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Administrative Employment Guidelines

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

IV. STATE AND FEDERAL PROGRAMS

Notice of Nondiscrimination

Lincoln Public Schools does not discriminate on the basis of race, color, national origin, gender, marital status, disability, religion, age or sexual orientation in admission or access to, or treatment of employment, in its programs and activities. The Coordinators listed in the following section have been designated to handle inquiries regarding complaints, grievance procedures or the application of these policies of nondiscrimination.

Local complaint or grievance procedures are provided for by the district and set forth in this handbook. If an employee does not feel that a complaint of nondiscrimination has been satisfactorily resolved at the school level, the employee may file a complaint with the appropriate federal or state agency. Complaints are to be filed with the regional Department of Education, Office for Civil Rights where the complaint relates to Title IX (discrimination, harassment or lack of equity based on gender), Title VI (discrimination or harassment based on race, color, or national origin), or Section 504 (discrimination, harassment or failure to accommodate a disability). Complaints are to be filed with the regional U.S. Equal Employment Opportunity Commission (EEOC) if the complaint relates to Title VII (discrimination or harassment based on race, color, gender, national origin, or religion), the Americans with Disabilities Act (discrimination, harassment or failure to accommodate a disability), or the Age Discrimination in Employment Act (discrimination based on age). The contact information for the OCR and the EEOC in this regard are:

Office for Civil Rights The U.S. Equal Employment Opportunity Commission (EEOC)
8930 Ward Parkway 1801 L Street, N.W. Suite 2037
Kansas City, MO 64114 Washington, D.C. 20507
(816) 268-0550; FAX: (816) 823-1404; TDD: (800) 437-0833 (800) 669-4000; TDD: (800) 669-6820

A publication provided by the federal government concerning rights of non-discrimination is contained as Appendix G of this handbook.

Designation of Coordinators

Any person having inquiries concerning the District's compliance with anti-discrimination laws or policies or other programs should contact or notify the following person(s) who are designated as the coordinator for such laws, policies or programs. The contact address for each coordinator is: Lincoln Public Schools, 5901 "O" Street, Lincoln, NE 68508. The telephone numbers are provided below.

Law, Policy or Program

Issue or Concern

Coordinator

Law, Policy or Program Issue or Concern Coordinator
Title VI Discrimination or harassment based on race, color, or national origin; harassment Dr. Becky Wild - Equity Administrator-436-1650 (Students)
Thomas Christie - Multicultural Administrator-436-1604 (Students)
Employees should contact Dr. Nancy Biggs, Associate Superintendent for Human Resources-436-1575
Title IX Discrimination or harassment based on sex; gender equity Dr. Nancy Biggs, Title IX Officer and Associate Superintendent for Human Resources-436-1575
Section 504 of the Rehabilitation Act and the Americans with Disabililities Act (ADA) Discrimination, harassment or reasonable accommodations of persons with disabilities Marla Styles, ADA Coordinator-436-1579
Dr. Becky Wild-504 Coordinator-436-1650 (Students)
Homeless student laws Children who are homeless Dr. Becky Wild-Homeless Coordinator-436-1650
Safe and Drug Free Schools and Communities Safe and drug free schools Dr. Becky Wild-Director of Student Services-436-1650

Anti-discrimination & Harassment Policy (Policy Regulation 4880.1)

Elimination of Discrimination

The Lincoln Public Schools hereby gives this statement of compliance and intent to comply with all state and federal laws prohibiting discrimination or harassment and requiring accommodations. This school district intends to take necessary measures to assure compliance with such laws against any prohibited form of discrimination or harassment or which require accommodations.

Preventing Harassment and Discrimination

All persons employed by or acting on behalf of Lincoln Public Schools are expected to:

  1. Demonstrate at all times a respect for others regardless of race, color, religion, gender, disability, handicap, age, national origin, sexual orientation, citizenship status, economic status or other personal attribute. Any verbal or physical conduct which unreasonably interferes with the person's work performance or creates an intimidating work environment constitutes harassment or discrimination.
  2. Refrain from actions or the use of language, including ethnic or racial slurs, which is disparaging or demeaning to an individual's appearance, ability, beliefs or other personal attibutes.
  3. Refrain from unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication constituting sexual harassment. Sexual harassment may take many forms including, but not limited to:
    1. Verbal harassment or abuse including unwelcome sexually oriented communication;
    2. Subtle pressure or requests for sexual activity;
    3. Unnecessary touching of an individual, e.g., patting, pinching, hugging, repeated brushing against another person's body;
    4. Requesting or demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or student's status;
    5. Requesting or demanding sexual favors accompanied by implied or overt promise of preferential treatment with regard to an individual's employment or student status; or
    6. Sexual assault.
  4. Report any incident of harassment or discrimination of or by any employee, student or non-employee within or which affects the school environment.

Complaint and Grievance (Policy Regulation 4880.2)

All employees are responsible for helping to prevent discrimination or harassment. Employees who believe they have been subjected to, or believe they have witnessed discrimination or harassment should follow these procedures:

  1. Directly inform the person engaging in the discrimination or harassment that such conduct is offensive and must stop.
  2. Contact your principal or supervisor or the principal or supervisor of the offending person, or contact the Title IX Officer, the Associate Superintendent for Human Resources, if you do not wish to communicate directly with the person whose conduct is offensive or if direct communication with the offending person has been ineffective.
  3. Report the matter to the Title IX Officer, the Associate Superintendent for Human Resources, if the offending conduct continues or has not been resolved to your satisfaction after you have reported the matter to a principal or supervisor.
  4. Report to the principal or the supervisor of the school or to the Title IX Officer, the Associate Superintendent for Human Resources, if you are the adult to whom the student has made a report so that the matter can be properly resolved.

Allegations of harassment or discrimination shall be investigated and if substantiated, corrective or disciplinary action taken, up to and including dismissal from employment if the offender is an employee, or suspension and/or expulsion, if the offender is a student. Retaliatory action will not be taken against an employee for reporting discrimination or harassment.

The Discrimination/Harassment Complaint Form is contained in Appendix F .

Grievance Procedure for Persons with a Disability

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act address discrimination, harassment or failure to provide reasonable accommodations to persons with a disability. The following grievance procedure shall be used for resolution of complaints of alleged violations of the ADA or Section 504;

  1. Complaints shall be filed with the ADA and Section 504 Coordinator. Complaints shall be made in writing, unless the Complainant's disability prevents such, in which event the Complaint can be made verbally.
  2. Complaints shall set forth: (a) the name of the Complainant, (b) the address and telephone number or other such information sufficient to enable the Coordinator to contact the Complainant, (c) a brief description of the alleged violation, and (d) the relief requested by the Complainant.
  3. Complaints shall be investigated by the Coordinator or the Coordinator's designee. Investigations shall be thorough, but informal, and the Complainant shall be given a full opportunity to submit evidence relevant to the complaint.
  4. The Coordinator shall make a decision on the Complaint within thirty (30) days of the filing of the Complaint, unless such time period is extended by agreement of the Complainant. The decision shall be made in writing, shall set forth the Coordinator's proposed resolution of the Complaint, and shall be forwarded to the Complainant.
  5. The Complainant shall have ten (10) days from the date the Coordinator's decision is sent to the Complainant to accept or reject the Coordinator's proposed resolution, and shall be deemed to have accepted the proposed resolution unless the Complainant rejects the proposed resolution within such time period. In the even the complainant rejects the proposed resolution, the complainant shall be given the opportunity to file a request for reconsideration within the ten (10) days from the date the Coordinator's decision is sent to the Complainant. The request for reconsideration shall be filed with the Coordinator. The Coordinator shall consider any additional information provided in the request for reconsideration and make a decision on the request for reconsideration within ten (10) days after the request for reconsideration was filed.

Confidentiality of Student Records (FERPA)

The Family Educational Rights and Privacy Act (FERPA) gives parents and students over 18 years of age rights of access and confidentiality with respect to education records. Employees are expected to provide access rights and maintain the confidentiality of education records in accordance with FERPA and Board policy. Further information about FERPA and the District's policies under FERPA are found in Board policy and in the student handbook.

Disclosure of Student Information to Military Recruiters and Colleges

The No Child Left Behind Act requires the District to provide military recruiters and institutions of higher education access to secondary school students' names, addresses and telephone listings. Parents and secondary students have the right to request that the school not provide this information (i.e., not provide the student's name, address, and telephone listing) to military recruiters or institutions of higher education, without their prior written consent.

All requests for student information from recruiters and institutions of higher learning are to be referred to the building principal.

Disclosure of Staff Qualifications (Policy Regulation 4330.2)

The No Child Left Behind Act gives parents/guardians the right to get information about the professional qualifications of their child's classroom teachers. The district designates the following information at "directory information" and will give parents/guardians such information upon request:

  1. Whether the teacher has met State qualifications and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
  2. Whether the teacher is teaching under an emergency or provisional teaching certificate.
  3. The baccalaureate degree major of the teacher, along with information about other graduate certification or degrees held by the teacher, and the field of discipline of the certification or degree.
  4. Whether the parent/guardian's child has been assigned, or has been taught for four or more consecutive weeks, by a teacher who does not meet the requirements of the NCLB.

Student Privacy Protection

The No Child Left Behind Act requires the district to protect the privacy of students. Further information about student privacy and the district's policies with regard to student privacy are found in Board policy and in the student handbook. In general, employees are expected to comply with these provisions of the NCLB and related Board policy, as follows:

  1. Student surveys

The Director of Evaluation will be responsible for reviewing and approving requests to conduct external research in the Lincoln Public Schools. A Lincoln Public Schools Research Review Committee will be established to assist in the review process. The purpose of the review is to insure that external research proposals do not unduly interfere with instruction and that the rights of students, parents and staff are adequately protected. In the review process, priority will be given to research that is of interest to Lincoln Public Schools staff or that has direct application for the improvement of educational practice. Based on the review the proposal will either be approved or disapproved.

External research is defined as research being conducted by individuals or by institutions other than the Lincoln Public Schools or Educational Service Unit 18 on behalf of the Lincoln Public Schools. Research conducted by district employees as part of their job responsibilities is considered to be district research and is not covered by this policy. However, research conducted by employees to meet course or graduation requirements of an institutuion of higher education is classified as external research.

Participation in research is defined as using instructional time on research-related activities including the collection of data; providing information about Lincoln Public Schools students, the district or a school; and the completion of surveys distributed through school channels and interviews conducted during the school day. It does not include the completion of surveys received through the U.S. mail by individual teachers or administrators, or interviews conducted after normal school hours.

Participation of schools and individual staff in approved external research is voluntary. The building principal can decide whether or not his/her building and staff will participate in an approved external research project.

Requests to conduct research in the Lincoln Public Schools must be submitted in writing to the Director of Evaluation at least 30 days before the study is scheduled to begin. The request must include (1) the name, address, telephone number, agency affiliation (if there is one) and signature of the primary investigator(s); (2) a brief description of the study that addresses objectives, rationale, procedures, and timelines; (3) detailed information on what is expected of the Lincoln Public Schools; (4) copies of all data collection instruments, parent/guardian/participant consent forms, and materials to be used with students.

Prior written consent of a parent or legal guardian will be required for student surveys, evaluations, questionnaires, opinionnaires, interviews or other assessments which include one or more questions regarding, or which may reveal information concerning:

  1. political affiliation
  2. mental and psychological problems potentially embarrasing to the student or his/her family
  3. sex behavior or attitudes
  4. illegal, anti-social, self-incriminating and demeaning behavior
  5. critical appraisals of other individuals with whom the student has close family relationships
  6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or
  7. income

Parents/guardians and students shall be given notice of their right to not participate in such research studies in the consent forms and annually in the same manner parents/guardians and students are informed of rights under the Family Educational Rights and Privacy Act.

Prior written consent of a parent or legal guardian will also be required for any research in which confidentiality cannot be guaranteed.

All surveys, assessments and other data collection instruments shall be made available to parents and legal guardians for review prior to their use with students. The instruments will also be available for review for a reasonable period of time following their use with students. The researcher shall be required to make the instruments available to parents and legal guardians upon the school's request.

  1. Instructional materials - permit parents upon reasonable request to inspect any instructional material used as part of the educational curriculum for their child. The term "instructional materials" does not include academic tests or academic assessments for purposes of this parent inspection requirement. If you receive such a request, direct the parent to contact your building principal and also inform the building principal yourself about the request to get instructions.
  2. Collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information - the district policy is to not gather such information for such purposes.

Parental Involvement (Policy 6443 and Policy Regulation 6443.1)

General - Parental/Community Involvement in Schools

Lincoln Public Schools welcomes parental involvement in the education of their children. We recognize that parental involvement increases student success. It is Lincoln Public Schools' policy to foster and facilitate, to the extent appropriate and in their primary language, parental information about, and involvement in, the education of their children. Policies and regulations are established to protect the emotional, physical, and social well-being of all students.

  1. Parental involvement is a part of the ongoing and timely planning, review and improvement of district and building programs.
  2. Parents are encouraged to support the implementation of district policies and regulations.
  3. Parents are encouraged to monitor their student's progress by reviewing quarterly report cards and attending parent-teacher conferences.
  4. Textbooks, tests and other curriculum materials used in the district are available for review by parents upon request.
  5. Parents are provided access to records of students according to law and school policy.
  6. Parents are encouraged to attend courses, assemblies, counseling sessions and other instructional activities with prior approval of the proper teacher or counselor and administrator. Parents' continued attendance at such activities will be based on the students' well-being.
  7. Testing occurs in this school district as determined to be appropriate by district staff to assure proper measurement of educational progress and achievement.
  8. Parents submitting written requests to have their student excused from testing, classroom instruction and other school experiences will be granted that request when possible and educationally appropriate. Requests should be submitted to the proper teacher or administrator within a reasonable time prior to the testing, classroom instruction or other school experience and should be accompanied by a written explanation for the request. A plan for an acceptable alternative shall be approved by the proper teacher and administrator prior to, or as a part of, the granting of any parent request.
  9. Participation in surveys of students occurs in this district when determined appropriate by district staff for educational purposes. Parents will be notified prior to the administration of surveys in accordance with district policy. Timely written parental requests to remove students from such surveys will be granted in accordance with district policy (6620, 6620.1, 6621, 6621.1). In some cases (see regulation 6621.1), parent permission must be given before the survey is administered.
  10. Parents are invited to express their concerns, share their ideas and advocate for their children's education with board members, adminstrators and staff.
  11. School district staff and parents will participate in an annual evaluation and revision, if needed, of the content and effectiveness of the parental involvement policy.

It is also the policy of Lincoln Public Schools to implement programs, activities and procedures for the involvement of parents in Title I programs consistent with the Title I laws, as amended by the No Child Left Behind Act of 2001. Such programs, activities and procedures shall be planned and implemented with meaningful consultation with parents of participating children.

Parental Involvement in Title I Programs

The policies set forth in this regulation apply to parents of students in Title I programs and have been established in order to implement programs, activities and procedures for the involvement of parents in Title I programs consistent with the Title I laws, as amended by the No Child Left Behind Act of 2001.

Expectations for Parental Involvement

It is the expectation of Lincoln Public Schools that parents of participating children will have opportunities available for parental involvement in the programs, activities and procedures of the district's Title I program. The term "parental involvement" means the participation of parents in regular, two-way and meaningful communication involving student academic learning and other school activities, including ensuring (A) that parents play an integral role in assisting their children's learning; (B) that parents are encouraged to be actively involved in their child's education at school; (C) that parents are full partners in their child's education and are included, as appropriate, in decision making and on advisory committees to assist in the education of their child; and (D) the carrying out of other activities, such as those described in this parental involvement policy. The district intends to meet this expectation through the following activities:

  1. Involving parents in the joint development of the district's Title I plan and the processes of school review and school improvement.
  2. Providing coordination, technical assistance and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academice achievement and school performance.
  3. Building the schools' and parents' capacity for strong parental involvement.
  4. Coordinating and integrating parental involvement strategies under Title I with parental involvement strategies under other programs.
  5. Conducting, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under the Title I program, including identifying barriers to greater participation by parents in Title I programs, with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy or are of any racial or ethnic minority background, and use the findings of such evaluation to design strategies for more effective parental involvement and to revise, if necessary, the parental involvement policies of the district.
  6. Involving parents in the activities of the schools served under Title I.

Homeless Students

The No Child Left Behind Act requires that homeless students not be stigmatized or segregated on the basis of their status as homeless. Homeless children generally include children who lack a fixed, regular, and adequate nighttime residence. The Homeless Coordinator should be contacted for questions relating to a homeless student.

Breakfast and Lunch Programs

The District participates in the National School Lunch Program. Employees are expected to keep information about the participation of students in the free and reduced lunch program confidential.

Confidentiality of Protected Health Information

It is the policy of the District to develop and implement all necessary practices, policies, and procedures to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) where and to the extent applicable and to maintain the privacy of protected health information (PHI), as that term is defined by HIPAA, that it receives, obtains, or transmits for employees and students. The District designates the Benefits Specialist as its HIPAA privacy officer. Student and employee records containing PHI shall be accessible only to those who require such information to carry out their duties.