Lincoln Public Schools

V. GENERAL STAFF REGULATIONS

A. Hours of Work, Meetings and Planning Time (Policy 4730 and Policy Regulation 4730.1)

1. Hours of Work for Certificated Employees

The Board of Education recognizes that certificated employees' responsibilities to their students and their profession generally involve the performance of duties and the commitment of time beyond the normal working day. The board also recognizes that teachers and other educational professionals are entitled to regular time and work schedules on which they can rely in the ordinary course of events and which will be fairly and evenly maintained to the extent possible throughout the school system.

All certificated staff are required to be on duty at such times established by their supervisor and in compliance with the negotiated agreement. Professional staff will be available on an as needed basis to complete their other duties as assigned. Regular, dependable attendance is an essential function of each employee's position.

In the event of a school or community emergency, employees are expected to remain on duty as assigned, unless notified otherwise by their supervisor.

Employees who miss meetings or inservice sessions are required to develop and carry out a plan to gain the information missed.Schools have different starting and ending times for the student day. The length of a full-time teacher's duty day is seven hours and 30 minutes. Each school will determine the length of time prior to and after the student class schedule for staff to be on-site in order to meet the required seven hours and 30 minutes. Each certificated employee will have an uninterrupted lunch period of not less than thirty minutes each school day, and no certificated employee shall be assigned teaching, supervisory, or other duties during such lunch period. Staff are expected to remain on site the entire day with the exception of the duty free lunch and may leave the building earlier when called to a professional meeting. Check out procedures shall be followed for leaving the building during the duty day.

Certificated employees is required to serve on playground, lunchroom and hall supervision as designated by the principal. The principal should attempt to make an equitable distribution of such assignments and staff shall assume such duties as part of their work and agreement of employment.

2. Meetings (Policy Regulation 4730.1)

Certificated staff is to attend required staff and professional meetings scheduled before or after school. Attendance at required conferences, Parent-Teacher Association/Parent-Teacher Organization meetings, open houses, etc., is part of the staff members' professional responsibility in addition to the regular school day.

(See Professional Agreement, Article 5, Section 18).

3. Noon Hour and Dismissal Time

Supervision of halls and play areas shall be a part of regular certificated employee duty.

It shall be the duty of the principal to develop the noon hour organization and procedures. Each certificated employee will have an uninterrupted lunch period of not less than 30 minutes each school day, and no certificated employee shall be assigned teaching, supervisory, or other duties during such lunch period. R.R.S. Nebraska (Section 79-8,107).

4. Elementary School Noon Supervision

Supervision of the noon program is considered to be part of the total school program and a part of every certificated employee's responsibility even though paraeducators are provided to assume some of the work involved.

Supervision of pupils during the lunch period shall be as follows:

In schools serving hot lunches, the lunchroom personnel shares general supervision for the lunch period while the lunchroom is in use. Behavior problems should be referred to certificated personnel on duty.

Supervision of the halls and play areas shall be provided by teachers and/or other employees as a part of their regular duties. It shall be the duty of the principal to make such assignments.

5. Elementary Planning Time

(See Professional Agreement, Article 5, Section 16.A.)

6. Middle School Level Planning Time

(See Professional Agreement, Article 5, Section 16.B)

7. Secondary Planning Time

(See Professional Agreement, Article 5, Section 16.C.)

8. Counselor Office Time

(See Professional Agreement, Article 5, Section 16.D.)

9. Secondary Grade Timelines

Secondary student grades are due in the principal's office by 4:00 p.m. of the third day after the end of the first, second and third quarter. Grades will be due on the last contract day for the fourth quarter. (Refer to teacher calendar(s) prepared by Calendar Committee and approved by Board of Education.)

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B. 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 and including termination.

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C. 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:

1. The maximum penalty for the crime charged equals or exceeds six months incarceration or;
2. Related to child abuse, neglect or welfare or;
3. Job responsibilities are impacted or;
4. An employee’s Commercial Drivers License is impacted or;
5. A penalty of incarceration is imposed or;
6. 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.

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D. 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.

1. 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. 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 prohibited regardless of size of the blade. 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 that 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.

2. An employee may possess mace or other similar chemical agents in quantity and/or concentration typically designed for individual personal defensive purposes shall not be considered as 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.
3. 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.
4. 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.

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E. Visitors to Employees (Policy 4810)

Employees are not to have visitors on school property except on a short-term basis and only with permission of the principal or supervisor. Included in this 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.

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F. 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.

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G. Certificated Personnel-Professional Performance and Code of Ethics from the Nebraska Department of Education (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:

1. Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.
2. Shall not discriminate on the basis of race, color, creed, sex, marital status, age, national origin, ethnic background, or handicapping condition.
3. 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.
4. Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.
5. Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage.
6. Shall not sexually harass students, parents or school patrons, employees, or board members.
7. 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.
8. Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.
9. Shall report to the Superintendent any known violation of these standards.
10. 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:

1. Shall permit the student to pursue reasonable independent scholastic effort, and shall permit the student access to varying points of view.
2. Shall not deliberately suppress or distort subject matter for which the educator is responsible.
3. Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety.
4. Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student.
5. 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.
6. Shall not tutor for remuneration students assigned to his or her classes unless approved by the Board of Education.
7. 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:

1. 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.
2. Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities.
3. Shall neither offer nor accept gifts or favors that will impair professional judgment.
4. Shall support the principle of due process and protect the political, citizenship, and natural rights of all individuals.
5. Shall not commit any act of moral turpitude, nor commit any felony under the laws of the United States or any state or territory.
6. 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:

1. 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.
2. Shall not misrepresent his or her professional qualifications, nor those of colleagues.
3. 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:

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

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H. Parent-Teacher Conferences

Parent-Teacher conferences are a critical opportunity for teachers to dialogue with parents (or guardians) of students regarding student achievement and learning. To this end, Parent-Teacher conferences will be scheduled and held during the school year. Teacher attendance at Parent-Teacher conferences is mandatory. A teacher may only be excused from attendance at Parent-Teacher conferences in writing by the Principal.

Teachers are expected to be prepared for such conferences. Being prepared includes having up-to-date grade books or reports.

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I. Professional Attire

It is important for teachers to project a professional image to students, parents and co-workers. Appropriate attire and grooming is one of the means of projecting a professional image. Teachers are expected to maintain modest professional attire and grooming when on duty. As professionals, teachers are expected to be aware of the standard to be maintained. As a minimum guide, teachers should not wear clothing which students would not be permitted to wear at school. The school administration may establish more detailed guidelines for attire.

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J. Dispensing Medication

Teachers are not permitted to give any medication to students unless trained under the Medication Aid Act. Students who need to take prescription medicine must have a signed parent release form on file in the office. Student medications are to be properly labeled, stored in the office, and taken in the presence of the office staff, the nurse, or medication aide. Medical procedures are not to be administered in the classroom except in accordance with the district's Safety and Security Management Plan and the district's Emergency Protocol (asthma/anaphylaxis protocol). Be careful to keep your own medications secure and away from children.

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K. Reporting Child Abuse

Nebraska State Law and school policy mandates school officials to make a report to the proper law enforcement agency or the Department of Health and Human Services (Child Protective Services) when there is reasonable cause to believe that a child has been abused or neglected, or a child is in a situation which would reasonably result in abuse or neglect. According to Nebraska State Law, abuse or neglect means knowingly, intentionally, or negligently causing or permitting a minor child to be:

(a) Placed in a situation that endangers his or her life or physical or mental health;
(b) Cruelly confined or cruelly punished;
(c) Deprived of necessary food, clothing, shelter, or care;
(d) Left unattended in a motor vehicle if such minor child is six years of age or younger;
(e) Sexually abused; or
(f) Sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions.

Teachers are to inform their principal or supervisor that they intend to make a report. Administrative staff may sometimes choose to make the report for a teacher. However, informing the Principal or supervisor does not end the teacher's responsibility; teachers are obligated to make certain a report was made if they do not do it themselves.

It is vital that the report be made as accurately and as soon as possible. To assure accuracy, you are encourages 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.

Teachers are expected to be familiar with and follow the Best Practices of Student Discipline Handbook, which includes information about child abuse reporting.

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L. Use of Paraprofessionals & Volunteers

Paraprofessionals

Paraprofessionals provide valuable assistance in the educational process and allow teachers to carry out their responsibilities in a more efficient and effective manner. A paraprofessional must not, however, assume teaching responsibilities. The teacher must maintain the role of leadership and responsibility for the sutdents, with the teacher aide in a supportive role. Paraprofessionals may be used to assist the teacher by, among other tasks, assisting with instructional activities under the direction of the teacher, helping to supervise students, copying tests and other written material, organizing class materials, preparing bulletin boards, grading tests or class work, and calculating and recording grades. Paraprofessionals are to work only on their assigned work days and within their assigned work day. If the teacher desires the paraprofessional to work hours other than their assigned work hours or assigned work day, contact the administration for approval.

Student Aides

Student aides are to be directly supervised by the teacher and are not to leave the building. Student aides are not to be used to assist the teacher by helping supervise another student. Student aides may assist with grading, but are not to have access to confidential student information. Keys are never to be given to students, whether they are student aides or not. After the end of the regular school day, a student aide should not be present and assisting a teacher without another adult present.

Volunteers

Lincoln Public Schools encourages the use of volunteers. The Board policy states: "Staff should be active in locating and contacting people in many areas of interest to serve as volunteer resource persons in the classroom. The principal shall be kept informed of all volunteers being solicited for the building. Lists of such individuals should be maintained in each school. An evaluation of the effectiveness of each volunteer should be maintained. A letter of appreciation should be sent to those members of the community who contribute to the program of the school after each presentation or consultation."

Teachers are to implement Board policy by encouraging volunteers to assist with activities which are permitted to be performed by persons who are not certificated and not employed by the district and by giving the Principal information about the use of volunteers and their effectiveness, and by showing appreciation to the volunteers for their efforts.

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M. Communication Systems

1. E-mail

Each teacher will be assigned a school e-mail address for purposes of intra-school and inter-school e-mail correspondence. Teachers should check for e-mail throughout the day, and should timely respond to e-mails which require a response, but should avoid checking and responding to e-mails during instructional time. Use of the district's e-mail system for personal communications should be limited, and is subject to the rules governing overall computer usage found in Board policy and this handbook.

2. Teacher Mail Box

Each teacher will be assigned a mail box. Teachers should check for mail each morning and also later in the school day, if possible. If something requires an answer teachers are responsible for responding promptly. Teacher mail boxes are to be limited to communicate regarding school business.

3. Use of School Telephone

Personal telephone calls shall not be made nor accepted during times when the teacher is responsible for students except in the event of an emergency. Long distance calls on school telephones must be made from the office. You will need to promptly log long distance calls and be responsible for any charges which are for personal use.

4. Use of Cell Phones

Teachers shall not use personal cell phones for non-school purposes when the teacher is responsible for students.

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N. Use of School Facilities

Teachers are permitted to have access to school facilities during non-school time provided such access is for work-related purposes. When teachers leave the building, they are to close all windows, lock their classroom door, and make sure that the entry door is fully closed and locked. This is especially important when teachers are using the school facilities prior to the beginning of the school year and during any weekend or evening usage.

School property is to be used for approved work-related purposes and not for personal purposes or for personal gain or benefit. Use of school supplies (paper, staples, etc.), school equipment (copiers, fax machines, telephones, etc.), and school postage is to be used for approved school-related purposes only. Excess or surplus supplies or equipment, including items which have been placed in the trash, should not be removed for non-school use without approval from the administration.

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O. School Parking Lot

The school administration will provide information concerning the use of the school's parking lot. The parking lot is school property and items not permitted in school should not be brought into the parking lot.

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P. Care of School Property

Teachers are responsible for the proper care of all books, equipment, supplies and furniture supplied by the school. If an item is in need of maintenance or repair, report it to the Principal. If you learn that a student has damaged school property or equipment, or if you are responsible for damage to school property, promptly report it to the Principal so the items may be replaced or repaired if possible and appropriate responsibility for the cost of replacement or repair may be determined.

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Q. 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.

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R. Security of Desks and Lockers

Offices, teacher desks, lockers, file cabinets and other such 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.

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S. 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.

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T. Copyright and Fair Use Policy

It is the school's policy to follow the federal copyright law. Teachers are reminded that, when using school equipment and when completing course work, they also must follow the federal copyright laws. The federal copyright law governs the reproduction of works of authorship. Copyrighted works are protected regardless of the medium in which they are created or reproduced; thus, copyright extends to digital works and works transformed into a digital format. Copyrighted works are not limited to those that bear a copyright notice.

The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statute provides that the "fair use" of a copyrighted work, including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted "fair use", rather than an infringement of the copyright:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and
• the effect of the use upon the potential market for or value of the copyrighted work.

Although all of these factors will be considered, the last factor is the most important in determining whether a particular use is "fair". Teachers should see assistance from the administration if there are any questions regarding what may be copied.

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U. Employee Health Issues

Lincoln Public Schools will not discriminate against any employee due to health conditions. However, there are times when it is in the best interest of staff and students for an employee's health condition to be disclosed to the district. Such information shall be treated as confidential, as required by state and federal statutes, and will be divulged only to the extent necessary to protect the employee, other staff and students.

Employees with a major health condition are to advise the Associate Superintendent for Human Resources or designee of the condition. A major health condition is defined as a condition, injury or disease affecting the employee's ability to carry out the essential functions of the position they hold or a communicable or infectious disease that may be transmitted from person to person. Disclosure is necessary to determine whether steps need to be taken to ensure a safe working and learning environment for the employee, other staff and students.

All employment actions will comply with applicable state and federal statutes.

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V. Communicable or Infectious Disease (Policy Regulation 4920.1)

Communicable or infectious diseases are conditions which can be transmitted from person to person and are capable of producing significant illness in another person. Communicable or infectious diseases include, but are not limited to: HIV/AIDS, Tuberculosis (TB), and Hepatitis B and C. An employee with a communicable or infectious disease is subject to the same working conditions and performance requirements as any other employee.

In the absence of disclosure of a known communicable condition, the provisions of this regulation shall apply to the employee who has open or draining wounds, demonstrates inability to control body fluids, or is otherwise reasonably believed to have a communicable condition that places others at risk of exposure of a communicable disease.

The following procedures shall be followed with respect to an employee who is known to have or reasonably suspected of having a communicable or infectious disease.

1. Employees who have or suspect that they have a communicable or infectious disease shall advise the Associate Superintendent for Human Resources or designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to ensure a safe working and learning environment for the employee, other staff and students.
2. The Associate Superintendent for Human Resources or designee may require employees to provide current medical information or to submit to a medical evaluation if there is a reasonable suspicion that an employee has a communicable or infectious disease. If additional medical testing is necessary at the request of the district, the employee shall participate in such testing and the district will pay for the testing at the facility designated by the district. The Associate Superintendent for Human Resources or designee will notify the employee of the employee's job status during the period of time necessary for fact-finding and determination of any possible further employment actions.
3. When individual employees have been diagnosed with a communicable or infectious disease, determination of whether they should be permitted to continue to be employed in their assignment will be made by a review of each individual case. The Associate Superintendent for Human Resources or designee may enlist the help of the Health Care Response Team (HCRT) for a recommendation concerning possible employment actions. The Associate Superintendent for Human Resources or designee will consider the following factors in making a recommendation:
   1. The employee's work place and interaction with other persons.
   2. The physical condition of the employee.
   3. Whether the employee's condition substantially interferes with the performance of the essential job functions with or without reasonable accommodation.
   4. Whether the employee poses a substantial possibility of harm to others.
4. Based upon the information available regarding the employee's health situation, the Associate Superintendent for Human Resources or designee may determine the following employment actions:
   1. Continue employment in the current or different assignment.
   2. Use paid leave.
   3. Afford reasonable accommodations as may permit the employee to perform essential job functions.
   4. Recommend to the Board of Education:
      1. Leave of absence.
      2. Reduction in amount of employment.
      3. Termination.
      4. Any combination of the above.
5. If the employee's employment status will be affected, appropriate due process procedures as required by law shall be followed.

An employee's refusal to work with a person with a communicable or infectious disease is not a valid excuse for failure to complete work responsibilities. However, no employee shall be required to work under any condition or perform tasks which unreasonably endangers the individual's health, safety, or well-being. Knowledgeable professionals who can discuss the cause of diseases and transmission will be made available to employees with concerns.

This policy shall in all respects be applied consistent with the Americans with Disabilities Act, regulations of the Health and Human Services relating to communicable diseases and other federal and state laws.

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W. Other Illnesses, Injuries or Conditions (Policy Regulation 4920.2)

Employees who have or suspect that they have a condition (including pregnancy), injury or disease affecting their ability to carry out the essential functions of their position shall so advise the Associate Superintendent for Human Resources or designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to ensure a safe working and learning environment for the employee, other staff and students.

The Associate Superintendent for Human Resources or designee may require an employee to provide current or additional medical information.

The Associate Superintendent for Human Resources may determine that an additional medical evaluation is required.

The Associate Superintendent for Human Resources or designee will review the medical information and may enlist the help of the Health Care Response Team (HCRT) to determine the employment status.

1. Based upon the information available regarding the employee's health situation, the Associate Superintendent for Human Resources or designee may determine the following employment actions:
2. Continue employment in the current or different assignment.
3. Use paid leave.
4. Afford reasonable accommodations as may permit the employee to perform essential job functions.
5. Recommend to the Board of Education:
   1. Leave of absence.
   2. Reduction in amount of employment.
   3. Termination.
   4. Any combination of the above.

If the employee's employment status will be affected, appropriate due process procedures as required by law shall be followed.

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X. Health Care Response Team (Policy Regulation 4920.3)

The purpose of the Health Care Response Team (HCRT) is to review information regarding employees’ physical or mental conditions which negatively impact their ability to perform the essential functions and duties of the current assignment and provide a report to the Associate Superintendent for Human Resources.

The HCRT is composed of the Risk Management Specialist, the Americans with Disabilities Act (ADA) Coordinator, the appropriate Human Resources supervisor, the Coordinator of Health Services, a medical doctor appointed by the district, and other members as deemed necessary by the Associate Superintendent for Human Resources or designee.

The Associate Superintendent for Human Resources or designee makes the determination of when it is necessary to convene all or part of the HCRT. The HCRT performs the following:

1. Review existing documentation.
2. Collect additional or new information.
3. Analyze information.
4. Confer with employee, supervisors and appropriate experts.
5. Evaluate the information provided compared to the essential functions and duties of the current assignment.
6. Provide summary information to the Associate Superintendent for Human Resources or designee regarding the employee’s ability to perform the essential functions of the position with or without reasonable accommodations.

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Y. Emergency Medical Treatment (Policy Regulation 4920.4)

In the event an employee becomes ill at school, staff will assess the situation. If staff believes the symptoms and circumstances warrant, 911 will be called. The employee will not have the option of declining 911. If 911 determines transport by ambulance is not necessary, staff should contact a family member of the ill employee to transport.

It is not recommended that staff transport employees to the hospital/doctor.

An employee returning to work from emergency medical treatment must provide a release to return to work.

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Z. Outside of School Employment

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.

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AA. Soliciting And Selling

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.

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BB. Use of District Computer Network and Internet

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:

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.

Any violation of any part of this agreement or any other activity which school authorities deem inappropriate will be subject to disciplinary action consistent with LPS due process procedures. 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 also 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 Rule 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 School 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 form 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

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:

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:

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.

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.

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CC. 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.

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DD. LPS Staff Members Acting as Consultant Outside the District

Staff members who are granted professional leave to serve as consultants to outside organizations may do so under the following provisions:

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EE. Inclement Weather Days

(See Professional Agreement, Article 5, Section 5)

Staff members who are on a leave status the day before the storm emergency and continue in that same status the day after the emergency will be considered on leave during the emergency day. A person on leave the day before the inclement weather day and who reports back to work the day after the inclement weather will not be charged a leave day for the emergency.

The decision to close schools due to extreme weather is normally made before 6:00 a.m. Local radio and television stations are notified. School closing announcement will also be posted to the Lincoln Public Schools' website.

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FF. Employee Safety and Security

1. Occupational Blood Exposure Procedure

The district health services and Risk Management office have developed an employee blood exposure procedure for the district. If you have not received a brochure containing information concerning the district's exposure control plan, please contact the Risk Management Office at Extension 1759. Employees should read and follow the procedures contained within the brochure.

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.

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. 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. Employees are expected to inform persons smoking on school property that they are in violation of district policy.

4. LPS Safety Committee and Injury Prevention Program (Policy Regulation 4670.3)

This school district is committed to providing and maintaining a safe and healthful work environment and recognized its responsibility in protecting and conserving its human and financial resources. Employees of the school district are responsible for the safety of fellow employees, students and members of the public to prevent losses of these resources.

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 four times during the school year and minutes are distributed to each location to be posted in the following areas:

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.

5. 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).

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GG. Safety

Code Red

The district has established a Code Red - General Procedures which includes safety and security plans and procedures, including plans and procedures to address emergency and crisis situations. Teachers are expected to be familiar with and to comply with the Code Red - General Procedures. The procedures may be obtained for review or copy from the principal.

Use of Personal Vehicles

Teachers who drive school vehicles or volunteer to use their personal automobile to transport students must have a valid driver's license and proof of insurance. Teachers will be provided a Driver's Certification form to verify this information and to be given instruction on emergency evacuation and first aid. Teachers who drive school vehicles or transport students in their personal vehicles are responsible for following safe driving practices, including use of seat belts by all occupants, and are responsible for any injury or accident. Teachers are not to use cell phones while driving a school vehicle or while transporting children.

Accidents

Every accident which results in a personal injury must be reported to the Principal immediately. In the event the injury involves a student, the teacher responsible for the student either as teacher, coach or sponsor is responsible for making the report. If the injury occurs in the presence of the teacher, the teacher is also responsible for making a report. Human Resource bulletins describing the accident procedures and reporting requirements are available on the LPS website at http://www.lps.org/hr/risk/.

Workers' Compensation

Teachers are required to immediately report any work-related injury and/or work-related medical condition to their supervisor and complete all appropriate paperwork. Human Resource bulletins describing the workers' compensation procedures and reporting requirements are available on the LPS website at http://www.lps.org/hr/risk/.

1. Lighting and ventilation, as determined by the County Health Department and the Occupational Safety and Health Act shall be provided for all areas and workrooms in which teachers work. It is agreed that some areas require special attention because of the activity in the classroom and the concern is with the safety of students and teachers.
2. Every attempt shall be made to insure that general maintenance, rehabilitation and painting projects that must be completed while school is in session are carried out with the maximum safety of students and teachers as a priority. Information pertinent to availability of rooms and equipment to be repaired should be stated on all orders.
3. Vehicles and maintenance equipment on the playground area pose a safety hazard for students and teachers. The district shall consider, as a priority, the safety of teachers and students when making decisions regarding vehicles and maintenance equipment. At no time shall mowing take place when students and teachers are in the area.
4. Staff shall have the authority to enforce discipline according to due process and the following guidelines:
   1. The principal shall be notified of actions in which students shall be temporarily removed from the classroom.
   2. The student shall be subject to the denial of certain classroom privileges.
   3. The teacher shall be able to use reasonable measures necessary to maintain control:
      a.) in the classroom
      b.) in the school building
      c.) on the school grounds.
   4. Staff will report and may intervene in fights or physical struggles which take place in any school building or on the school grounds. The degree and force used shall be as reasonable as necessary to restore order and protect the safety of the combatants and surrounding persons.
   5. Persons who are on school property and are not students of the school, school staff members, or are not individuals on official school business may be asked to leave the school property. A refusal to do so will be considered trespassing. When such a situation occurs, a building administrator or designee shall initiate the following procedures:
      
      a.) Request the individuals to leave the property and warn them they are trespassing
      
      b.) If the individuals are warned and leave, the administrator shall document the time, date and place of the incident. Individuals shall be informed they are not to be on school property any time in the future. The documentation can be used to substantiate a future charge.

      c.) If individuals refuse to leave, inform them that they are considered to be trespassing. Ask individuals again to leave.
      
      d.) If individuals do not leave, inform them you will call the police and request charges of trespassing be filed.
      
      e.) If individuals do not leave, call the police.
      
      (1) Give exact location of incident.
      
      (2) Give a complete description of individual or individuals.
      
      f.) If individuals are still on school property when police arrive, the individuals may be issued citations or arrests will be made.
      
      g.) If individuals cause other problems - assault, threats, property damage or other - appropriate police and legal action will be taken.
      
      h.) All appropriate staff members are encouraged to testify as may be necessary to implement proper legal action.

   6. Staff shall be responsible for reporting violations of school policies, rules, and regulations to the principal, including the presence of individual(s) who have or appear to have no official business in school. If the individual(s) refuse to leave, the police shall be notified.

   PROCOM developed the "Best Practices" of Student Discipline Handbook to provide a practical tool for all staff to facilitate communication and to improve student discipline practices and procedures throughout the district. The Handbook is not meant to be comprehensive and it is expected that it will be updated on a regular basis to include additional "best practices" that staff members develop. The Handbook is not meant to replace or supercede any existing LPS policies or State and Federal laws.
   
   A copy of the Handbook shall be provided to all certificated new hires when they are employed by the District.
   
   The Handbook may be revised as needed. All revisions in the Handbook shall be developed by a joint LPS/LEA Committee. Any changes in the Handbook shall be jointly agreed upon by the Lincoln Education Association Board of Directors and representatives of the Lincoln Public Schools.

5. Staff shall not be required to work under any condition or perform tasks which endanger their health, safety, or well-being. In cases in which safety of the staff may be in jeopardy, the principal or their designee shall be notified and immediate action shall be taken to resolve the problem. Included in this category are fire, tornado, power failure, and bomb threats.
   
   When bomb threats are received by a school, the principal shall:
   1.) Call either 911 or the fire department emergency number.  A telephone call to either will result in a notification to both departments.
   
   2.) Notify the office of the superintendent who will alert the appropriate district staff of the bomb threat.
   
   3.) Inform students and teachers of the bomb threat (using his/her judgment as to the time element involved, if that is the factor) and request all pupils to remain in their classes until a notice of further passing or an all-clear signal is given.
   
   4.) Request all staff to make a visual observation of their classroom/work area and inform them not to open cabinets, doors, or move objects.
   
   5.) Have all certificated employees note and report to the principal's office, after the building is safe, each absentee from class at the time of the threat.
   
   6.) Have a voluntary team, designated by the principal to participate in the search with the police or fire department, report to the office.
   
   7.) See that all halls, rest rooms and other rooms in order that all pupils are accounted for.
   
   8.) Have the police and fire department, along with the designated team, meet in the principal's office to decide on procedure for checking the building.
   9.) When persons who have inspected the building report back that in their opinion the building is safe, resume whatever schedule is needed for the remainder of the day.
   10) Discuss the matter with the faculty and students, and point out that because of the possible seriousness, it is unreasonable to overlook such threats. However, experience has shown that these threats are false and that students and certificated employees would ordinarily expect nothing more to happen than being inconvenienced in their regular procedures for the day.
   
6. In order to assist the professional staff member the district shall provide:
   
   1.) A filing cabinet - minimum two drawers - preferably four drawers with locks.
   
   2.) Space to adequately store instructional materials and supplies.
   
   3.) A teacher work area containing equipment and supplies to aid in the preparation of instructional materials.
   
   4.) A furnished and maintained room for use by staff as a faculty lounge.
   
   5.) Staff rest rooms, separate for each sex and apart from student rest rooms, in facilities where possible and in all new facilities and future modification plans.
   
   6.) A private dining area separate from the student dining area.
   
   7.) A serviceable desk and chair.
   
   8.) A lockable closet or drawer large enough for storage of personal articles.
   
   9.) Reasonable access to a telephone for private communication.
   
7. Upon request, teachers shall be issued keys to an exterior door, the interior hallway doors and gates, and the faculty lounge of their base school at the beginning of the contract period. Keys will be returned on the last working day of contracted duty. In addition, procedures to gain access to workrooms shall be developed.
   
8. Temperature extremes in the classroom are factors that may adversely affect the learning taking place. Because of the variables affecting the temperature within a building, it is difficult to establish a district policy with explicit directions for individuals to follow.
   
   However, when the temperature in a given classroom is such that productive learning cannot take place, the following alternative shall be considered:
   
   1.) Use other rooms in the building.
   
   2.) Join classes in an area of the building that is the warmest/coolest.
   
   3.) Conduct classes outside in shaded areas.
   
   4.) Use of electric fans/blowers for movement of air.
   
   *5.) After the school day:
   
   a. Dismiss students upon parent request.
   
   b. Shorten the school day.
   
   *6). An alternative plan developed by an individual building or staff.

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