign all orders on the Treasurer for claims allowed by the Board.

  1. Countersign all orders on the County Treasurer for the transfer of funds.

  1. Participate in and vote on all actions of the Board.

Vice President:

  1. Assume duties of the President in his/her absence.

  1. Serve as the chairperson of the Board Committee of the Whole.

  1. Organize the procedure for the Board to consider and issue the Superintendent’s evaluation.

  1. Perform any other duties as designated by the President.

Secretary:

  1. Keep an accurate record of all meetings.

  1. Send out legal notices of meetings.

  1. Notify all persons elected as members of the Board.

  1. Handle official correspondence of the Board.

  1. Make required reports to county and state officials.

  1. Make the annual school census unless the Board provides otherwise.

  1. Draw and sign orders on the District Treasurer for the payment of authorized claims.

  1. Draw and sign orders on the County Treasurer transferring funds to the District Treasurer.

  1. Maintain classified accounts of receipts and disbursements of the general and building funds, and of such other funds as the Board may require.

  1. Compute withholding and social security taxes and retirement payments from salaries of teachers.

  1. Act as custodian of all District securities, documents, title papers, and other records of the Board.

  1. Make available to the Superintendent all records and other information requested.

  1. Publish the budget.

  1. Keep a record of all written disclosures made by Board members pursuant to District Policy 8250.  The disclosure shall be kept on a ledger for a period of five years from the date of the Secretary’s last day in office and kept separately from the Secretary’s other records.

  1. Maintain all records required by the Accountability and Disclosure statutes of the State of Nebraska.

Treasurer:

  1. Receive and be responsible for all District money.

  1. Place funds in depositories approved by the Board.

  1. Disburse funds on orders signed by the President and Secretary.

  1. Keep accurate records of all receipts and disbursement, showing the source of such receipts, to which funds the receipts belong, and the payees of all disbursements.

  1. Render such financial reports as the Board may require at any time.

Date of Adoption
June 16, 2003
Date of Revision
July 8, 2019
Reaffirmed
March 5, 2012

9112: Committees and Appointments

9112: Committees and Appointments holly Mon, 07/22/2019 - 14:20

The Board shall establish standing and special committees and may establish temporary committees.

Board members shall not serve on any District committees except those established by the Board.

Board members may be appointed to represent the Board and the District in state and local organizations.

Board members shall not serve as an officer in a school-parent organization.

In order to provide the District with the broadest views of its constituency, spouses of Board members may not serve on District planning, or advisory committees.

Date of Adoption
April 28, 1980
Date of Revision
September 23, 1996
June 16, 2003 (renumbered on June 16, 2003 from 9130)
July 8, 2019
Reaffirmed
March 5, 2012

9112.1: Committees and Appointments

9112.1: Committees and Appointments holly Mon, 07/22/2019 - 14:24

The Board President shall appoint Board members to serve on committees subject to approval by the Board:

Standing Committees:

1.The Committee on American Civics is required by law. It shall consist of three Board members appointed each January of each year.

2. All Board members may be members on the District Strategic Planning Committee.

3. All Board members will serve on the Board Committee of the Whole.


Special Committees:

Special Committees of one or more members may be established by the Board as the need arises to carry out specified tasks and on the completion thereof shall automatically cease to exist. Special Committees shall not be appointed to perform a task that falls within the assigned function of an existing standing committee.

The Board President may appoint Board members to represent the Board in state and local organizations as authorized by the Board subject to approval by a voting majority of the Board:

1. Each January, the Board President shall appoint a delegate and alternate to the Nebraska Association of School Boards (NASB) Legislative Relations Delegate Assembly.

2. Each January, the Board President shall appoint a delegate and alternate to the Nebraska Association of School Boards (NASB) Region 19.

3. Each January, the Board President shall appoint a delegate and alternate to the National School Board Association (NSBA) Federal Relations Network; provided, however, that the Board desires to send a representative.

4. Each January, the Board President shall appoint a delegate to the Nebraska Association of School Boards (NASB) Government Relations Network; provided, however, that the Board desires to send a representative.

5. Each January, the Board President shall appoint a delegate to the Greater Nebraska Schools Association (GNSA).

6. Each January, the Board President shall appoint a delegate to the Board of Directors of the Millard Public Schools Foundation.

7. Each January, the Board President shall appoint a delegate to serve on the Metro. Area Boards of Education.

8. Each January, the Board President shall appoint a delegate to serve on the District Policy 10,000 Steering Committee as described by Board Policy.

Date of Adoption
April 28, 1980
Date of Revision
September 23, 1996
November 4, 1996
June 16, 2003 (renumbered on June 16, 2003 from 9130.1)
July 8, 2019
Reaffirmed
March 5, 2012

9112.2: Temporary Committees

9112.2: Temporary Committees holly Mon, 07/22/2019 - 14:27

Temporary committees may be formed to conduct studies and to consider particular programs and other issues that may come before the Board. No more than three Board members shall be assigned to or serve on any committee.

When temporary committees are formed, the purpose and scope of the duties of the committee shall be stated in the minutes of the Board meeting when the committee is created.

The committee shall be established by a majority vote at any regular or special meeting and the members shall be appointed by the Board President.

The committee shall be advisory to the Board and its report to the Board shall be submitted in writing and made a part of the records of the Board.

Date of Adoption
February 4, 1974
Date of Revision
December 2, 2002
July 8, 2019 (Renumbered from 8140)
Reaffirmed
August 1, 2011
September 4, 2018

9210: Attorney

9210: Attorney holly Mon, 07/22/2019 - 14:30

 

The Board may, at its discretion, appoint an attorney to perform desired legal services. The attorney shall serve at the Board’s pleasure and be compensated at a mutually agreeable rate.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (Renumbered on June 16, 2003 from 9250)
August 19, 2019
Reaffirmed
March 5, 2012

9220: Auditor

9220: Auditor holly Mon, 07/22/2019 - 14:32

 

DUTIES OF THE AUDITOR:

The duties of the independent auditor shall be as follows:

To examine the balance sheet of the District at the end of the fiscal year and the related statements of transactions in the various funds for the fiscal year then ended.

To conduct such examination in accordance with generally accepted auditing standards and to include such tests of the accounting records and such other auditing procedures as are necessary in the circumstances.

To render an opinion on the financial statements prepared at the close of the fiscal year.

To prepare such financial statements for publication as may be required by law.

To make such recommendations to the Board concerning its accounting records, procedures, and related activities as may appear necessary or desirable.

To perform such other related services as may be requested by the Board.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (Renumbered on June 16, 2003 from 9260)
Reaffirmed
March 5, 2012
August 19, 2019

9300: Individual Members - Duties, Responsibilities

9300: Individual Members - Duties, Responsibilities holly Mon, 07/22/2019 - 14:36

 

The Board only has the legal authority to act as the governing body of the District when it is in session as provided by statutes and its internal bylaws, rules and procedures.

No member of the Board shall have the authority to bind or otherwise act for the Board or the District except when the action of an individual Board member or Board members is undertaken pursuant to a specific authority of the Board, which authority shall be wholly set forth in the minutes of the Board which granted the authority.

Date of Adoption
December 3, 1990
Date of Revision
December 2, 1996 (Renumbered on June 16, 2003 from 9270)
August 19, 2019
Reaffirmed
March 19, 2012

9310: Notification To Members

9310: Notification To Members holly Mon, 07/22/2019 - 14:38

 

Materials pertaining to the meeting shall be sent out from the administration office to the Board members the Wednesday preceding the meeting or on such other date as may be established by the Board or otherwise necessary because of time constraints.

Date of Adoption
February 4, 1974
Date of Revision
March 6, 1995
June 16, 2003 (Renumbered on June 16, 2003 from 9364)
August 19, 2019
Reaffirmed
March 19, 2012

9320: Construction of Agenda

9320: Construction of Agenda holly Mon, 07/22/2019 - 14:42

 

The Superintendent and the President of the Board shall construct the agenda. Members of the Board can request that an item be placed on the agenda by submitting the request to the Superintendent or Board President. Items to be considered for placement on the agenda must be presented in writing to the Superintendent or Board President seven (7) days prior to the meeting. Items may be placed on the agenda at the discretion of the Superintendent and Board President or in writing and signed by any two Board Members. An item of an emergency nature may be added at the meeting by a two-thirds vote.

Date of Adoption
June 6, 1977
Date of Revision
March 6, 1995
June 16, 2003 (Renumbered on June 16, 2003 from 9366)
August 19, 2019
Reaffirmed
March 19, 2012

9330: Approval of Administrative Regulations

9330: Approval of Administrative Regulations holly Mon, 07/22/2019 - 14:51

 

New administrative rules or revisions of existing rules may be approved or rejected under the following procedures:

1. The proposed new rules or revision of an existing rules shall be submitted to the Board in writing at a regularly scheduled meeting of the Board.

2. The proposed new rules or revisions of existing rules may be approved or rejected at the meeting.

3.  The approval or rejection of the proposed rules shall be by a majority vote of all members of the Board.

Date of Adoption
March 4, 1991
Date of Revision
August 19, 2019
Reaffirmed
March 5, 2012

9340: Quorum

9340: Quorum holly Mon, 07/22/2019 - 14:53

 

A majority of the members of the Board shall constitute a quorum. The affirmative vote of a majority of those members present at any meeting having a quorum shall be considered sufficient for action except for actions required otherwise by law or these policies and rules.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (Renumbered on June 16, 2003 from 9367)
August 19, 2019
Reaffirmed
April 16, 2012
March 5, 2012

9350: Order of Business at Regular Business Meetings

9350: Order of Business at Regular Business Meetings holly Mon, 07/22/2019 - 14:55

 

The order of business for regular Board meetings will be as follows:

            A.      Call to Order - Opening of the meeting by the Board President

            B.      Pledge of Allegiance

            C.      Roll Call

            D.      Vote to Excuse Absent Members (if applicable)

            E.      Showcase/Employee of the Month, recognition of outstanding students, staff members, and community members / organizations.

            F.       Public Comments on agenda items - this is the proper time for public questions and comments on agenda items only.

            G.      Routine Matters

                     *1.      Approval of minutes of the preceding regular meeting of the Board of Education
                     *2.      Approval of Bills and receive Treasurer's Report and place on file
                      3     Summary of Previous Board Committee of the Whole Meeting

            H.      Information Items

                     1.       Superintendent's Report
                     2.       Board Comments/Announcements
                     3.       Report from Student Representatives

            I.       Unfinished Business

            J.       New Business

            K.      Reports

            L.       Future Agenda Items/Board Calendar

            M.      Public Comments - This is the proper time for public questions and comments on any topic.

            N.      Adjournment

*All items indicated by an asterisk (*) will comprise the Consent Agenda and may be acted on in a single motion. Items may be deleted from the Consent Agenda by request of any Board member.

Date of Adoption
February 4, 1974
Date of Revision
August 2, 1993
December 2, 1996
June 16, 2003 (Renumbered on June 16, 2003 from 9368)
December 5, 2016
August 19, 2019
November 1, 2021
Reaffirmed
April 16, 2012

9360: Parliamentary Procedure

9360: Parliamentary Procedure holly Mon, 07/22/2019 - 14:57

 

Unless otherwise provided in the Board’s policies or rules, the Board shall conduct all of its meetings in accord with Robert’s Rules of Order, Revised.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (renumbered on June 16, 2003 from 9369)
August 19, 2019
Reaffirmed
March 19, 2012

9370: Minutes

9370: Minutes holly Mon, 07/22/2019 - 14:59

 

The minutes of the meetings of the Board shall include:

a. The classification (regular, adjourned, closed, emergency, or special), date, and place of meeting.

b. The call to order stating time, person presiding, and office.

c. The record of the roll call of Board members.

d. A notation of the presence or absence of the Superintendent. A notation of other staff members and others present if the persons will participate in the meeting.

e. A record of any corrections to the minutes of the previous meetings and the action approving them.

f. A record of all communications presented to the Board.

g. A record of the hearing of all petitions of citizens.

h. A record of any reports of Board members or staff members.

i. A record of each motion placed before the Board including the member making the motion and the member seconding, if any. The ayes and nays shall be recorded by name for each Board member present.

j. Special marking to indicate policy matters.

k. The manner in which the advance publicized notice of the time and place of each meeting was given.

l. The substance of all matters discussed.

m. A record of how each Board member voted on any action taken on any question or motion duly moved and seconded. The minutes shall also record if the Board member was absent or not 

n. The total number of votes for each candidate for each Board officership.
 

If the Board votes to hold a closed session, the minutes shall record the vote of each Board member on the question of holding a closed session, the entire motion for the closed session, and the time when the closed session commenced and concluded. If a Board member challenges the continuation of a closed session on the grounds that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for (a) the protection of the public interest or (b) the prevention of needless injury to the reputation of an individual, the challenge and its disposition by the Board shall be recorded in the minutes.

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day.

The minutes shall be permanently filed and indexed for reference purposes. The minutes of all meetings and the evidence and documentation received or disclosed in open session shall be public records and open to public inspection during normal business hours. Minutes shall be written and available for inspection within ten working days or prior to the next convened meeting, whichever occurs earlier.

All reports requiring Board action, resolutions, agreements, and other written documents shall be made a part of the minutes by reference, and shall be placed in the District as a permanent record subject to state law.

Date of Adoption
March 18, 1991
Date of Revision
June 16, 2003
Reaffirmed
April 16, 2012

10000: Site-Based Planning and Management

10000: Site-Based Planning and Management unanimous Thu, 02/28/2019 - 14:35

10000: Shared Decision Making

10000: Shared Decision Making unanimous Tue, 07/30/2019 - 17:11

The Board supports the philosophy of shared decision-making as called for in the District Strategic Plan. Shared decision-making shall support increased student achievement and improvement in the education process. The philosophy of shared decision-making shall be evident in the District through the opportunity for personnel, parents, community members, and students when appropriate, to collaborate in the design and implementation of (1) mission statements, (2) objectives, (3) strategies and action plans, (4) evaluation methods, (5) responses to results of evaluation, and (6) reporting activities. 

While fully supporting these collaborative efforts, the Board recognizes its ultimate authority and responsibility for decisions which impact the direction of education in the District. 

This policy and related rule will be reviewed by the Board of Education every other year.

Date of Adoption
December 7, 1992
Date of Revision
January 13, 1997
March 6, 2006
August 19, 2013
Date of Last Review
August 17, 2009
Reaffirmed
August 15, 2011
July 6, 2015
May 15, 2017
May 20, 2019
June 7, 2021
April 17, 2023

10000.1: Site-Based Planning and Shared Decision Making

10000.1: Site-Based Planning and Shared Decision Making holly Mon, 07/22/2019 - 15:05

Introduction

The Board of Education recognizes that strategic planning, site-based planning, and school improvement decision-making provide the opportunity for school personnel, parents, community members, and students to collaborate in the development of short and long-range planning. This involvement will promote increased school achievement and improve the educational process. 

I. Shared Decision-Making

The District uses a blend of centralized and decentralized decision making.  The following chart illustrates decisions that are made at the District and building levels and are provided as examples only.  All decisions must be consistent with District policies and regulations, collective bargaining agreements, and state and federal mandates and laws.  

Educational Services

District

Building

  • Oversee compliance of NDE Rule 10
  • Provide comparable curriculum resources, instructional resources and assessment resources (6010)

  • Develop and maintain the written curriculum using Academic Skills & Applications and College & Career Readiness Skills (6110.1) & Performances (6110), through curriculum phases (6120, 6610)

  • Develop curriculum frameworks and course guides (6130)

  • Ensure principals monitor curriculum and evaluate staff (6201)

  • Identify appropriate field trips and approve those paid with District funds (6262)

  • Develop and support the instructional program (6220), the Multi-Tiered Systems of Support (MTSS), SPED Procedures (6635), EL, Summer School (6655), Night School, Homebound (6670), Programs of Choice (10,001), Professional Learning Communities (PLCs), Federal Programs, Early Childhood Programs, Alternative Education Programs, and High Ability Learner Programs

  • Establish accountabilities for guidance in relation to curriculum issues

  • Develop guidelines for controversial issues (6240)

  • Provide guidelines and professional learning on copyright procedures (6265)

  • Implement textbook loan program (6295)

  • Identify graduation requirements (6320)

  • Develop grading guidelines (6330) and District report cards

  • Identify, implement, and monitor professional learning related to curriculum, instruction, assessment, and special education (6400)

  • Identify and apply for appropriate grants to support District programs and initiatives

  • Encourage staff to participate in development of written curriculum and assessment

  • Monitor taught curriculum according to written curriculum (6201)

  • Monitor lesson plans (6203)

  • Administer instructional program and support programs (6220), including building schedules, grouping practices, and class size within District parameters (4005.1 & 6225), identify and recommend materials that supplement, not supplant, the District written curriculum

  • Develop and monitor homework and make up homework guidelines (6230 & 6235)

  • Implement and monitor guidelines for controversial issues (6240)

  • Approve curriculum-related field trips (6262)

  • Enforce and monitor copyright procedures (6265)

  • Monitor student production of services and materials (6270)

  • Develop and implement classroom assessments (6300)

  • Identify awards, recognition programs and graduation exercises (6320), credit for transfer students, and grade level placement

  • Implement grading procedures (6330), including communicating student progress to parents (6340)

  • Develop a culture of continuous learning related to curriculum, instruction, formative and summative assessment, Multi-Tiered Systems of Support, Professional Learning Communities (PLCs), and special education

  • Oversee building student organizations

  • Develop and lead building level professional development

 

STUDENT SERVICES

District

Building

  • Establish centralized registration procedures to include resident status, program placement, transfer, and withdrawal (5100/5110/5120)

  • Establish policies for District safety and security (5900)

  • Establish policies for and supervise student record keeping (5720)

  • Establish policies for student attendance (5200)

  • Establish policies for student conduct (5300, 5400)

  • Develop procedures for school counseling and social work related response services (6628)

  • Establish policy for child abuse and neglect reporting (5620)

  • Establish student health service procedures (6615)

  • Finalize student enrollment, transfer, and withdrawal to include grade level placement and credit transfer

  • Maintain student records and accountability to include attendance, behavior, health, and social emotional issues

  • Implement safety procedures, drills, and building security procedures to include bullying awareness and prevention

  • Promote Multi-Tiered Systems of Support (MTSS) for positive student behavior and accountability

  • Enforce student code of conduct and maintain accurate student discipline records

  • Implement school counseling curriculum and response services

  • Facilitate student health care delivery in partnership with school health staff.

  • Facilitate student referrals to community agencies

 

HUMAN RESOURCES

District

Building

  • Direct staffing allocation procedures

  • Implement building assignments and transfers

  • Direct advertising/recruiting/selecting/hiring

  • Direct the development of job descriptions

  • Ensure the use of the performance appraisal process

  • Direct employee discipline practices

  • Monitor policies for safety and security

  • Direct employee services, including compensation, benefits, and paid leave

  • Direct administrative hiring procedures

  • Conduct collective bargaining with all employee unions/associations

  • Develop employee work calendars

  • Schedule and administer District-wide contracted transportation services

  • Direct intra-school staff assignments and transfers

  • Conduct interviews/make hiring recommendations

  • Conduct performance appraisal

  • Develop staffing recommendations to human resources staff

  • Communicate employee work calendars

  • Schedule and administer building transportation services

  • Address student behavior related to both building and District - wide transportation

 

GENERAL ADMINISTRATION

District

Building

  • Research, write, administer, and conduct the financial accounting and reporting related to District-level (or multi-building level) grants

  • Conduct collective bargaining with all employee unions/associations

  • Provide custodial, maintenance, and grounds services to all facilities in the District

  • Conduct all construction and renovation projects in the District

  • Provide food service programs throughout the District

  • Provide intra-District mail delivery services

  • Provide District-wide large volume printing services

  • Provide all budgeting, accounting, and finance services (including payroll) related to all funds except the building activity fund



 
  • Research, write, administer, and conduct the financial accounting and reporting related to building-level grants (subject to District approval related to accounting and reporting)

  • Communicate needs and deficiencies for custodial, maintenance, and grounds to the appropriate supervisor

  • Recommend building renovation projects (subject to review, approval, and supervision by the District)

  • Schedule serving times for breakfast and lunch programs

  • Supervise the distribution of mail within the building

  • Provide any copiers desired by the buildings in excess of what is supplied by the District and provide all personnel for copying conducted in the buildings

  • Manage all aspects of the building’s activity fund (subject to the District’s procedures), manage the building’s general fund line items, and participate in the District’s budgeting process

 

 

GOVERNANCE

District

Building

  • Develop and implement the District strategic plan and support buildings with facilitation of site planning

  • Develop the academic calendar including school hours and parent/teacher conferences (6020, 6020.1)

  • Approve school and community use of school facilities and conduct the related accounting

  • Develop and implement policies, procedures and rules

  • Develop yearly and long-range budgets

  • Determine emergency closing procedures (6020.2)

  • Provide and direct system-wide planning for curriculum instruction, assessment, and professional learning (6005)

  • Identify, implement, and monitor District professional learning initiatives (4300.2)

  • Develop and implement new teacher induction plan (4105, 4105.1, 4105.2)

  • Direct certificated staff & administrator evaluation (4160)

  • Develop and revise Indicators of Effective Teaching in Millard Instructional Model (6200, 6200.1)

  • Direct new administrator and admin inter induction

  • Organize and implement District leadership programs

  • Direct state accreditation process

  • Plans and designs communication strategies to inform the public about district promotion, specific problems or situations

 

  • Develop and implement the school site plan and facilitate the School Improvement Team

  • Develop the school activities calendar including parent/teacher conference schedules

  • Schedule activity and community use of school facilities

  • Develop and implement school procedures and rules

  • Develop the school schedule

  • Allocate the building discretionary budget

  • Ensure staff engagement in District professional learning initiatives and facilitate building level professional development (4300.2)

  • Evaluate teachers according to the Indicators of Effective Teaching in Millard Instructional Model (6200, 6200.1)

  • Support new teacher induction (4105), identify and recommend mentors and induction coaches, match peer coaches, and communicate expectations

  • Conduct performance appraisal

  • Support new administrator and admin intern induction

  • Support District leadership programs

  • Implement state accreditation recommendations/requirements

  • Supports District communication and directs building communication strategies to inform the public about district and building promotion, specific problems or situations

 

TECHNOLOGY

District

Building

  • Provide network operations (7000)

  • Provide email (7000)

  • Establish hardware and software standards

  • Establish Technology inventory controls & Check-
    in/Check-out processes

  • Provide helpdesk & desktop support

  • Facilitate technology donations approval

  • Establish web page guidelines (7305)

  • Develop technology hardware standards

  • Provide content filtering (7310)

  • Implement Cyber Security Protection Measures
    (7310)

  • Evaluate curriculum software (7000)

  • Establish policies and rules for social media use by district staff (7305.1)

  • Support school libraries (6625)

 

  • Provide for integrating technology into instruction
  • Maintain building web pages
  • Supervise building social media accounts.
  • Budget for optional technology hardware purchases with approval 
  • Budget for optional curriculum software with approval
  • Supervise staff and student use of technology
  • Supervise building technology inventories using the District’s inventory control processes.
  • Supervise school libraries
  • Purchase library materials to maintain compliance
    with NDE Rule 10

 

DATA, ASSESSMENT, RESEARCH AND EVALUATION

 DISTRICT  BUILDING
  •  Develop and implement a comprehensive District student assessment system (6300)
  • Oversee assessment of student achievement
  • Review and approves Research Requests from internal and external stakeholders (6900.1)
  • Develop District Assessment Procedures (6301)
  • Oversee District student information system
  • Develop and oversee District student information
    data reports in District systems.
  • Develop and implement a system for engagement
    surveys for staff, students and parents.
  •  Oversee assessment schedules, retakes, security and remediation
  • Implement the District assessment program (6301)
  • Maintain accurate student information in District
    student information system and monitor staff use
  • Utilize student information from reports to guide decision making and carry out tasks.
  • Disseminate and utilize the student, staff and parent feedback from the District engagement surveys.

 

II.     District Strategic Planning Team

The Superintendent or designee will appoint a team consisting of administrators, teachers, Board members, parents, students, and community members to serve as the District strategic planning team. Every 5 years the District strategic planning team will meet to rewrite the plan to address critical issues. The Superintendent is charged with determining the implementation schedule of the action plans for the 5 year Strategic Plan.

II.     Site-Based Planning Team

Each school in the District shall have a site-based planning team that meets to write or update the school site plan.   The team will be responsible for long-range site planning including the development of the school mission and strategies.  The team will also approve action plans and make a recommendation for implementation of action plans. Each principal’s supervisor will assist the principal and team in the development of the site plan, the implementation of strategies, the collection and analysis of data to evaluate action plans, the relationship of the site plan to the District’s plan, and compliance with District policies.  The team will also meet as needed to comply with the school accreditation process.  The team will follow the District guidelines and established process for site planning and include administrators, teachers, staff, parents, and/or community members.  High schools and middle schools may choose to involve students.  Staff members on the team are volunteers and will serve at will.  The site-based planning team will be approved by the Superintendent or designee.  

IV.     School Improvement Team (SIT)

Each school in the District shall have a School Improvement Team that meets a minimum of four times each school year.   The SIT will monitor progress on the school site plan and make recommendations on pertinent issues including, but not limited to, calendar, schedules, budget, programming changes, and some staffing decisions.  It may be necessary for ad hoc teams to form and meet to develop programs or further develop action plans for implementation. The ad hoc team will then report to the SIT for consideration.  The SIT will also meet as needed to review data analysis and comply with the school accreditation process.  The SIT will include administrators, teachers, staff, parents, and/or community members.  High schools and middle schools may choose to involve students.  Each SIT will develop a process to ensure genuine participation and develop the rules for determining who will serve on these teams including the term of service.  Meetings will be open to all.  Agendas, attendees and minutes of the meetings will be communicated and made available.  Staff members on the team are volunteers and will serve at will.   Copies of the SIT meeting minutes will be shared with supervisors.   

V.     Decision Making Process

Different styles of leadership and decision making will be employed when facilitating Strategic Planning Teams, Site-Based Planning Teams and School Improvement Teams.

During Strategic Planning and Site-Based Planning, teams will seek consensus in an affirming environment marked by mutual support and respect.  Consensus exists when participants whose support is needed to implement a decision, agree with the decision and express a commitment to support its implementation.  If consensus cannot be achieved on a specific issue the administrator may make the necessary interim decisions as they continue to work for consensus.  

During School Improvement Team meetings, the principal will seek input from the School Improvement Team by employing a variety of leadership styles including consultative and collaborative (consensus building).

VI.     Appeals

In the event the SIT is unable to function effectively the principal (or any three team members) shall report the situation to the building supervisor.  The building supervisor will attempt to resolve the situation.  In the event the situation is not resolved it shall be presented to the Superintendent or designee for a final decision.

Date of Adoption
December 7, 1992
Date of Revision
January 3, 1994
December 19, 1994
January 13, 1997
August 3, 1998
August 23, 1999
June 19, 2000
February 2006
March 6, 2006
July 9, 2007
June 2, 2008
August 17, 2009
August 2, 2010
August 15, 2011
August 19, 2013
July 6, 2015
May 15, 2017
May 20, 2019
June 7, 2021
April 17, 2023

10001: Programs of Choice

10001: Programs of Choice holly Mon, 07/22/2019 - 15:11

The District supports the philosophy of parental choice as originally called for in the District Strategic Plan. A program of choice addresses a specific educational need that does not jeopardize current programs for the majority of students. No new program will be added unless it meets a clearly demonstrated, mission-related need; it survives a cost-benefit analysis; its impact on other programs/courses/services is addressed; adequate staffing, staff development, funding and facilities are provided; and it contains an evaluation procedure. Nothing will take precedence over the pre-kindergarten through 12th grade education program.

The philosophy of programs of choice development shall be evident in the Millard School District through the opportunity of personnel, parents, community members, and students when appropriate, to collaborate in the design and implementation of (1) philosophy statement, (2) program goals, (3) yearly developed activities, (4) curriculum selection, (5) instructional methods, (6) staff selection, and (7) evaluation methods through the site planning and School Improvement Team process. Programs of choice will abide within the District policy and guidelines, district strategic plan, district and state standards and indicators and assessments, and function within the budget constraints given.

While fully supporting these collaborative efforts, the Board recognizes its ultimate authority and responsibility for decisions, which impact the direction of education in the Millard Schools.

Date of Adoption
February 16, 1998
Date of Revision
May 19, 2008
March 21, 2011
May 6, 2019

10001.1: Programs of Choice Development Process

10001.1: Programs of Choice Development Process holly Mon, 07/22/2019 - 15:13

Introduction:

The District supports the philosophy of programs of choice as reflected in this rule. 

The District believes that programs of choice development can be achieved through the process of shared decision-making. The process provides that certain decisions can be made at the program level, through the stakeholders most directly involved with the program, and within the context of the District’s policies and plans. The Board of Education recognizes that shared decision-making provides the opportunity for staff, parents, community members, and students, to collaborate in the District’s Strategic Plan and promote increased student enrollment and achievement through alternative educational processes. Proposals for programs of choice may be the result of community interest, a building site plan, District strategic plan, and/or District initiation.

While fully supporting these collaborative efforts, the Board recognizes its ultimate authority and responsibility for decisions that impact the direction of education in the Millard Public Schools. In the case of low enrollment, the Superintendent shall inform low enrollment buildings of the opportunity for building site teams to plan for their future with this rule to guide their planning. In the event that low enrollment buildings do not generate a plan for their future, the Superintendent may direct the development of a plan for the future of low enrollment buildings in accordance with this rule. If necessary, the Superintendent may replace and reassign the current principal and staff, and assemble a building team to implement the District-generated plan. The authority and responsibilities delegated to the Development Task Force shall be in accordance with district policies and shall be subject to the authority and responsibility of the Board of Education, the Superintendent and the administrator of the mini-magnet or district unit or division that the task force represents. 

Definitions:

Program of Choice is the broad term used to identify a district-sponsored program that utilizes a specific curriculum, classroom management and structure, and instructional practices that are significantly different from the regular Pre K-12 Education Program, yet still embraces the District standards, indicators, and assessments while attracting students from across the District and open to students from outside the District. Examples of such programs of choice include, but are not limited to, Core Knowledge Academy, Montessori, and International Baccalaureate (Primary Years Program, Middle Years Program, and Diploma Program) programs. 

In addition, programs of choice may be designed to attract enrollment through the use of a district-funded and district-directed program with a specific, specialized concentration encompassing K-5, 6-8 and/or 9-12 in all areas and which is intended to attract interested students. Such programs may include, but are not limited to: math/science and engineering, computer science and technology, visual, performing and communication arts, international studies and world language, and year-round school.

Program of Choice Concept, Proposal, and Development Committee is made up of parents, community members, interested building staff, students when appropriate, and a designee of the Superintendent who share a common vision and desire to promote a specific program for District adoption and advancement. The committee must include a building and district administrator and will be made up of 10-12 people. Representatives other than district employees will be non-paid volunteers. This Committee is responsible for completing the initial concept, proposal and development plan as defined in Phase I of this Rule, This committee understands that the proposed program has not been approved and no commitment has been made to approve the concept.

Parameters for Committee Meetings:

• All meetings will be facilitated by a building or district administrator. 

• All meetings will be scheduled by the administrator of record for that program.

• No meeting will be conducted without a quorum of six members.

• A consensus decision-making process will be used.

• This will conclude prior to program implementation.

Program of Choice Leadership Support will be provided by the District. The Superintendent, human resources division, and the principal of the designated facility will identify the level of need for leadership support, the qualifications of the staff person, and his/her job description. The leadership support staff person will be brought into the planning process during Phase 2: Planning for Start-up.

Program of Choice Parent Education Group may meet up to four times each year as needed. The purpose of the parent group will be to provide parents of children in the program an opportunity to learn more about the program, to ask questions about the program to program staff, and to raise funds to support specific program needs. There may be parent officers if desired by the parents. Any activities or fundraising by the parent group cannot conflict with the building PTO/PTA or Booster Club of which they are members. Fundraising will be by parents only, no children will be asked to participate.

Consensus Method will be used by the Program of Choice Concept, Proposal, and Development Committee in an affirming environment marked by mutual support and respect. Consensus exists when participants whose support is needed to implement a decision, agree with the decision and express a commitment to support it.

The process is based on trust and a belief in the strength of shared responsibility in decision-making. Participants must be well informed and communicate effectively in order to make good decisions. Therefore, school decision makers will use processes that include provisions for informed dialogue, decision, action and evaluation. Participants in the process must engage in continuous communications with their constituents so that decisions will reflect agreement within the mini-magnet community. Successful processes will allow for communications among constituents so that decisions will reflect agreement within the mini-magnet community, not just within a particular committee. Successful implementation shall also require regular oral and written communication among individuals, district administration, and the school board.

If consensus cannot be achieved the administrator for that program may make the necessary interim decisions as they continue to work for consensus. In the event the committee is unable to function effectively, the administrator, or three (3) task force members shall report the same to the District Superintendent together with a detailed report of the issues and parts of disagreement where upon the District Superintendent or his/her designee shall meet with the committee to resolve the issues. If the issues cannot be resolved, the dispute shall be submitted to the Board of Education through the Superintendent for resolution of the issue or issues.

Development Phases:

Phase 1: Identification of a Program of Choice Concept and Initial Program Proposal

Concept Proposal

The following information must be submitted to the Superintendent no later than August 31 (Yr.1) to be reviewed and presented to Executive Cabinet for consideration by September 15 (Yr.1).

I. Abstract

II. Impetus for Concept Proposal (community based, building site plan, District, etc.)

III. Need, Scope, Purpose

IV. Program Description and Philosophy

    A. Instructional philosophy

    B. Grade levels

    C. Calendar

    D. Specific licensure or training requirements for program or staff

V. Program Goals

    A. Identify how the program is consistent with the District strategic plan.

    B. Identify how the goals or methods of the program are different from those in existing programs.

    C. Identify the needs that this program will meet that are not addressed in the District program.

    D. State why the program will not jeopardize the majority of the students or district programs.

VI. Target Student Population 

      May identify the interest of potential students through parent surveys.

VII. List of Parents Committed to Enrolling Their Child(ren) in the Program (if applicable)

       Secure signatures of program identification group if parent/community initiated.

VIII. Program Start-Up Costs and Yearly Re-occurring Costs

    A. Staff needed and certification required

    B. Training costs

    C. Curriculum materials

    D. Equipment needs

    E. Supplies

    F. Facility modifications

    G. Other program needs

IX. Facility Needs for the Program

X. Publicity Plan

XI. Parent Involvement Expectations

A. Volunteer hours, PTO/Booster Club, Fundraising, Homework

XII. Collaboration with Other District Programs

The Superintendent and Executive Cabinet will apply the following criteria to the program of choice concept and render a decision to move to Phase 2 by September 30 (Yr.1):

I. The proposed concept meets the definition of a program of choice

II. A philosophic predisposition exists in the community and is affirmed by the Board of Education that values the concept of parent choice in education.

III. The proposed program of choice is consistent with the philosophy of the District and the legal requirements placed upon the District. 

IV. The proposed program of choice does not duplicate existing goals or methods already in place in the District and addresses specific educational needs. These needs are well defined and capable of being assessed.

V. The proposed program of choice does not stimulate a major political or values backlash such that the functioning of the District for the majority of students would be jeopardized.

VI. The proposed program of choice meets District Strategic Planning parameters that include:

No new program will be added unless it meets a clearly demonstrated, mission-related need; it survives a cost-benefit analysis; its impact on other programs/courses/services is addressed; adequate staffing, staff development, funding and facilities are provided; and it contains an evaluation procedure. Nothing will take precedence over the pre-kindergarten through 12th grade education program.

VII. The program of choice concept has the potential to increase enrollment in the District and at a specific building as demonstrated by an analysis of community interest and enrollment trends in similar programs.

Preliminary Proposal

If the concept is accepted and allowed to move ahead, the Program of Choice Concept, Proposal, and Development Committee will develop and submit the Preliminary Proposal by December 1 (Yr.1). The Superintendent will inform the Board of Education about the concept. Movement from Concept Development to Preliminary Proposal Development does not constitute program approval nor a commitment to implement the mini-magnet concept.

Preliminary Proposal Development Committee will submit a report by December 1 (Yr. 1) with the following information:

I. Refine the need, scope, purpose and description of the program based upon additional research and in response to the Superintendent and Cabinet’s feedback. 

II. Program Description and Philosophy

(expanded and refined from Concept Proposal

    A. Specific licensure or training requirements for program staff

    B. Grade levels

    C. Calendar

    D. Instructional philosophy

III. Program Goals

(expanded and refined fromConcept Proposal)

    A. Identify how the program is consistent with the District strategic plan.

    B. Identify how the goals or methods of the program are different from those in existing programs.

    C. Identify the specific educational needs that this program will address 

    D. State why the program will not jeopardize the majority of the students or district programs. 

IV. Objectives and Action Steps

V. Curriculum and Instructional Program

    A. Curriculum alignment to District Standards & Indicators

    B. Curriculum materials

    C. Support Programs

VI. Detailed Proposed Budget

Identify the costs needed to start up the program and yearly reoccurring costs. Complete a cost-benefit analysis of the program.

VII. Detailed Facility Needs

Identify the facility and classroom space needs for the program. Project over a three- to five-year program.

VIII. Student Assessments (beyond district and state assessments)

IX. Support Services Needs

X. Communication Plan

Identify a plan for how the program will be publicized.

XI. Parent Involvement Plan

    A. Develop a list of parents who are committed to enrolling their child in the program through the use of district-wide student/parent interest surveys.

    B. Identify expectations of how parents will be involved in the program on an ongoing basis (volunteer hours, parent booster club, etc.).

XII. Program Evaluation Plan

A. Identify how the program will work in collaboration with other programs sharing the same facility (participation on joint building implementation team, joint PTO, etc.).

B. Submit preliminary proposal to Associate Superintendent of Educational Services for presentation to Cabinet by December 1 (Yr. 1).

The Superintendent and Executive Cabinet will review the preliminary proposal based on the following feasibility indicators and render a decision by December 15 (Yr1):

I. Sufficient qualified staff exist or can be acquired to implement the program as it is intended (administrative, teaching, aide, support).

II. Sufficient money exists to secure qualified staff and materials to implement the program as it is intended without undo pressure on the regular program.

III. Sufficient space requirements are available to assure that a safe and healthy learning environment without undo disruption to other regular programs.

IV. The overall expenditures of resources (money, staff and space) are comparable to expenditures for regular programs. (Additional start-up costs may be required in the initial phases of implementation.)

V. The proposed mini-magnet does not place unwarranted or unwanted stress on the neighborhood concept of education.

If the preliminary proposal is accepted by Executive Cabinet, it will be submitted to the Millard Board of Education for approval at February Board of Education meeting (Yr. 1). If approved by the Board of Education, a program administrator will be assigned by the Superintendent along with any other parameters deemed appropriate. The Superintendent, human resources division, and the principal of the designated facility will identify the level of need for leadership support, the qualifications of the staff person, and their job description. The leadership support designee will be brought into the planning process sometime during Phase 2 - Planning for Start-Up.

Phase2: Planning for Start-up

The Program of Choice Concept, Proposal, and Development Committee will be notified by February 1 (Yr. 1) to begin Phase 3 and must have the following components set forth below developed and presented to Executive Cabinet by December 1 (Yr. 2). This date is critical for budget development, communication with interested staff, parents, and students, enrollment considerations under within District transfers and open/option enrollment, and ordering and organizing for fall implementation. The final months of January to May (Yr. 2) will be utilized for final planning and organization, ordering materials, hiring staff, communicating with parents and district staff, and registering students.

I. The current Development Committee may be expanded if. The job of this committee will be completed prior to program implementation; therefore, the committee will be dissolved prior to program implementation.

II. An external facilitator will be assigned by the Superintendent to work with the committee to identify the mission, objectives for the program, and action steps for the objectives.

III. The committee will meet on a regular basis (weekly, monthly) to develop:

    A. The curriculum and instructional program, 

    B. A proposed budget, 

    C. Identify facility needs, 

    D. Student assessment program, 

    E. Program evaluation, 

    F. Technology plan, 

    G. Support services plan,

    H. Implementation timeline

    I. Grant development/submission    

    J. Facility needs

    K. Purchase/obtain materials & equipment

    L. Interview/select staff

    M. Training/staff development    

    N. Curriculum alignment

    O. Support programs

    P. Instructional minutes

    Q. Calendar, school schedule

    R. Student registration/enrollment

    S. Student activities/organizations

    T. Representation of Parents on Site Planning Team

    U. Communication

        1. Teachers, parents, community, district at-large

        2. PTO/Booster Clubs

        3. Parent Education Group

        4. Parent involvement plan

        5. Newsletter

        6. Web page

        7. Program description 

        8. and other program components.

IV. The administrator on the development task force will submit required reports as needed for District budget planning process, facility location, obtaining materials, identification of staff, training of staff, publicize program, registration of students, and other start-up needs of the program.

V. A budget for curriculum development, staff training and other initial start-up costs will be implemented.

VI. A budget for classroom set-ups and other needs will be expended in the summer prior to fall implementation.

VII. An enrollment process will be created and in place by February 1 (Yr.2) to facilitate enrollment into the mini-magnet program or school. Enrollment procedures will follow these priorities:

    A. currently enrolled students and/or siblings of currently enrolled students, if applicable,

    B. within-district transfer students,

    C. open or option enrollment students, 

    D. lottery/randomization will be utilized at any of the steps when necessary

VIII. An evaluation process to include evidence and criteria for making judgments about the program will be set up with assistance from the Department of Assessment, Research and Evaluation for the first five years of the program. Possible questions might include:

    A. What levels are the students achieving in district outcomes?

    B. To what extent does the school implement its program?

    C. What is the breadth and depth of curriculum?

    D. What instructional practices are used? 

    E. What is the per-student cost for the program?

    F. What role does support services play in the program?

    G. What are the demographics of the program?

    H. What are the opinions/attitudes of parents, teachers, administrators, and students toward the program?

    I. Has the enrollment of the school increased and/or is the mini-magnet enrollment sufficient to sustain the program?

Phase 3: Year One of Operation

I. It will be the responsibility of the assigned administrator to continue to refine program needs and work to complete the mission and goals of the program. The leadership support person will be assigned specific tasks by the administrator of the building and will be accountable to that person.

II. Communication between teachers, parents, community, and the District at-large is conducted.

III. The building administrator will be responsible to see that a proportional representation of both programs is part of the building planning and implementation teams.

IV. The building administrator will be responsible for providing conditions for a combined PTO of all program groups. Programs sponsored by PTO will support building projects that include the needs of both.

V. The building administrator will be responsible for organizing a parent education group for the mini-magnet program to assist parents with learning about the program, communicating with others about the program, to raise funds to support the program, to publish a program newsletter, etc. The Parent Education Group shall meet periodically.

VI. Curriculum development and staff training will continue as needed and be the responsibility of the administrator in the building.

VII. The program will be monitored yearly through district assessments, program assessments, and an evaluation plan.

Phase 4: Five-Year Program Evaluation

A five-year evaluation will be completed by the Department of Assessment, Research and Evaluation at the end of the fifth year of program operation. If the program has met program mission and goals, a cost-benefit analysis, and student achievement levels within the range of the District, the program will be considered viable and continue. If the program has not satisfactorily met the above indicators, the Superintendent and Board of Education will have the option to continue the program with additional criteria or move to dissolve the program.

Parameters/Rules:

The following district parameters for the operation of mini-magnets must be met.

I. District student outcomes will be met.

II. District-level assessments will be utilized.

III. Class size will be comparable to other district programs.

IV. Financial support will be comparable to the support for other district programs.

V. Any Millard student may register for the program, unless specific requirements are identified.

VI. Staff evaluation shall be conducted using the District model.

VII. Program evaluation will be on a regular and ongoing basis.

VIII. A Parent Education Group will be organized for purposes of parent communication.

IX. Transportation shall be provided by parents/guardians.

Responsibilities

Responsibilities Chart

Timeline

Phase I (Year 1) 

    • September 15- Submit Concept Proposal to Superintendent

    • September 30- Notified of decision

    • December 1- Submit Preliminary Proposal, if concept approved

    • December 15- Notified of Decision

    • February Board of Education Meeting- Submitted for approval

Phase II (Year 2)

    • December 1- Submit Implementation Plan to Superintendent 

Date of Adoption
February 16, 1998
Date of Revision
May 19, 2008
March 21, 2011
May 6, 2019