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Administrative Employment Guidelines

| Handbooks | Welcome / Table of Contents | Section: 1 | 2 | 3 | 4 | Appendices

I. GENERAL INFORMATION

A. Employee Classifications (Policy Regulation 4100.1)

The Human Resources Division determines the job title and the classification of each employee taking into consideration relevant state laws and Nebraska Department of Education regulations. The descriptions below do not include every position within the district but indicate the general separation of employees into the three categories:

Certificated employees include teachers and other educators, as well as school psychologists, school social workers and registered nurses. Also included are administrators who perform duties requiring a certificate issued by the Commissioner of Education.
Classified employee groups include technicians, office professionals, custodians, maintenance employees, food service workers, paraeducators and transportation employees. Also included are administrators who do not hold certificates issued by the Commissioner of Education
Hourly employees include, but are not limited to, summer crew employees, mentors, substitutes for classified staff and substitute teachers.

The purpose of this handbook is to describe the general policies and procedures governing employees within the administrative group, some of which are certificated employees and some of which are classified employees.

B. Equal Employment Opportunity (EEO) and Affirmative Action Recruitment (Policy 4210)

The Lincoln Public Schools, through a comprehensive recruitment program, will employ an effective, well-qualified and diverse staff. To that end, the Lincoln Public Schools shall actively recruit certificated, classified and hourly minority applicants.

There shall be no discrimination against any employee or applicant for employment by reason of race, color, national origin, religion, marital status, sex, age, disability or sexual orientation.

C. Job Descriptions (Policy Regulation 4100.2)

Job descriptions for the various employment positions are developed and maintained by the Human Resources Division. Each job description indicates whether a position is exempt or nonexempt in accordance with the Fair Labor Standards Act (FLSA). Employees must maintain all licensure or certification required by the position as a condition of continued employment. The employee must immediately report the loss or suspension of licensure or certification to the appropriate supervisor in Human Resources.

D. Salary Ranges

The 2006-2007 and 2007-2008 salary ranges for administrative staff are attached (see Appendix A). Appendix A also contains a listing of the administrative position(s) assigned to each salary range and the number of administrators assigned to each position. The Superintendent of Schools may increase the maximum salary of any or all of the salary ranges.

E. Placement and Review Procedure

Placement Responsibility — The placement of groups and individuals on the administrative salary ranges shall be determined by the Superintendent of Schools and shall be administered by the Associate Superintendent for Human Resources.

Review of Placement Decision — Individual or group requests for review of placement will be submitted directly to the Superintendent of Schools who will make a decision regarding disposition of the request based upon district criteria or the best interests of the school district for placement on the administrative salary range.

Disposition of Review Appeal — Disposition of the review can be appealed as defined in the Administrative Employment Guidelines, Section III, Grievance Procedure.

F. Employee Contracts and Personnel Actions (Policy 4710)

Certificated employees will be hired pursuant to a written contract approved by the Board of Education. After board action, all contracts for employees are issued by the Human Resources Division.

Classified and hourly employees will be hired pursuant to a personnel action to be approved by the Board of Education. At the direction of the Board of Education, designated classified employees will be issued a contract by the Human Resources Division.

G. Length of Contract

Administrative contract lengths vary from 212 to 260 days, depending on the position. Appendix A lists contract lengths and corresponding salary levels subject to adjustment in the best interests of the school district as determined by the Superintendent of Schools. The Superintendent of Schools may increase or decrease the number of working days at any time deemed appropriate and in such event, a proportionate increase or decrease in salary shall be made. In the event a transfer or reassignment to other duties occurs, the salary and number of contract days will be determined by the Superintendent of Schools.

H. Extra Assignment Responsibilities

Administrators occasionally are requested to assume expanded responsibilities without a change in their job or role assignment. In these instances, consideration will be given to the need to reduce or reassign current responsibilities.

In the event it is not feasible to reduce or reassign current responsibilities, when appropriate, the district will provide support for district administrators who are assigned extra duties in addition to their regular duties. This support could be extra clerical support, teacher release time to provide leadership opportunities for teachers to help perform the administrator's regular duties, and support to attend seminars or conferences directly related to the extra duties. The need for support will be determined by the Superintendent of Schools or designee and appropriate support assigned with input from the administrator.

I. Fitness for Duty (Policy 4910)

Employees must be physically and mentally capable of performing the essential functions of their assignment with or without reasonable accommodations. The district may, at its discretion, require employees to demonstrate that they are physically and mentally capable of performing the essential functions of their assignment with or without reasonable accommodations. The school district complies with all federal and state laws regarding the collection of health and medical information.

Employees shall be required upon request of the Associate Superintendent for Human Resources or designee to respond or submit to medical inquiries or examinations which are related and necessary, where there is evidence of a job performance or safety problem, and when required or otherwise permitted by law.

Employees are required to disclose any medical restrictions that limit their ability to perform the essential functions of the assigned job to their supervisor or Human Resources and to request a meeting with the Americans with Disabilities Act (ADA) Coordinator to discuss the provision of reasonable accommodations. Supervisors are required to notify Human Resources of any employees with medical restrictions that limit their ability to perform the essential functions of their assignment.

J. Liability Insurance

The district, through its comprehensive insurance plan, provides liability insurance for all employees including administrators.

K. Transfers

As a matter of professional growth and general staff renewal, administrators are encouraged to volunteer for transfer after an extended assignment to a specific position. Transfers to new administrative assignments will be made within an area of the administrator's certification, taking into consideration the needs and interests of the administrator and the school district. Changes in assignment may also be necessitated by district needs and mandatory transfers may be made as necessary and will take precedence over personal requests.

L. Assignment Change

If the Superintendent decides to change an administrator's assignment for the next school year, an attempt will be made to determine the change before the 15th of April. Changes in assignment may occur after April 15, due to budget restrictions, decline or shift in enrollment, elimination of positions or other circumstances.

Summer vacancy notices for administrative positions occurring during the summer will be posted on the job vacancy line, 436-1595, and e-mailed to all school sites. No administrator shall have a right to a specific administrative assignment. An administrator’s assignment may be changed to a teaching assignment within an area of the administrator’s teaching endorsement. The salary and benefits may be altered accordingly by placement on the teacher’s salary schedule. In the event a transfer or reassignment to other duties occurs, the salary and number of contract days will be determined by the Superintendent of Schools.

M. Reduction in Force (Policy Regulation 4420.2)

Administrators who hold positions which are eliminated or who are reassigned to another administrative position within the district may have his/her salary adjusted according to the employment position.

Reductions in force of certificated employees, including total and partial, may occur when necessitated by a change in circumstances. The criteria used to determine employees affected shall be: positions or programs to be offered, training, experience, certification and other factors deemed relevant by the Superintendent of Schools.

A certificated administrator whose contract is terminated because of reduction in force shall be considered to have been terminated with honor and shall upon request be provided a letter to that effect. Such administrator shall have preferred rights to reemployment in accordance with law.

N. Clarification of Status as a Teacher

If the administrator requests a reassignment or is reassigned to a teaching or nonadministrative position, an assignment within an area of endorsement will be made. The administrator's rate of pay will be determined by the Superintendent of Schools.

O. Contract Termination, Nonrenewal or Cancellation

Contract terminations, cancellations and non-renewals of certificated employees as defined by state law will be in accordance with procedures set forth in statute.

The Associate Superintendent for Human Resources or designee recommends contract terminations, cancellations, or non-renewals to the Superintendent and the Board of Education for approval.

Contract amendments or cancellations of noncertificated employees will be in accordance with the terms of the employment contract.

P. Appraisal (Policy Regulations 4960.3)

Administrators will be formally appraised on a three-year cycle. The appraisal cycle can be modified to include additional formal appraisals within the three-year cycle. This modification may be at the request of the appraiser or the appraisee.

The process used to evaluate administrators may vary due to administrator assignment.

Q. Personal Freedom (Policy 4850)

Lincoln Public Schools recognizes that all employees have the right to hold personal beliefs. Employees may express opinions concerning school district issues as well as other local, state and federal issues and will not be unlawfully discriminated against based on the protected exercise or expression of such beliefs or opinions.

While recognizing individual personal freedoms, these rights must be balanced with the mission of the school district. As such, personal freedoms may not be exercised in a manner which negatively affects working relationships or which negatively affects the ability of employees who work with students to serve as effective role models for our students. Instruction on political, religious, and other sensitive issues is to be provided in a manner which allows students the opportunity to form or adhere to their own views; students must not be required to accept the views of school employees. In addition, the political accountability laws restrict use of school resources in the promotion of political views. As such, while a school employee may express a position with regard to political issues, employees may not use school personnel, resources, property or funds for such purposes or engage in such activity during hours in which the employee is being paid to work or when otherwise engaged in performance of school duties.

R. Personnel Records (Policy 4330 and Policy Regulation 4330.1)

Official personnel records shall be maintained by the Human Resources Division according to state and federal laws.

Personnel files shall be available for inspection by the employee in the presence of an administrator, except pre-employment and job promotion materials including confidential references. Any employee shall, upon his or her request, have access to his or her personnel file maintained by the district and shall have the right to attach a written response to any item in such file. An employee may, in writing, authorize any other person to have access to such file. Such authorization shall be honored by the district.

No other person, except school officials engaged in their professional duties, shall be granted access to such file nor should the contents thereof be divulged in any manner to any unauthorized person.

The social security number is optional. It will be used by school officials to conduct background checks for employment purposes, for personnel and payroll processing and for mandatory or voluntary employee benefit programs, if employed.

The term “school officials” as used herein may include individuals within the District, or individuals or companies outside the District who are providing programs, services or benefits to employees and in such capacity are deemed as acting for the District. Continuing employment shall constitute consent to this definition and the release of such information unless the employee has directed otherwise in writing.

Attorney communications files may also be maintained by the Human Resources Division. These files and the records in them are made and kept for the purpose of facilitating the rendition of professional legal services to the District. Attorney communications files include attorney-client privileged information, or work product of the District and an attorney in furtherance of the rendition of professional legal services, and are not part of employee personnel files.

The official personnel records of all employees shall be maintained by the district Human Resources Division.
An employee's personnel file may contain an application and supporting documentation, personnel action forms, evaluative materials, contracts and other documents as determined by the Associate Superintendent for Human Resources or designee.
Determination of what becomes or remains part of the personnel file is the responsibility of the Associate Superintendent for Human Resources.
An employee or authorized representative can only review his/her personnel file by scheduling an appointment with an administrator or supervisor in the Human Resources Division.
After reviewing the personnel file, the employee will date and sign the folder to indicate the date of the review.
A teacher, administrator, or other employee shall have the opportunity upon request to review the employee's personnel file and to attach a response to any item in the personnel file.
Anonymous letters, materials and/or records of anonymous phone calls shall not be placed in an employee's personnel file.
The district will maintain other employee records as necessary to conduct business and comply with all state and federal rules, regulations and laws. These records are only available for review by designated administrators and supervisors. Examples of these records may include medical records, background checks, Employment Eligibility Verifications (I-9) form, and payroll records.

S. Staff Relationships with Students (Policy 4780)

Employees are prohibited from establishing an inappropriate personal relationship with students. An inappropriate personal relationship between an employee and a student is defined as including, but not necessarily 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; or any similar activity.

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

Failure to comply with this policy shall subject the employee to disciplinary action, up to an including termination.

T. Notification of Arrest, Criminal Charges or Child Abuse Complaints (Policy 4790)

Employees must notify Human Resources by the next working day of the filing of any felony or misdemeanor criminal charges, any arrests and the disposition of any criminal charges pending against them if:

The maximum penalty for the crime charged equals or exceeds six months incarceration or;
Related to child abuse, neglect or welfare or;
Job responsibilities are impacted or;
An employee's Commercial Drivers License is impacted or;
A penalty of incarceration is imposed or;
Arrest or criminal activity occurs while employee is on duty, or at a school attendance facility, on school property, at a school-supervised activity or school-sponsored function, or in a school owned or utilized vehicle.

Legal documents relating to criminal charges, arrests, and child abuse complaints shall be treated and maintained as part of the employee's confidential criminal background file.

Failure to notify Human Resources as required under this policy may subject the employee to disciplinary action, up to and including termination.

U. Possession of a Weapon by Employees (Policy 4800 and Policy Regulation 4800.1)

The District prohibits any employee from being in possession of a weapon at a school attendance facility, on school property, at a school-supervised activity, or at a school-sponsored function. Any employee found to be in violation of this policy shall be subject to disciplinary action, up to and including termination.

As used in this policy, the term "weapon" means an instrument or object used or which may be used, as a means of attack, defense, or destruction, including, without limitation:
1. Any object which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive or other means;
2. The frame or receiver of any object described in the preceding example;
3. Any firearm muffler or silencer;
4. Any explosive, incendiary or gas (a) bomb, (b) grenade, (c) rocket, (d) missile, (e) mine, or similar device;
5. Any bludgeon, sandclub, metal knuckles, or throwing star
6. Any knife other than as used for strictly instructional or personal care or eating purposes. A pocket knife with a blade of 2-1/2 inches or more is a prohibited weapon. A switch-blade knife is prohibited regardless of size of the blade. Maintenance employees may possess a knife with a blade of 2-1/2 inches or more if such a knife is necessary as a tool for the employee’s work and if used in a manner for which it was designed. A switch-blade knife is defined as a knife with a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of a knife, or any knife having a blade taht opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement;
7. Any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun;
8. Any other object that is designed for or intended for use as a destructive or injurious device.
An employee may possess mace or other similar chemical agents in quantity and/or concentration typically designed for individual personal defensive purposes and it shall not be considered in possession of a weapon. Possession of larger quantities and/or concentrations of mace or other similar chemical agents than is typically designed for individual personal defensive purposes will be considered as possession of a weapon. Usage of mace or other similar chemical agents will be considered as usage of a weapon if the usage is found to be for non-defensive purposes. An employee who is negligent in their possession of mace or other similar chemical agents will be subject to disciplinary action.
An employee may possess an item which may be considered a weapon where such item is used for instructional purposes and the employee has received approval of the administration to possess the item, provided it is used in the manner approved and is maintained in such manner as the administration has directed.
As used in this policy, the phrase "possession of a weapon" includes, without limitation, a weapon in an employee's personal possession, as well as in an employee's motor vehicle, desk, locker, backpack, or purse.

V. Visitors to Employees (Policy 4810)

Employees are not to have visitors on school property except on a short-term basis and only with the permission of the principal or supervisor. Included in the definition of visitors are family members of the employee. Visitors should follow posted procedures for being on school property. Staff is prohibited from bringing their children to school with them in lieu of taking them to childcare.

W. Personal Effects Not Replaced (Policy 4840)

Employees are discouraged from bringing personal items to work. Reimbursement by the district for stolen or damaged items will not be authorized.

X. Civility of Employees (Policy 4750)

All employees shall behave with civility, fairness and respect in dealing with fellow employees, students, parents, patrons, visitors, and anyone else having business with the District. Uncivil behaviors are prohibited.

Uncivil behaviors shall be defined as any that are physically or verbally threatening, either overtly or implicitly, as well as behaviors that are coercive, intimidating, violent or harassing. Such interactions could occur in telephone conversations, voice mail messages, face-to-face conversations, written communications, including email messages.

Any uncivil behavior should be reported to the immediate supervisor or to the Human Resources Division. Employees may be subject to disciplinary action under building and/or district policy or guidelines. Retaliation against a person who reports a claim of uncivil behavior is prohibited.

Y. Certificated Personnel-Professional Performance and Code of Ethics (Policy Regulation 4760.1)

It is the expectation of this District that all certificated staff shall comply with the ethics standards set forth by the Nebraska Department of Education, as such standards may be modified from time to time. The ethics standards which certificated staff shall follow shall include the standards set forth in this policy. References to “educator” shall include all certificated employees of the District.

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 all educators with respect to ethical and professional conduct.

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:

Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.
Shall not discriminate on the basis of race, color, creed, sex, marital status, age, national origin, ethnic background, or handicapping condition.
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.
Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.
Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage.
Shall not sexually harass students, parents or school patrons, employees, or board members.
Shall not have had revoked for cause in Nebraska or another state a teaching certificate, administrative certificate, or any certificate enabling a person to engage in any of the activities for which an educator’s certificate is issued in Nebraska.
Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.
Shall report to the Superintendent any known violation of these standards.
Shall seek no reprisal against any individual who has reported a violation of these standards.

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:

Shall permit the student to pursue reasonable independent scholastic effort, and shall permit the student access to varying points of view.
Shall not deliberately suppress or distort subject matter for which the educator is responsible.
Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety.
Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student.
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.
Shall not tutor for remuneration students assigned to his or her classes unless approved by the Board of Education.
Shall not discipline students using corporal punishment.

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, 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:

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.
Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities.
Shall neither offer nor accept gifts or favors that will impair professional judgment.
Shall support the principle of due process and protect the political, citizenship, and natural rights of all individuals.
Shall not commit any act of moral turpitude, nor commit any felony under the laws of the United States or any state or territory.
Shall, with reasonable diligence, attend to the duties of his or her professional position.

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:

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.
Shall not misrepresent his or her professional qualifications, nor those of colleagues.
Shall practice the profession only with proper certification, and shall actively oppose the practice of the profession by persons known to be unqualified.

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:

Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
Shall not knowingly withhold information regarding a position from an applicant or employer, or misrepresent an assignment or conditions of employment.
Shall give prompt notice to the employer of any change in availability of service.
Shall conduct professional business through designated procedures, when available, that have been approved by the Board of Education.
Shall not assign to unqualified personnel tasks for which an educator is responsible.
Shall permit no commercial or personal exploitation of his or her professional position.
Shall use time on duty and leave time for the purpose for which intended.

Z. Standards for Classified Employees (Policy 4770)

In fulfillment of the employee's professional responsibilities, the employee:

Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, other employees, parents, school patrons, or school board members.
Shall not discriminate on the basis of race, color, creed, sex, marital status, age, national origin, ethnic background, religion, handicapping condition or sexual orientation.
Shall not use coercive means, or promise or provide special treatment to students, other employees, school patrons, or school board members in order to influence professional decisions.
Shall not make any fraudulent statement or fail to disclose a material fact for which the employee is responsible.
Shall not exploit relationships with students, other employees, parents, school patrons, or school board members for personal gain or private advantage.
Shall not harass in any manner students, parents or school patrons, employees, or board members.
Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of duties.
Shall keep in confidence personally identifiable student or employee information that has been obtained in the course of service to the district, unless disclosure serves professional purposes, or is required by law.
Shall not discipline students using corporal punishment.
Shall not misrepresent the school district, and shall take added precautions to distinguish between the employee’s personal and institutional views.
Shall abide by policies and regulations of the Board of Education and the rules and standards established by the administration and the employee’s supervisor.
Shall seek no reprisal against any individual who has reported a violation of these standards.

AA. Dispensing Medication (Policy 5503)

Medication will be administered only in accordance with the Medication Aide Act. Medications will not be administered during school hours except as necessary to provide appropriate educational services. Parents/guardians are encouraged to have medications given at home by the parents or by other responsible parties identified by the parent.

The school district reserves the right to review and decline requests to administer or provide medications which are not consistent with standard pharmacological references, are prescribed in daily doses which exceed the dosage recommended by standard pharmacological references or which could be prescribed in a manner which would eliminate the need for giving medication during school hours. The school district may at any time consult with the student's physician with regard to any medication prescribed by such physician.

A physician's authorization and a parent/guardian request and authorization for the provision or administration of medication must be on file with the school prior to school district personnel providing or administering medication to a student. The only exceptions are as follows:

Emergencies, defined as situations when there is a need for immediate provision or administration of medication to preserve the health, safety and welfare of a student.
Non-prescription medications identified by the Department of Student Services from time to time as not requiring the authorization of a physician for administration or provision by school personnel, but only with prior written parent/guardian consent.
Non-prescription topical (non-systemically-acting) products typically used in school health offices as identified by the Department of Student Services as not requiring the prior authorization of parent/guardian or physician for occasional use for first aid and/or personal care purposes.

Medication which is to be provided or administered by school district personnel must be delivered to the school in the manufacturer's or pharmacy container and be maintained in such container at all times. The container must be properly labeled, meaning that it must include the child's name, physician's name, the name of the drug and directions for provisioin or adminstration of the medication.

BB. Reporting Child Abuse (Policy 5504 and Policy Regulation 5504.1)

Any Lincoln Public Schools employee who has reasonable cause to believe that a child has been subject to abuse or neglect or observes such person being subject to conditions or circumstances which would reasonably result in abuse or neglect shall report the same to: Protective Services, Lincoln Police Department or the State Office of Social Services.

In addition to reporting the alleged abuse or neglect to the proper authorities, the employee shall also inform the employee's principal or other immediate supervisor of the alleged abuse or neglect.

Abuse or neglect is defined in Nebraska Statutes as follows:

Abuse or neglect shall mean 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 year 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.

All employees and administrators will fully cooperate with the law enforcement agencies and the Office of Social Services with regard to alleged abuse or neglect. Under Nebraska Statutes a person making a report under this section is immune from any liability, civil or criminal, that might otherwise be incurred or imposed except for maliciously false statements. Failure to make the report as required by the Nebraska Statutes with regard to alleged child abuse or neglect does constitute a Class III misdemeanor, which carries a maximum penalty of three-month imprisonment and a $500 fine.

It is vital that the report be made as accurately and as soon as possible. To assure accuracy, you are encouraged to document the date of the incident and specific statements or explanations made by a child regarding an abuse/neglect concern. Timeliness in making a report will assist in minimizing further risk to the child by allowing the police or Child Protective Services workers to interview the child prior to an evening or weekend. In cases of physical injury (e.g., bruising or other marks), it is essential the police observe and document the injury. A counselor, the school social worker or an administrator will help you.

If the suspected abuser is an LPS employee, also notify the Associate Superintendent for Human Resources.

CC. Security of Desks and Lockers

Offices, desks, lockers, file cabinets and other such storage devices ("storage devices") are owned by the school and are to be properly cared for and maintained. Appropriate security measures should be used to protect school and personal property kept in storage devices from theft or vandalism and to protect confidential student records.

The school exercises exclusive control over school property and reserves the right to search offices and storage devices provided to or used by employees where permitted by law, such as where reasonable grounds exist for suspecting that a search will turn up evidence that the employee has committed work-related misconduct, or that a search is necessary for a noninvestigatory work-related purpose, such as to retrieve a file. School-related documents or records must remain readily available to administration and other appropriate school staff. Any personal items a teacher wants to have kept private should be kept in a separate personal storage device, such as a brief case, purse or backpack.

The District is not responsible for any personal property teachers may bring to school. Teachers are cautioned not to bring large amounts of money or items of significant value to school.

DD. Video Surveillance

Notice is given that video surveillance may occur on District property. Use of video cameras will be used in appropriate locations to ensure the health, welfare and safety of staff, students and visitors to District property, and to safeguard District facilities and equipment. In the event a video surveillance recording captures a teacher, student or other building user violating school policies or rules or local, state or federal laws, the video surveillance recording may be used in appropriate disciplinary proceedings and may also be provided to law enforcement agencies.

EE. Employment of Family Member (Policy 4310 and Policy Regulation 4310.1)

1. A member of the Board of Education, administrator or other employee with supervisory responsibilities may employ, recommend or supervise the employment of an immediate family member if:

He or she does not abuse his or her official positions as such "abuse" is defined at paragraph 5 below;
He or she makes a full disclosure on the record to the Board of Education and a written disclosure to the Superintendent and/or Secretary of the Board; and,
The Board of Education approves the employment or supervisory position.

2. No immediate family member of a Board of Education, administrator or other employee with supervisory responsibilities shall be employed by the School District:

Without the school district first having made a reasonable solicitation and consideration of applicants for such employment.
Who is not qualified for or able to perform the duties of the position.
For any unreasonably high salary.
Who is not required to perform the duties of the position.

3. The Board of Education, administrators or other employees with supervisory responsibilities shall not terminate the employment an employee so as to make funds or a position available for the purpose of hiring an immediate family member.

4. Prior to or as soon as reasonably possible after the official date a Board member takes office or an employee assumes his or her responsibilities, such Board member, administrator or other employee with supervisory responsibilities shall make a full disclosure of any immediate family member employed in a position subject to this policy.

5. Abuse of an official position includes, but is not limited to, employing an immediate family member:

Who is not qualified for or able to perform the duties of the position;
For any unreasonably high salary; or,
Who is not required to perform the duties of the position.

6. A member of the Board of Education may not be employed to teach in the School District. A member of the Board of Education may not cast a vote in the election of any employee when the Board member is related by blood or marriage to such employee.

FF. Tobacco Products on School Property (Policy 4890 and Policy Regulation 4890.1)

The use of tobacco products is prohibited on school district property, at a school-sponsored activity, within school vehicles, and on property leased or contracted for educational services. Violation of this policy by employees will result in disciplinary action, up to and including termination. All staff members in school buildings share the responsibility of adhering to and enforcing the policy prohibiting the use of tobacco products.

The administrator in each building is responsible for posting the district-approved no-smoking sign at each entrance.
Smoking in the building is a violation of the Nebraska Clean Indoor Air Act and is a Class V misdemeanor.
Employees are expected to inform persons on school property that they are in violation of district policy.

GG. Employee Safety and Security

1. Occupational Blood Exposure Procedure

The district health services and the Risk Management Office have developed an employee blood exposure procedure for the district. Employees are to read the information prepared by the Risk Management Office and comply with the procedures contained within that document.

2. Drug-Free Workplace (Policy 4900 and Policy Regulation 4900.1)

The school district recognizes that the use, possession, or being under the influence of illicit drugs or alcohol constitutes a hazard to the positive development of students and employees and a substantial interference with school purposes.

The unlawful manufacture, distribution, disposition, possession, or use of a controlled substance is prohibited in the work place. Employees are also prohibited from possessing, using or distributing illicit drugs or alcohol, or being under the influence of illicit drugs or alcohol, on any district property or district sponsored event. Any level of impairment from illicit drugs, alcohol, or inhalants, and the presence of any odor of illicit drugs (such as marijuana) or alcohol in the work place or on duty time shall be a violation of the drug-free workplace.
The possession or distribution of a look-alike drug or look-alike controlled substance is prohibited. In addition, employees are expected to serve as role models for students and will be considered to have violated the District's expectations in the event the employee commits a criminal drug or alcohol offense off the work place or off duty time.
As a condition of employment, employees will abide by the District's drug-free workplace policies and notify the Associate Superintendent for Human Resources or designee of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction.
Disciplinary sanctions up to and including termination of employment and referral for prosecution will be imposed upon employees who violate the aforementioned standards of conduct. Sanctions for violation thereof may include the requirement that the employee complete an appropriate rehabilitation program, reprimands, and non-renewal, cancellation, or termination of contract of employment.
Employee shall be advised through employee publications about drug and alcohol counseling and rehabilitation and reentry programs that are available.
Employees shall be furnished with a copy of this regulation.

This regulation supplements and is in addition to all other policies, regulations, practices, procedures and contractual provisions regarding or related to the improper or unlawful possession, use or distribution of illicit drugs and alcohol.

The district's regulations and practices comply with the Federal Drug-Free Schools and with the Omnibus Transportation Employee Testing Act of 1991.

3. LPS Safety Committee and Injury Prevention Program

Board of Education Regulation 4670.3 outlines the Safety Committee and Injury Prevention Program.

LPS has a district safety committee to address employee accidents, injuries and work place conditions. A representative from each bargaining group plus representatives appointed by administration serve on the committee. The committee meets every other month during the school year and minutes are distributed to each location to be posted in the following areas:

Employee lounge
Office area
Custodial area
Nutrition Services area
Para work area

Employee representatives are appointed by their respective employee groups. If you have a desire to serve on the committee, you should contact your employee group president.

Employees can make suggestions and/or report concerns to the safety committee in the following ways: 1) contact your employee group representative, 2) contact your employee group president, or 3) by writing to the Safety Committee in care of Risk Management, Box 14, LPSDO. All signed concerns will receive a written response from the committee.

The District Injury Prevention Program
The school district will strive to reduce and eliminate accidents and injuries by the following written injury prevention program:

Supervisors will review all accidents/injuries for causation and make a written report to the Risk Management office. In addition, the Risk Management office, Workers’ Compensation Committee and District Safety Committee will review all accident reports and make recommendations for prevention and/or training.
Supervisors, or designee, will provide job site safety and health instruction for their employees as prescribed by the district. Specific written safety rules for each job under their supervision will be developed. The instruction will include general safety guidelines related to training, use of protective equipment and how to work in a safe and healthy manner for each job.
Supervisors, or designee, will train all new employees on safety and health practices, before they begin their work. A “Safety Orientation Checklist” designed by the supervisor for that particular job, will be completed.
Supervisors, or designee, will annually review safety and health practices with all employees.
Supervisors, or designee, will train all employees on safety and health practices when new job functions are added.
Supervisors, or designee, will conduct daily inspections of all work areas for hazards. If hazards are found, they will be corrected by site personnel or a Request for Repair will be forwarded to Maintenance.
Supervisors will expect all employees to adhere to district safety and health rules.

4. Hazard Communication Program

Lincoln Public Schools has developed a Hazard Communication Program for the safety and protection of its employees.

The program provides employees of the Lincoln Public Schools their "Right-to-Know" information concerning the hazards and identities of the hazardous materials they may be exposed to while working. Also, the measures that the employee can take to protect themselves against these hazards are identified. Chemical exposures can occur in most any work environment.

Employees are at a significant risk of adverse health effects without proper and adequate knowledge of how to deal with hazardous materials. Chemicals can contribute to a number of hazards to workers, from mild health effects, such as irritation, to death. Chemicals can also create physical hazards by contributing to fires and explosions.

Safety programs are successful when modification of employer and employee behavior takes place. Becoming familiar with the Lincoln Public Schools Hazard Communication Program and its training procedures is the best way an employee can become a part of a healthful and safe working environment.

To get information on the current Hazard Communication Program for Lincoln Public Schools, contact the Director of Facilities at the Maintenance Department (extension 1072).

HH. Workers' Compensation Procedures (Policy Regulation 4670.2)

All employees come under the provisions of the Nebraska Workers’ Compensation law.

Employees are required to immediately report any work-related injury and/or work-related medical condition to their supervisor and complete all appropriate paperwork. The supervisor is to be knowledgeable of the district’s procedures and direct the employee to comply with the reporting process. Details of eligibility, benefits, reporting, etc. are found in Human Resources Bulletin #2.

The Risk Management Department, with the aid of other human resources personnel and district legal council, is responsible for complying with all state and federal regulations related to workers’ compensation and developing risk and cost containment procedures

II. Use of District Computer Network and Internet

Some district employees have access to the district computer network and the Internet for the enhancement and support of student instruction. It is important to remember that the equipment and the software are the property of the school district.

In using the computers and the Internet, employees are agreeing to the following:

Since copyright laws protect software, employees will not make unauthorized copies of software found on school computers by any means.
Employees will not give, lend, or sell copies of software to others unless the original software is clearly identified as shareware or in the public domain.
If an employee downloads public domain programs for personal use or non?commercially redistributes a public domain program, the employee assumes all risks regarding the determination of whether a program is in the public domain.
Employees are not permitted to knowingly access information that is profane, obscene or offensive toward a group or individual based upon race, gender, national origin or religion. Further, employees are prohibited from placing such information on the Internet.
Employees will protect the privacy of other computer users' areas by not accessing their passwords without written permission.
Employees will not copy, change, read, or use another person's files.
Employees will not attempt to gain unauthorized access to system programs or computer equipment.
Employees will not use computer systems to disturb or harass other computer users by sending unwanted mail or by other means.
Employees will not disclose their passwords and account names to anyone or attempt to ascertain or use anyone else's password and account name.
Employees will not attempt to login to the system as a system administrator.
Employees understand that the intended use of all computer equipment is to meet instructional objectives.
Employees will not waste or take supplies, such as paper, printer ribbons, toner, and diskettes that are provided by Lincoln Public Schools.
Employees will not use the network for financial gain or for any commercial or illegal activity.
Attempts to bypass security systems on computer workstations or servers, or vandalism will result in cancellation of privileges. Malicious attempts to harm or destroy data of another employee, or data that resides anywhere on the Lincoln Public Schools network or on the Internet, or the uploading or creation of computer viruses are forbidden.
Lincoln Public Schools will not be responsible for any liabilities, costs, expenses, or purchases incurred by the use of LPS telecommunications systems such as the Internet. This includes, but is not limited to, the purchase of on-line services or products. The employee is solely responsible for any such charges. The employee’s signed application for an email account states that the employee is agreeing to indemnify the district for any expenses, including legal fees, arising out of their use of the system in violation of the agreement.
The Internet will be supplied for your use on an "as is, as available" basis. The Lincoln Public Schools does not imply or expressly warrant that any information you access will be valuable or fit for a particular purpose or that the system will operate error-free.
The Lincoln Public Schools is not responsible for the integrity of information accessed, or software downloaded from the Internet.
The system administrators reserve the right to refuse posting of files, and to remove files.

Any violation of any part of this agreement or any other activity which school authorities deem inappropriate will be subject to disciplinary action. Discipline could include but would not be limited to, the immediate suspension or termination of the employee’s Internet account and computer privileges.

The Lincoln Public Schools Board of Education has adopted the following policy and policy regulation concerning the utilization of technology.

Technology Resources and Internet Safety Policy (Policy 3972)

Lincoln Public Schools adopts and shall enforce a policy of making technology resources available only to advance educational goals and objectives, supplement instruction and further school purposes. The operation and use of such technology resources by students, staff and the community shall be consistent with this policy. Technology resources includes, without limitation, computers and related technology equipment, all forms of E-mail or electronic communication and the Internet. The implementation of this policy shall include technology protection measures with respect to computers with Internet access, consistent with district standards, the Children’s Internet Protection Act or other law. The superintendent or the superintendent’s designees are authorized and directed, as part of the administration of this district, to establish and enforce regulations, forms, procedures, guidelines and specific district standards to implement this policy.

Acceptable Use of Computers, Network, Internet and Websites (Policy Regulation 3972.1)

School computers and networks, and other technology resources including, without limitation, computers and related technology equipment or networks, all forms of E-mail or electronic communication, websites and all access to the Internet, including all on site or remote access thereto through school accounts, hereinafter referred to singly or collectively as “Computer Use,” and all files or information stored therein or thereon are the property of Lincoln Public Schools and shall be regulated by Lincoln Public Schools. Any Minor, Student, Adult, Staff Member or other person who engages in Computer Use as defined herein, is a “Computer User.” Computer Users have no privacy rights or expectations of privacy when using the same. Computer Use and all files or information stored therein, thereon or linked thereto may be monitored, tracked, logged, copied, reviewed and accessed at any time without prior notice. Lincoln Public Schools has complete authority to regulate all Computer Use and Computer Users. Computer Use is a privilege and not a property right. Computer Use is not a public forum. Computer Use is made available subject to all board policy and regulations, these regulations, building guidelines, use agreements, handbook provisions, and all administrative orders or directives as issued from time to time. Computer Use is limited to current Lincoln Public Schools employees and Lincoln Public Schools business uses only. Computer Use shall not be permitted for personal reasons or for purposes that are contrary to the mission of the building site or the Lincoln Public Schools, unless deemed incidental, intermittent or occasional. Any Computer Use for profit is strictly prohibited. All Computer Users are hereby notified that any Computer Use as defined herein shall constitute an agreement by the Computer User to be bound by all Lincoln Public Schools policies and regulations, these regulations, building guidelines, use agreements, handbook provisions, and all administrative orders or directives as issued from time to time.

A. Definitions

1. Computer Use — Shall mean and include the use of school computers and networks and other technology resources including, without limitation, computers and related technology equipment or networks, all forms of E-mail or electronic communication, websites and the Internet including onsite or by dial-up or remote access thereto through school accounts, as well as any use which involves visual depictions, audio, video or text, in any form.

2. Computer User — Shall mean and include any Minor, Student, Adult, Staff Member or other person who engages in Computer Use as defined herein.

3. Access to the Internet — A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network which has access to the Internet, or which accesses the Internet by dial-up or remote access using a school Internet account.

4. Minor — Shall mean an individual who has not attained the age of 19.

5. Student — Shall mean an individual, regardless of age, including a Minor who is receiving educational services and is enrolled in Lincoln Public Schools.

6. Obscene — Shall have the meaning given such term in Section 1460 of Title 18, United States Code.

7. Child Pornography — Shall have the meaning given such term in Section 2256 of Title 18, United States Code.

8. Harmful to Minors — Shall mean any picture, image, graphic image file or other visual depiction that:

a. taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion;

b. depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual sexual act or sexual contact, actual normal or perverted sexual acts or a lewd exhibition of the genitals; and

c. taken as a whole, lacks serious literary, artistic, political or scientific value as to minors.

9. Hacking — Shall mean Computer Use or using the Internet to attempt to gain unauthorized access to proprietary computer systems.

10. Technology Protection Measure — Shall mean and refer to a proxy server managed by Lincoln Public Schools that blocks and/or filters Internet access.

11. Authorized Adult Staff Member — Shall mean and refer to an adult staff member of Lincoln Public Schools.

12. Adult — Shall mean and refer to all Lincoln Public Schools employees or staff members and any other individual, whether an employee of Lincoln Public Schools or not, age 19 or older, except a Student as defined herein, who is a user of school computers or engages in Computer Use.

B. Computer Use and Access to Internet by Minors or Students

Minors or students accessing Internet services or engaging in Computer Use as defined herein shall be subject to the following rules and regulations, along with any additional building guidelines, use agreements, handbook provisions and all administrative orders or directives as issued from time to time:

1. Minors or students shall not access information or material that is obscene, child pornography, harmful to minors or students or otherwise inappropriate matter for educational or school-related uses.

2. Minors or students shall not engage in Computer Use which involves hacking or attempts to otherwise compromise any proprietary computer system’s security or other unlawful activities by minors or students online or otherwise.

3. Minors or students shall not use electronic mail, chat rooms and other forms of direct electronic or computer communications without approval of an authorized adult staff member.

4. Minors or students shall not disclose, use or disseminate personal identification information or personally identifiable information of themselves or others while engaging in Computer Use or while otherwise using or on the school account, computer, network or Internet.

5. Minors or students shall not engage in illegal activities on the Internet.

C. Computer Use and Access to Internet by Adults

Adults accessing Internet services or engaging in Computer Use as defined herein shall be subject to the following rules and regulations, along with any additional building guidelines, use agreements, handbook provisions and all administrative orders or directives as issued from time to time:

1. Adults shall not access material that is obscene, child pornography or otherwise inappropriate matter for educational or work-related uses or contrary to the School’s mission.

2. Adults shall not engage in Computer Use which involves hacking or attempts to otherwise compromise any proprietary computer system’s security or other unlawful activities by Adults online or otherwise.

3. Adults shall not engage in illegal activities on the Internet.

D. Technology Protection Measure

Lincoln Public Schools shall use a technology protection measure that blocks and/or filters Internet access to prevent access to Internet sites that are not in accordance with policies and regulations. In addition to blocks and/or filters, Lincoln Public Schools may also use other technology protection measures or procedures as deemed appropriate.

1. The technology protection measure that blocks and/or filters Internet access may be disabled only by an authorized staff member for bona fide research or educational purposes; (a) who has successfully completed district training by the Department of Instructional Technology on proper disabling circumstances and procedures, (b) with permission of the immediate supervisor of the staff member requesting said disabling, or (c) with the permission of a building administrator.

2. An authorized staff member may override the technology protection measure that blocks and/or filters Internet access for a minor to access a site for bona fide research or other lawful purposes during which time the minor will be monitored directly by the authorized staff member or his/her designee.

E. Adult or Minor Websites

Lincoln Public Schools has complete authority to regulate school property websites along with all content and posted link therein. This includes authority to shut down or remove any such website or posted link therein. All school property websites are bound by and must comply with all Lincoln Public Schools policies and regulations, these regulations, building guidelines, use agreements, handbook provisions and all administrative orders or directives as issued from time to time.

F. Violations of Rules

Any violation of Lincoln Public Schools policies and regulations, these regulations, building guidelines, use agreements, handbook provisions or administrative orders or directives as issued from time to time on Computer Use by any Computer User as defined herein, including access to the Internet may result in removal of privileges, reporting to law enforcement agencies and additional disciplinary action, including possible expulsion for minors or students or termination of employment for staff members or employees.

G. Objections

Objections to technology protection measures or related matters shall be handled under Regulation 6440.4 using the same procedures as are used for objections to the use of curriculum materials.

H. Severability

If any portion of this regulation or any section, sentence or word is held invalid for any reason, the remainder shall not be affected thereby.

JJ. Outside of School Employment (Policy 4870)

Employees shall not perform duties unrelated to district employment during their regularly assigned schedule. In addition, employees shall not engage in employment which conflicts with their duties for the district.

Employees are not required to notify the Lincoln Public Schools of outside employment, except employees who are also employed by another Nebraska school district in order to comply with Nebraska State Retirement System regulations.

Employees who have a work-related injury are required to notify the district of any employment outside the district.

KK. Soliciting and Selling (Policy 4830)

Employees shall not allow salespersons, representatives or agents of any commercial enterprise or theatrical presentation to call upon, secure contracts or student orders and business from employees engaged in their duties except for such times as may be designated by the Superintendent or designee.

Employees shall not use classrooms, buildings or other school property for personal use, profit, or commercial enterprise without specific approval from the district. Employees shall not use time for which the employee is paid by the district to engage in any activity for personal financial profit. Any violation of this policy will be held to be willful insubordination.

LL. Overtime (Policy Regulation 4600.2)

Lincoln Public Schools complies with the Fair Labor Standards Act (FLSA) to determine eligibility for overtime. Human Resources classifies all employees as either exempt or non-exempt based upon the job description. Administrators are exempt from the overtime requirement of FLSA.

The District’s policy is to not permit improper deductions from the salary of exempt employees due to absences from work. An employee who feels an improper deduction affecting exemption status has occurred may submit a complaint to the Associate Superintendent for Human Resources or designee, who shall promptly investigate the complaint. Reimbursement shall be made and a good faith commitment to comply in the future will be given in the event it is determined that an improper deduction affecting overtime exemption has been made.

The District’s policy is to authorize unpaid disciplinary suspensions of a full day or more for infractions of workplace conduct rules and to apply such policy uniformly to all similarly situated employees, including all exempt employees. Unpaid disciplinary suspensions of a partial day or of a full day or more may be implemented for infractions of safety rules of major significance. Deductions of pay of a partial day or of a full day or more may be made for Family Medical Leave Act (FMLA) leaves and in the first and last weeks of employment.

MM. Return of District Property Upon Separation or Leave of Absence (Policy Regulation 4400.4)

When, for any reason, employment ends, the former employee is to return all district property immediately. If the immediate return of district property is not possible, the employee is to return the property within one working day. District property includes but is not limited to building keys, name badges, teacher edition texts and district computer equipment.

Any employee granted a full-time leave of absence should return all district property prior to taking such leave.

NN. Telephone Monitoring (Policy Regulation 3972.2)

Lincoln Public Schools telephone systems are property of the district and are capable of recording conversations. Users have no privacy rights or expectations of privacy when using such telephone systems. Use is a privilege and not a property right. Telephone use is not a public forum.

Lincoln Public Schools will not monitor or record telephone calls of its employees in most instances, nor will it examine the content of recorded telephone calls or information stored on its systems except under certain circumstances. Examples of when monitoring and/or review and use of recorded telephone calls or information may occur include, but are not limited to, the following circumstances:

The interceptor is a party to the communication;
The employee has given express consent;
Exposure to technical staff that are operating in good faith to resolve technical problems
Routine administrative functions, such as security tests of telephone systems and information
An investigation into claims or fraud against the district, or violations of law or policy.

OO. Resignation of Certificated Employees (Policy Regulation 4400.1)

The district may refuse to accept the resignation of a certificated employee, including a resignation given mid-year and a resignation given for the following school year after April 15 or after execution of a contract or renewal letter.