2-1.1 Employment of Personnel
The Superintendent shall make recommendations to the Board of Education
for the appointment, assignment, transfer, suspension, promotion, or
dismissal of all certificated employees of the school district.
Policy Approved December 12, 1994
2-1.2 Renewal of Contracts
The original contract of employment with an administrator or teacher
shall require the sanction of a simple majority of the members of the
board. Any contract of employment between an administrator or a
teacher who holds a certificate which is valid for a term of more than
one year and the District shall be deemed renewed and shall remain in
full force and effect until a majority of members of the board vote on
or before May 15 to amend or to terminate the contract for just cause
at the close of the contract period. The first three years of the
contract shall be a probationary period during which it may be
terminated without just cause. The secretary of the board shall,
not later than April 15, notify each administrator or teacher in
writing of any conditions of a reduction in staff members or change of
leave of absence policies of the board of education which the board
considers may be just cause to either terminate or amend the contract
for the ensuing school year.
Any teacher or administrator so notified
shall have the right to file within five days of receipt of such notice
a written request with the board of education for a hearing before the
board. Upon receipt of such request the board shall order
the hearing to be held within 10 days, and shall give written notice of
the time and place of the hearing to the teacher or
administrator. At the hearing, evidence shall be presented in
support of the reasons given for considering termination or amendment
of the contract, and the teacher or administrator shall be permitted to
produce evidence relating thereto.
Refer to Sections 79-824 through 79-849 of the State of Nebraska School Laws.
Policy Approved October 12, 1998
2-1.3 Payment of Salaries
Salary payments are made to all certified and
classified salaried employees in twelve equal installments based upon
their individual contracted salaries and wages determined by the Board
of Education. Hourly employees receive wages based upon the
amount of time worked in a given pay period. All employees
receive their pay on the 1st day of the month.
In the event that the 1st day of the month falls on a non-school day,
the payment of wages will be made on the first working day of the month
after the 1st day of the month.
When an employee is eligible for and chooses to participate in the
early volunteer separation program, the employee may elect to
receive his/her remaining contractual salary payment in the month
of June prior to the voluntary separation.
Policy Approved December 8, 1997
2-1.4 Extra Compensation
Except as it may be the subject of a separate
agreement between the Board of Education and the individual school
employee, or specifically addressed by a policy of this manual,
the district will not pay extra compensation to any school
employee beyond the terms of his or her contract.
One of the essential conditions of employment of the
District is willingness on the part of each employee to perform the
duties and tasks usually expected of a person occupying such a
position. The particular duties and responsibilities will be
assigned by the Superintendent and the Principal. Unless they are
unfair and unreasonable, the employee is expected to perform them as a
part of his or her employment.
If the employee feels that unreasonable demands are
made, he or she may appeal to the Superintendent and the Board of
Education in a manner specified in these policies.
Policy Approved December 12, 1994
2-1.5 School Day For Certified Staff
The district’s regular school day shall be defined as beginning at 7:30
A.M. and concluding at 3:45 P.M. Certified school staff shall be
on duty during this time frame. Exceptions may be approved by
district administrators.
As determined by the Superintendent of Schools and /
or other district administrators, certified staff shall be on duty
before and after regular school hours long enough to plan and to
carry out their individual professional responsibilities such as
consultation with pupils, parents and fellow staff members.
Certified staff are expected to be on call until 5:00 P.M. each day that they are under contract.
In addition, certified staff may be assigned
responsibilities at other hours outside of the regular school day by
district administrators for supervising or directing school activities
or affairs or for participation in activities or affairs under the
direct sponsorship of the school in accordance with established policy
on as nearly equal basis as possible.
Policy Approved July 10, 2000
2-1.6 Substitute Teachers
Substitute teachers must have a regular teaching certificate, a
substitute teaching certificate or a local substitute certificate in
force at the time of employment. Substitute teachers are required
to fill out the appropriate application forms at the Office of the
Superintendent of Schools. Substitute teachers will be paid
according to the annual review and recommendation made by the
Finance Committee of the Board of Education. A substitute
teacher, after 6 consecutive days of substitution in the same
classroom, will be paid at a daily rate calculated from the current
base salary amount on the current salary schedule. That
same individual will also be given credit for their education hours
beyond a Bachelor’s Degree. This amount will be retroactive to
the first day of substitution in that particular classroom. This
will not apply to individuals with local substitute certificates.
Policy Approved December 10, 2001
2-1.7 Staff Certification Requirement
Teachers shall hold appropriate and valid Nebraska Pre-Standard
Teaching Certificates, or the equivalent thereto, according to position
held.
All Central Office Administrators and Building
Principals shall hold an Administrative and Supervisory Certificate
with an appropriate endorsement for the position held.
The Superintendent shall hold a Professional
Administrative and Supervisory Certificate valid for
the position of Superintendent of Schools.
College transcripts of all college credits earned by
each teacher shall be filed in the office of the
Superintendent as earned so that accurate records must be kept.
Certificates must be registered by the employee in
the Office of the Superintendent prior ro the start of their employment.
Policy Approved September 11, 2000
2-1.8 Assignment of Duties and Responsibilities
The Superintendent shall assign all employees to the
particular school in which they will work and shall assign their
responsibilities or duties. The building principal shall have the
authority to assign specific responsibilities and duties such as
classes to be taught, noon and recess duties, sponsorship and direction
of out-of-class activities, supervision of pupils in halls, study
halls, cafeterias, playground and school grounds, work on faculty
committees and staff activities and the like.
Assignments shall, in-so-far as possible, provide
for equitable and fair distribution of duties, teaching load, and other
responsibilities except for personnel whose contract as a basis of
employment indicates special duties and loads.
Policy Approved December 12, 1994
2-1.9 Authority and Responsibility
Every employee will have the authority and the
responsibility to supervise any and all students within the building or
on the school grounds or at any school sponsored activity at home or
away from home at any and all times. Any rudeness or refusal to
comply with an employee’s request by any of the students shall be
reported to the student’s principal as soon as possible. Every
employee can expect complete backing from their superiors and the Board
for any reasonable disciplinary action taken.
Policy Approved December 12, 1994
2-1.10 Teacher Appearance
Teachers are expected to dress in accordance with
common practice for office worker attire in a business setting.
Cleanliness, and healthy grooming are required.
Policy Approved December 12, 1994
2-1.11 Professional Organization Leave
An employee who is an officer, director, or member of a working
committee of a local, state, regional, or national professional
organization relevant to education may be granted occasional, limited professional leave without loss of pay to fulfill such
duties upon prior permission of the building principal and the
approval of the Superintendent of Schools.
Policy Approved December 12, 1994
2-1.12 Organization Purchases
Sponsors of school organizations shall encourage the organization to make its purchases locally when possible.
Policy Approved December 12, 1994
2-1.13 Religious and Political Preference
District employees are prohibited from promoting, encouraging, or
endorsing a religious or political preference during school
sponsored activities.
Policy Approved December 12, 1994
2-1.14 Dismissal from Service
No employee may be discharged without the opportunity of appearing before the Board if he/she so desires.
Policy Approved December 12, 1994
2-1.15 Vacation Time - Classified Employees
All full-time, classified employees shall be entitled to paid vacation as defined:
1. After completing one (1) year of full-time service, the employee
shall receive ten (10) eight-hour days.
2. After completing the tenth year of full-time service, the employee
shall receive fifteen (15) eight-hour days.
3. After completing the twentieth year of full-time service, the
employee shall receive twenty (20) eight-hour days.
Vacation must be requested at least two weeks prior to the date(s) requested.
Vacation time is not cumulative from year to year.
All vacation schedules are subject to supervisory approval and must be
taken no later than one year following eligibility. Scheduled
vacation not taken due to a district emergency will be allowed for
rescheduling beyond the one year limitation.
Policy Approved October 11, 1999
2-1.16 Personnel Files
Any teacher, administrator, or full-time employee of the school
district shall upon request and in the presence of the person(s)
responsible for keeping the files, have access to his/her personnel
file maintained by the District and shall have the right to attach a
written response to any item in such file, and he/she may in writing
authorize any other person to have access to such file, which
authorization shall be honored by the District. Such access and
right to attach a written response shall not be granted with respect to
any letters of recommendation solicited by the employer which appear in
the personal file. No other person except school officials while
engaging in their professional duties shall be granted access to such
file nor shall the contents thereof be divulged in any manner to any
unauthorized person. These files are kept in the Business Office
of the School District Central Offices.
Policy Approved December 12, 1994
2-1.17 Reduction in Force
Reductions in force of certificated staff may be required due to
decreasing enrollments, limited financial support, changes in financial
support, budget restriction, changing programs, or other changes in
circumstances. If such changes occur and a necessary reduction of
certificated staff may not be accomplished through normal
attrition, the Superintendent (or the Superintendent’s designee) shall
recommend to the Board those certificated employees to be reduced under
the reduction in force provisions of the continuing contract laws
provided, however, that no permanent (or tenured) employee may be
reduced through a reduction in force while a probationary (non-tenured)
employee is retained in a position to perform a service that the
permanent employee is qualified by certification and endorsement to
perform, or where certification is not applicable, by reason of college
credits in the teaching area. Dates of notification certificated
staff shall correspond with state law. Certificated staff shall
not be reduced in force unless it is specifically found that there are
no other vacancies on the staff for which the employee to be reduced is
qualified by endorsement or professional training to perform.
Due to the often intimate, confidential and unique
personal working relationship necessary between the administration and
the Board of Education, a certificated employee who is not currently
serving in a predominately administrative capacity shall have no rights
under this policy to any administration position within the school
system.
This policy shall specifically permit and allow
reductions in force to occur which deal with total elimination or
termination, or amendment of contracts or positions, which deal with
reductions in force from full time to part time, which deal with
reductions in force from part time to a lesser part time, or which deal
with any other reductions in force, which result in the
termination or amendment of a certificated employee’s contract or
employment position.
The selection of personnel to be reduced will
involve consideration of the following: (1) seniority (defined as
the number of years of uninterrupted service within the District), (2)
areas of certification and endorsement, (3) programs to be
offered (4) state and federal regulations which may mandate certain
employment practices, (5) special qualifications that may require
specific training and/or experience, (6) contributions to activity
programs (defined as history of acceptance of extra duty assignments),
(7) the organizational and educational impact created by multiple
part-time certificated employees, and (8) qualifications based on
performance and competence (as defined by the use of employee
evaluations over the immediate past three years).
Employee evaluations (including frequency of the
evaluation, evaluation forms, number and length of classroom
observations, if applicable) used for purposes of this policy shall
conform to the Board policies and administrative rules, regulations,
forms and practices related to the periodic evaluation of certificated
staff members in effect or as amended from time to time, all of
which are incorporated herein by this reference as they exist or as
they are amended from time to time as though set forth in full.
Any certificated employee whose contract shall be
reduced in force shall be considered to have been dismissed with honor
and shall upon request, be provided a letter to that effect. Such
employee shall have preferred rights to reemployment for a period of
twenty-four (24) months commencing at the end of the contract year, and
the employee shall be recalled on the basis of length of
uninterrupted service to the school district to any position for
which the employee is qualified by endorsement or college preparation
to teach or perform. Certificated employees shall, upon
reappointment, retain any benefits which had accrued prior to the
reduction in force, but such leave shall not be considered as a year of
employment by the district.
It shall be the responsibility of all certificated
employees to file with the Superintendent a copy of such certificated
employee’s teaching certificate or administrative and supervisory
certificate or other license, including endorsement, upon initial
employment with the District. On or before March 15 of each year
thereafter, or so long as the employee is employed in the school system
or has rights of recall, the employee shall file evidence of any
changes in such employee’s certification, endorsements, or licensure
which have occurred since the previous year.
Any certificated employee whose employment contract
is reduced in force shall, during the employee’s period of recall,
report the employee’s current address to the Superintendent, and shall
inform the Superintendent of any changes of address
thereafter. If a vacancy occurs in the school system
for which a certificated employee has rights of recall, the offer of
such employment may be sent by the Superintendent to the employee’s
last known address. If no acceptance of such offer is received
within fourteen (14) days of mailing, and the Superintendent has no
personal knowledge of the whereabouts of the employee, the employee
shall be deemed to have waived the employee’s right to recall to said
employment position.
Legal Reference: RRS 79-1254.04 - 1254.08
Policy Approved July 13, 1998
2-1.18 Child Abuse and Neglect
The Nebraska City Board of Education affirms its position that the
Nebraska City Public Schools shall cooperate vigorously to expose the
problems of child abuse and neglect by early identification of abuse or
neglect and by reporting suspected cases to duly constituted
authorities whether or not substantial corroborative evidence is
available. The Board recognizes that school employees are in a
unique position to discover potential cases of abuse and or
neglect of children and youth through the age of 17 years.
Abuse or neglect shall mean knowingly, intentionally, or negligently
causing or permitting a minor child to be: (a) Placed in a
situation that may endanger his/her life or physical or mental
health: (b) Tortured, 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; or (e) Sexually abused.
A child abuse team shall be formed in each attendance center. The
team shall consist of the building principal, school nurse, guidance
counselor (if applicable) and the school employee observing the neglect
or abuse.
When any school employee has reasonable cause to believe that a child
has been subjected to abuse or neglect, or observes such
condition or circumstances which would result in abuse or neglect,
he/she shall report such incident to the child abuse team in his/her
building. Should the child abuse team agree that the
circumstances warrant, a report shall be made of the incident, both
orally and in writing, to the local police department or other law
enforcement agency as the team shall deem appropriate. Should the
team disagree that a report should be made, the school employee having
reasonable cause to suspect abuse or neglect may make the report
directly to the proper authorities. It shall be the obligation of
the principal to make a follow-up on the case within fourteen days of
the time it is reported to the law enforcement agency.
By state law, any school employee making such a report is immune from
any civil or criminal liability except for maliciously false
statements. Further, any school employee who willfully fails to
make any report when they have reasonable cause to suspect that a child
has been abused or neglected shall be guilty of a Class V
Misdemeanor. (Section 28-707 to 28-733)
Policy Approved October 12, 1998
2-1.19 Jury Duty
The salary of employees will continue during the time spent in jury
duty service or as a person subpoenaed to be a witness for a particular
case or trial. Upon completion of jury service, the employee
shall endorse the check received from the court over to the school
district.
Policy Approved December 12, 1994
2-1.20 Teacher Evaluation/Improvement of Instruction
The Mission of the Nebraska City
Public Schools is “to provide a quality educational experience for ALL
students.”
The Nebraska City Public Schools believes that a
strong and on-going teacher evaluation system is necessary to achieve
excellence concerning instructional elements in the district.
Teacher evaluation is necessary to insure effective instructional staff
and practices, and to provide a means to achieve instructional
excellence. Teacher evaluation is designed to be a cooperative
process between the administration and the teachers in order to
maintain and enhance the educational opportunities for all the children
in the Nebraska City Public Schools.
Purposes of Teacher Evaluation
1.
Accountability: To ensure that all students learn the skills,
knowledge andattitudes necessary for responsible living in
a changing
society to ensure that only effective
teaching
practices continue in the classroom.
2.
Professional Growth: To foster the continuous
improvement of teaching and learning by teachers.
3.
School Improvement: To promote the continued focus of
the
district on the improvement of instruction
process.
Elements of Effective Teaching
1.
Instructional Skills
2.
Classroom Management and Climate Control - is that
which fosters student involvement and cooperation while
establishing a
productive working environment.
3.
Communication - is the ability to express and take in
information.
4.
Knowledge of Subject Matter - is demonstrated
initially by
having the proper endorsements and certification and is
continued by pursuing excellence through a program
designed to foster proficiency in the field.
5.
Planning and Preparation - is the ability to effectively plan
lessons.
6.
Evaluation - is the skills used to assess student
learning
and to adjust teaching strategies when appropriate.
7.
Professional and Interpersonal Qualities -
includes the
ability to exhibit leadership, accepts school related
responsibilities, contributes to the ongoing improvement
of the district and continues to develop professionally.
Overview
All Certificated Staff will be supplied annually, in
writing, a copy of the evaluation procedures utilized in the
district. Staff will be placed in either the Appraisal cycle, the
Self Growth One cycle or the Self Growth Two cycle for that school
year. Timelines for each staff member will be issued indicating
the forms that are to be completed regarding their particular cycle and
the dates for completion of these forms and the information that is
required.
All teachers will be
assessed each year through the teacher evaluation and professional
growth cycle. Teachers who have completed their probationary
period in the Nebraska City Public Schools will participate in a 3
phase cycle (normally taking 3 years) consisting of Appraisal, Self
Growth One, and Self Growth Two. The 3 year cycle is initiated
with the more accountability-oriented phase entitled Appraisal.
Teachers will continue in
the Appraisal cycle during their three year probationary period.
They will move into Self Growth One at the beginning of their fourth
year of employment in the district.
When the evidence collected
through Appraisal indicates that a teacher is performing effectively in
the classroom, then the teacher becomes involved in the more
professional growth-oriented phases of the cycle, Self Growth One and
Self Growth Two, during which the teacher gathers evidence of growth
and change. Although the supervisor continues to monitor the
teacher’s classroom performance during the next two phases of the
cycle, the primary focus is on working with the teacher to enhance the
student learning experience through the professional growth process.
Intensive Assistance Program
When the standards of
performance set forth in the Elements of Effective Teaching are not
met, then teachers may be placed in the Intensive Assistance
Program. The determination for placement in the Intensive
Assistance Program is made through the Appraisal Phase. Teachers
may be moved into the Appraisal Phase at any point in the evaluation
process.
Teacher Performance Criteria
Teachers will be evaluated
with respect to the Elements of Effective Teaching and the criteria
used to describe each of the seven elements. The elements and the
criteria used to evaluate teaching in the Nebraska City Public Schools
include a broad range of behaviors. They are used to guide
teacher growth and development beyond competency to high levels of
proficiency.
Policy Approved April 13, 1998
2-1.21 Chronic Infectious Disease Control
In order to protect the health of others, it is expected that employees
will inform their supervisor if they are diagnosed as having a chronic
infectious disease.
If, in the absence of such voluntary notification, there is reasonable
cause to believe that an employee has such a condition, the
Superintendent may require the employee to submit to a physical
examination to be performed by a physician selected by the school
system, the results of which will be reported to the
Superintendent. Such examination shall be at the Board’s
sole expense. A choice of two or more physicians shall be made
available to the employee.
Employees diagnosed as having a chronic infectious disease will be
given a paid leave of absence pending the recommendation of a Medical
Advisory Panel which will include the employee’s personal physician, a
physician selected by the Board of Education, and a
third physician selected by the other two. Others who may be
present as non-voting attendees include the employee
and/or designee, the school principal (or designee) if applicable, or
an appropriate staff member designated by the Superintendent.
The panel will consider whether the employee’s presence would pose any
health risk to others in the school community, and whether the
employee, from a medical standpoint, can carry out his/her customary
duties. Factors to be considered by the panel will include
current medical condition and prognosis and the most recent information
and advice from the Federal Center for Disease Control and the State
Department of Health.
As soon as is feasible, the panel will make a written recommendation to
the Superintendent. The report may include statements from the
non-voting attendees.
The Superintendent will promptly make a recommendation to the Board of
Education based on the recommendation of the Medical Advisory Panel and
on the Superintendent’s judgment, made in consultation with other
appropriate administrators, as to whether the individual can
effectively carry out his or her customary duties.
The Board of Education will make the final determination and the
Superintendent will promptly notify the employee, by certified mail, of
the Board’s decision.
If the decision is that the employee’s presence poses no health risk to
others and that the employee can effectively discharge his or her
duties, the employee will resume his/her assignment.
If the decision is that the employee’s condition precludes resumption
of his/her customary assignment, he/she will be
placed on medical leave, by the Superintendent, in accordance with
his/her employment agreement, or if feasible and medically appropriate,
will be offered an alternate assignment until the employee’s condition
is such that he/she can effectively discharge regular and customary
duties an/or poses no risk to others.
Employees have the right to appeal decisions of the Board of Education
in accordance with grievance procedures in employee contracts and
provisions of State Law.
No employee shall be required to work with another employee with a
chronic infectious disease unless it is determined that the latter
employee poses no health risk to others.
The right of privacy of employees and their families will be
respected. Confidentiality will be maintained at each step of the
review procedure. Identification of the employee and information
about the employee’s condition will be restricted to the Superintendent
and those present at the meeting of the Medical Advisory Panel.
Policy Approved December 12, 1994
2-1.22 Protection of Self
A staff member may use reasonable physical force against a student if
it is necessary for self defense, to protect the student from self
injury or for the protection of property or of other persons at the
school or at school related activities. Such force may not be
designed to cause or create a substantial risk of causing death,
serious bodily harm disfigurement, extreme or unnecessary pain, mental
distress or humiliation.
Policy Approved December 12, 1994
2-1.23 Early Voluntary Separation Program
The District may offer a Voluntary Separation Program (hereinafter
“Program” for certificated teaching staff.) Upon written
application and approval by the Board, eligible employees may
participate in the Program. The Program must be specifically
authorized by the Board of Education for a fiscal year. Changes
in the eligibility requirements shall not affect employees
participating in previously authorized programs.
Purpose of the Program
The major purpose of the program is to encourage eligible employees who
are considering separation or retirement to accelerate their
plans, in order to achieve (but not limited to) the following primary
objectives:
1. To reduce District costs by
replacing maximum salary
employees with lesser salary employees.
2. To provide better balance of employee experience.
3. To reduce or eliminate the possibility of certificated employee
layoffs.
Program Eligibility Requirements and Provisions
1. The employee must be in a position of requiring a certificate
issued by the Nebraska Department of Education and have
a
salary index of at least 1.58 orBA+36 and Step 11 or
beyond; and
2. The employee must be at least
fifty-five (55) years of age
prior to the first day of the District’s fiscal year
following
the employee’s application: and
3. The employee must have
twenty (20) or more years of
credited service in the District as a full-time or full-time
equivalent employee.
Definitions, Conditions and Limitations
1. Acceptance by the Board
of an employee’s application for the
Program willbe considered a voluntary resignation and
termination of the employee’s continuing contract.
2. An employee who agrees to
participate in this program
surrenders all “tenure” rights and credit for
existing years of
service beyond those normally accepted from a newly
employed
teacher transferring from another district as ofmidnight
of the of the
employees retirement. These stipulations become
active upon
acceptance by the Board of the employee’s application.
3. An employee participating
in this program who elects to return to
certificated employment with District 111 will be required
to
relinquish the benefits of the program in existence immediately
prior to the time of reemployment. Temporary
employment as a
substitute teacher and/or by providing consulting services may be
acceptable to the
District.
4. Any eligible employee electing to participate in
the Program
shall be required to complete the school year before retirement
commences, unless this requirement is waived by the Board.
5. Employees receiving
long-term disability benefits are not
eligible to participate in the
Program.
6. An employee is not eligible to
participate in the program if
his or her employment is terminated by the District for reasons
other than reduction in force.
7. An employee shall not be eligible to
participate in the
Program if the employee has been on a total of more than a one
(1)
year leave of absence within the five (5) most recent years of
employment prior to application for voluntary early separation.
8. Years of credited service shall mean:
a. Any school year in
which an employee is paid by the
District for at least 135 days of full-time work as a
certificated employee shall accrue one (1) year of
credited
service; or,
b. Any two (2) school
years during which the employee is
paid for the full-time equivalent of at least 135
days of work
as a certificated employee shall accrue one (1) year of
credited service.
c. Days of employment
as a substitute shall not be
counted toward years of service under this Program.
9. Salary shall mean the employee's
final contractual school year
salary at the time of the employee's request.
10. Annual Benefit amount shall be the employee's Salary
divided by 5.
Application Process
1. Eligible employees desiring to take
advantage of the Program
may do so by submitting a written request to the office of the
Superintendent. The written request must be submitted by
February 1 of the elected year of separation.
The request shall
set forth that the employee resigns his or her position, effective
at the end of
the contractual school-year, upon tender, provided
and subject to the acceptance and approval of the employee's
request by the Board of Education.
2. The office of the Superintendent shall review the employee's
record to determine eligibility for the Program and the
Superintendent shall make
a recommendation to the Board of
Education regarding the request. The
Board shall act upon the
request by April 15 of the year the requested separation. The
action of the Board of Education shall be final, and
any
employee electing to participate in the Program relinquishes
all
future employment rights in the District upon acceptance of
the request by the Board.
Benefits
1. Program Annual Benefits shall be paid for a maximum
period of 5 years.
2. Program Annual Benefits shall be
issued during the first pay
period of the contractual year.
3. If the employee dies before all
Annual Benefits have been
issued, the employee's beneficiary shall
receive the remaining
Annual Benefits as established. The District reserves the right
to accelerate the remaining Annual Benefits to a beneficiary in
the form of a single lump sum payment.
4. The District shall withhold from any
amount payable or to be
paid under this Program all Federal, State or other taxes as shall
be required pursuant to any law or government regulation or
ruling.
5. Program participants may be eligible
to continue their Health
and Accident insurance coverage; provided the participant
pays
the premiums corresponding to the negotiated agreements
compensation clause, and follows the rules set forth by the
underwriter and complies with the provisions of COBRA or
other applicable law.
6. No interest will be paid by
the District on any accumulated
or unused retirement benefit.
Program Modification / Suspension
The Board of Education reserves the right to modify
the various requirements, provisions, definitions, conditions,
limitations, and benefits
associated with this Program, or
to suspend the Program. Any modification to the Program, or
suspension of
the Program, will be effective at the start of the first contractual
school year following the modification or suspension. Separated
employees
participating in the Program will be governed by the requirements,
provisions definitions, conditions, limitations, and benefits of the
Program that exist at the time of their approval by the Board to
participate in the Program.
Policy Approved September 11, 2006
2-1.231 Administrators Health Insurance Benefit Program
The District will provide an Administrators Health Insurance Benefit
Program (hereinafter “Program”) for Administrators retiring from the
District, subject to the conditions and limitations
identified below. The Program may be reviewed annually for modification
or suspension. Modification or suspension shall not affect
employees previously participating in the program.
Program Eligibility Requirements and Provisions
1. The employee must be a fully ceritified administrator and be
employed full time with the District; and
2. The employee must have ten (10) consecutive years within
the District as an administrator; and
3. The employee must have twenty (20) or more years of
continuous service in the District; and
4. The employee must be eligible for the State Retirement
program.
Definitions, Conditions and Limitations
1. Acceptance by the Board of and employee's application for the
Program will be considered a voluntary resignation and
termination of the employee’s continuing contract. Employees
participating in the Program cannot return to full-time or
part-time
regular employment in the District at a later date. Temporary
employment as a substitute teacher and/or by providing
consulting
services may be acceptable to the District.
2. Any eligible employee electing to
participate in the Program
shall be required to complete the school
year before retirement
commences, unless this requirement is waived by
the Board.
3. An employee is not eligible to
participate in the program if his
or her employment is terminated by
the District for reasons other
than reduction in force.
4. Spouse shall mean the individual
legally married to the
employee at the time of the employee’s request.
5. The Program Benefit will be paid for
a maximum of five (5)
years, or until the employee and/or the employees
spouse is
eligible for Medicare, whichever is less.
Application Process
- Eligible employees desiring to take
advantage of the Program may do so by submitting a written request to
the office of the Superintendent. The written request must be submitted
by February 1 of the elected year of retirement. The request shall set
forth that the employee resigns his or her position, effective at
the end of the contractual school-year, upon tender, provided and
subject to the acceptance and approval of the employee’s request by the
Board of Education.
- The office of the Superintendent
shall review the employee’s record to determine eligibility for the
Program and the Superintendent shall make a recommendation to the Board
of Education regarding the request. The Board shall act upon the
request by April 15 of the year the requested retirement. The action of
the Board of Education shall be final, and any employee electing to
participate in the Program relinquishes all future employment rights in
the District upon acceptance of the request by the Board.
Benefits
1. Program Benefit will be a monetary amount equivalent
to:
a. Single employee: The annual amount of the Health
Insurance policy provided for the employee at the time of
application.b. Married employee: The annual amount of
the two (2)
Health Insurance policies provided for the
employee and the employees
spouse at the time of application.
2. Program Benefits shall be dispersed in semi-annual
payments occurring in January and September.
3. In the event the employee or the employees spouse should
die,
or become Medicare eligible prior to the 5 years, payments
will
cease to that individual only and continue for the other
individual
until they have reached the limits of the benefit
Program.
4. In the event the employee shall become divorced while
the
Program is active, the employee shall be deemed to no longer
have a
spouse as defined by the Program, and Program
Benefits will no longer
be paid to the individual formerly the
employees spouse.
5. The District shall withhold from any amount payable or
to be
paid under this Program all Federal, State or other taxes
as
shall be required pursuant to any law or government regulation
or
ruling.
6. No interest will be paid by the District on any accumulated or
unused retirement benefit.
Program Modification / Suspension
The Board of Education reserves the right to modify
the various requirements, provisions, definitions, conditions,
limitations, and benefits associated with this Program, or to suspend
the Program. Any modification to the Program, or suspension of
the Program, will be effective at the start of the first contractual
school year following the modification or suspension. Separated
employees participating in the Program will be governed by the
requirements, provisions, definitions, conditions, limitations, and
benefits of the Program that exist at the time of their approval by the
Board to participate in the Program.
Policy Approved May 12, 2003
2-1.24 Drug Free Workplace
The Nebraska City School District will provide a drug-free workplace in
accordance with the Drug-Free Act of 1989, and its implementing
regulations.
The manufacture, distribution, dispensing, possession, or use of a
controlled substance by a District employee on District property is
prohibited. The District shall establish a drug-free awareness
program and shall notify employees that they are requested to abide by
the drug-free workplace policy of the District, and that any violation
of this policy will result in action against such employee up to and
including termination.
The District shall make a continuing good faith effort to maintain
adrug-free workplace through implementation of its drug-free policy.
Policy Approved December 12, 1994
2-1.25 Promotion and Retention
Promotion and retention decisions are primarily the responsibility of
the certified faculty members based upon academic performance.
Parents should be notified of any difficulties that the student is
experiencing that could lead to retention.
Policy Approved April 10, 1995
2-1.26 Sexual Harassment
The Nebraska City Public Schools shall maintain a working environment
that is free from sexual harassment, which shall include race,
religion, national origin, age, disability, and gender. Sexual
harassment by board members, administrators, certified and support
personnel, classified personnel, vendors, and any others having
business or other contact with this agency is prohibited.
Employees whose behavior is found to be in violation of this policy
shall be subject to the investigation procedure which may result in
discipline, up to and including discharge. Other individuals
(including students) whose behavior is found to be in violation of this
policy will be subject to appropriate sanctions as determined
appropriate by the administrator or board.
Sexual harassment may include verbal harassment or abuse, unwelcomed
pressure for sexual activity, repeated unwelcomed remarks with sexual
or demeaning implications, unwelcomed touching, and suggesting or
demanding sexual involvement by implied or explicit threats or promises
of benefit concerning one’s employment or education.
Such conduct shall constitute a violation of this policy when:
- submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or education.
- submission to or rejection of such conduct by a person is used as the
basis for academic or employment decisions affecting that person, or
- such conduct has the clear purpose or effect of interfering with a
person’s academic or professional performance or creating an
intimidating, hostile, or offensive employment or educational
environment.
- other types of harassment may include, but not be limited to, jokes,
stories, pictures or objects that are offensive, or tend to
alarm, annoy, abuse, or demean certain protected individuals or groups.
The Superintendent of Schools shall be the sexual harassment compliance
officer. In the event that the Superintendent becomes a party to
a sexual harassment complaint, the Director of Student Services shall
become the alternate compliance officer. Complaints reported to
the compliance officer shall be handled in a timely and in a
confidential manner. Information regarding an investigation of
alleged sexual harassment shall be confidential, and those persons
involved in the investigation shall not discuss information regarding
the complaint outside the investigation.
Persons found to be in violation of this policy shall be subject to
discipline, including reprimand, probation, demotion, suspension, termination, or other sanction as determined
appropriate by the Board of Education. The procedure for filing a
sexual harassment charge is outlined in Administrative Regulation
2-1.26A.
Policy Approved April 10, 1995
2-1.27 Safety Committee
The Nebraska City Public Schools is an employer which has one or more
employees not subject to collective bargaining. The district
shall establish a safety committee consisting of five members who
belong to the collective bargaining organization and also
representatives from the other non-bargaining employee
categories. The safety committee shall consist of eleven
members. The safety committee will include members of the
management team.
The safety committee will, according to LB 757, develop a written
purpose of the safety committee, develop a written injury prevention
program, develop a procedure for review of district accidents, develop
a record keeping procedure, develop safety rules, policies, and
procedures, and develop procedures to identify safety issues within the
district.
Policy Approved June 12, 1995
2-1.28 Drug and Alcohol Policy for School Bus Drivers
It is the policy of the District that its drivers should be free
from
drug and alcohol abuse. Consequently, the use of illegal drugs or
improper use of alcohol by drivers is prohibited. The overall
goal of drug and alcohol testing is to ensure a drug-free and
alcohol-free transportation environment and to reduce accidents,
injuries and fatalities. The requirements of this policy are in
addition to other requirements established by federal and state
law and board policy regarding the use of alcohol and drugs. In
some instances, those laws or policies may be more restrictive than the
requirements set out in this policy.
This District is required under the provisions of the federal
OmnibusTransportation Employee Testing Act of 1991 to implement a drug
and alcohol testing program for all persons subject to commercial
driver’s license requirements. This program
includes drug and alcohol testing such drivers for reasons of
reasonable suspicion, random, post-accident, return to duty and
follow-up and pre-employment drug testing. In addition, the
District is responsible for maintaining appropriate records, and
notifying drivers of the requirements and consequences of the program.
Policy Approved December 11, 1995
2-1.29 Military Leave
Guard and reserve personnel will be released upon request of their
superior officers for training activities according to law.
They may be released with pay for periods not to exceed 15 days in one
calendar year.
Legal Reference: 55-160
National Guard: Army reserve: Marine Corps
reserve:
Air reserve:Coast Guard reserve: active
Service: Officers without loss
of pay: limitations
55-161 National Guard:
Armed Forces of
the United
States: active service:
induction examination:
officer and
employees of state: leave of absence
without loss of
efficiency rating
or pay:
temporary appointments: separation from
active
duty:
effect
Policy Approved September 11, 2000
2-1.30 Leave of Absence
After a minimum of three years of service in the Nebraska City Public
Schools, a teacher may apply for a one-year leave of absence. A
one-year leave of absence means the time period covered by one contract
year. Leave will not be granted for partial contract years or
calendar years.
A request for a leave of absence must be submitted in writing to the
Superintendent on or before March 1st of the current school year.
Those requests for a leave of absence will be submitted to the Building
Principal. A leave of absence request will be considered for one
of the following reasons: 1) personal health; 2) family crisis; 3)
special personal opportunity which will add value to the district: 4)
military service; or 5) special discretion of the board of education.
Leave may be granted or denied based upon one of the following: 1) The
date of the application; 2) the reason for requesting the leave; 3) the
subsequent value of the leave to the district; and 4) the seniority
status of the person making the application. If the leave is
granted, it is conditional upon the district being able to obtain a
qualified and suitable replacement. The impact of that individual
request on the educational program will influence the final
decision. The leave of absence does not have any effect upon the
employees years of service and or experience in the
district.
The employee shall, prior to March 1st of the year in which they are on
Leave of Absence, inform the employer in writing that they plan to
return to employment for the next school year.
An employee who is on Leave of Absence for health reasons and who is
receiving Long Term Disability Benefits can only be granted two
successive years Leave of Absence. At the conclusion of the
second year, the employee will be asked to tenure their resignation,
still allowing them to receive Long Term Disability Benefits.
Policy Approve August 11, 2003
2-1.31 Notice of Health Information Privacy Practices
This Notice of Health Information Privacy Practices explain how the
Nebraska City Public Schools District will use and/or disclose your Protected Health Information (PHI) in compliance
with the Health Insurance Portability and Accountability Act (HIPAA).
The Federal Health Insurance Portability and Accountability Act
(HIPPAA) provides as one of its provisions that group health care plans
sponsored by employers and all health care providers, including
physicians, hospitals, labs, pharmacies, etc., must protect the
confidentiality of what the law terms "protected health information"
(PHI).
Protected Health Information (PHI) is information communicated by a
covered entity orally, on paper, or by electronic means that
individually identifies and relates to an individual employee's,
dependent's, or retiree's past, present, or future medical condition,
provision of medical care, enrollment, premium, physical or mental
health status, or treatment and personal demographic information.
Covered entities must safeguard the PHI of individuals and may not
release such information to any individual or agency, including the
individual's spouse or other family members, without the written
authority of the individual. The provisions of this act become
effective on April 14, 2003.
The Nebraska City Public Schools District provides our employees with
health insurance though the Educators Health Alliance (EHA),
underwritten by Blue Cross Blue Shield of Nebraska. Because EHA
is a fully insured program, EHA will not seek or maintain any
PHI. The only information EHA will receive from Blue Cross Blue
Shield of Nebraska will be summative information needed to manage the
Plan, to determine appropriate levels of coverage and set premium rates.
Employers are not directly covered by the provisions of the act.
However, employers are indirectly covered because it may become
necessary, from time to time, for the Nebraska City Public Schools
District to obtain health information related to the employment
policies of the Nebraska City Public Schools District and to comply
with state and federal law.
For the Nebraska City Public Schools District to obtain employment
related, health information about you from a third party, you must
provide written authorization for the Nebraska City Public Schools
District to do so. The appropriate authorization forms are
available from the Nebraska City Public Schools District.
Under what circumstances would the Nebraska City Public Schools District need health information?
1. Enrollment of employees in the
BCBS health plan, vision
care, dental, and other insurance plans.
2. Accounting for sick
leave under the Nebraska City Public
Schools District's
sick leave policy.
3. Filing worker's compensation claims for employees injured on
the job.
4. Seeking medical certification for eligibility for short-term
disability insurance.
5. Seeking certification for
fitness to return to work after a
medical leave of absence or a disability leave.
6. Medical information
necessary for the Nebraska City Public
Schools District to comply with the Americans with Disability
Act.
7. Certification for eligibility
of leave as provided for in the
Pregnancy Discrimination Act.
8. Medical information necessitated by compliance with OSHA.
9. On other occasions to allow the
employer to be assured that
the employee is medically capable of performing all of the
necessary duties
required by the Nebraska City Public Schools
District, including
suspected drug or alcohol abuse.
10. For costing out negotiations proposals affecting coverage
and single or marital status.
11. To comply with state and federal law.
12. Other employment related matters.
In order for the employee to be assured of the benefits to which he or
she is entitled under the provisions of state or federal law and the
policies and negotiated agreement of the Nebraska
City Public Schools District, it will be necessary for the employee to
comply with the request for information related to these business
purposes; and failure to comply with that request, in a timely fashion
as set forth in any written request, will result in forfeiture of the
benefits at issue.
The Nebraska City Public Schools District will not use any health
information to discriminate against an employee or his or her spouse or
dependents and will confine the use of such information to the specific
use for which it is intended. Further, the Nebraska City Public
Schools District will not provide or share this information with any
other individual or party, except for legitimate employment related
matters and then only on a need-to-know basis or unless you provide
written authorization to release the information to a third
party.
All employment related health information will be maintained in the Central Office personnel files.
Misuse of Protected Health Information
The inappropriate access to or use of PHI is prohibited by federal law
and is punishable by fines and in some instances incarceration.
Any misuse of PHI by any employee of the Nebraska City Public Schools
District in violation of federal law or the Nebraska City Public
Schools District's employment policies jeopardizes the financial
interests of the Association and may result in job sanctions, including
termination of employment.
Sick Leave Forms
In order to protect your personal health information, when reporting
sick leave or medical/dental appointments, the employee should provide
only the information requested on the form (i.e.doctors appointment)
and should refrain from providing any specific
medical symptoms unless specifically requested by the Nebraska City
Public Schools District.
Employment Forms
The Nebraska City Public Schools District will request personal
information regarding insurance coverages, etc. upon initial employment
and on those occasions when employment related health information
changes, i.e. changing from single to married status.
Notification of Injury Under Workman's Compensation
A staff member injured on the job shall notify the Nebraska City Public
Schools District verbally of any injury as soon as possible but within
the legal requirements of the insurance carrier. That policy and
federal law authorizes the Nebraska City Public Schools District to
disclose that information to the insurance carrier as part of any claim
procedure without further authorization from you. The verbal
notification is for your convenience, but the Nebraska City Public
Schools
District may require you to complete a written document relating the nature of the accident and injuries.
Specific Requests for PHI
Specific requests by you or by the Nebraska City Public Schools
District for your PHI, related to items set forth earlier in this
policy, will be in writing and related to the purposes outlined in this
policy. An employee will be provided with a copy of any form
requesting PHI. The Nebraska City Public Schools District will
maintain a copy as part of the employer's employment record.
All information acquired under the provisions of this policy will be
maintained by the Nebraska City Public Schools District as
part of the employee's employment record, and a reasonable effort will
be made to protect its confidentiality and security.
Questions about this policy may be directed to the Nebraska City Public Schools District.
Your Rights Provided by HIPAA
You have the following rights regarding medical information the
Nebraska City Public Schools District may obtain from you or about you:
• Right to Inspect and Copy
You have a right to inspect and copy medical
information the Nebraska City Public Schools District maintains in the course of your employment related
activities, except any information compiled in anticipation of or for
use in any civil, criminal, or administrative action or proceeding.
• Right to Amend
If you think that medical information about you is
incorrect or incomplete, you may ask to amend the
information. The request to amend the information must be
in writing. The request must identify the specific information
you wish to amend and include information setting
forth the reasons you believe the information is inaccurate. The
request for amendment, along with the reasons provided, will be filed
with your related employment documents.
• Restrictions or Confidential Communications
You have a right to request restrictions and
confidential communications concerning protected health
information. Such restrictions or directives must be filed in
writing and may not be retroactive in nature. Such restrictions
may not be in conflict with necessary business practices or provisions
of law.
• Right to Accounting of Disclosure
The Nebraska City Public Schools District has the
right to disclose your PHI information acquired in the course of your employment with its management staff, legal
counsel, insurance companies, etc., on a business need basis or in
order to comply with law. The Nebraska City Public Schools
District will not disclose any PHI that is part of your employment
record under any other circumstances, including disclosure to other
family members, unless the Nebraska City Public Schools District
receives a written request on a form signed by you identifying what
information you wish disclosed and to whom. A copy of any request
for disclosure will be maintained in your employment file and is
subject to your inspection. The Nebraska City Public Schools
District is not required to maintain such records longer than six (6)
years or to maintain any information about disclosures or disclosure
requests prior to April 14, 2003.
• Right to Revocation of Disclosure
If you authorize disclosure of any information,
either to the Nebraska City Public Schools District and/or to another
party, you may revoke that authorization in writing at any time.
Revocation of disclosure must be filed with the Nebraska City Public
Schools District and will be maintained as part of your employment
file. However, if the PHI is essential to secure employment
benefits, revocation may result in denial of benefits.
• Complaint Alleging ViolationIf you feel that your PHI has been used
inappropriately or in violation of this policy, you may file a written
complaint with the Nebraska City Public Schools District or with the US
Department of Health and Human Services.
• Change of Notice of Health Information Privacy PracticesThe Nebraska City Public Schools District has the
right to amend this Notice at any time in the future consistent with
law. Until such amendment is made, the Nebraska City Public
Schools District will abide by the terms of this Notice.
Confirmation of Receipt
You are required to sign and return this copy to the Nebraska City
Public Schools District to confirm that you have received a copy of
this Notice. You will be provided with a copy for your records as
well. The Notice with your signature will be maintained as a part
of your employment record.
I _____________________________________________ acknowledge rceipt of this Privacy Notice.
Date: _____________________
Policy Approved August 11, 2003
2-1.32 Safe Driving Record - Standard For Drivers
The Nebraska City Public Schools are committed to providing safe pupil
transportation services. For that reason, school bus drivers must
pass physical examinations and meet other criteria as established by
state and federal law and by the Nebraska Department of
Education. Bus drivers must have a valid transportation vehicle
operator’s permit and shall have it in their possession when
transporting students. This does not apply to the operator of a
small vehicle being used only for extracurricular activities.
The school district shall obtain a record of satisfactory driving for
each bus driver. It is required that a copy of the individual’s
driving record be on file with the district before employment as a
pupil transportation vehicle operator as defined in NDE rules.
The school district shall obtain and keep on file a criminal history
record of driver applicants who are not certificated Nebraska teachers
and administrators through the Nebraska State Patrol and local law
enforcement agency before employment as a pupil transportation vehicle
operator.
School bus driver selection procedures will be developed by the
superintendent to ensure acceptance of drivers whose capabilities are
commensurate with job responsibilities, including minimum requirements
for a satisfactory driving record.
Substitute pupil transportation vehicle operators shall meet the
same driver requirements and qualifications as a regular pupil
transportation vehicle
operator. A pupil transportation vehicle operator shall not have
the authority to assign a substitute without the prior approval of any
school administrator or person designated by the governing school board.
All school bus drivers are required to inform the district immediately
of any change in their driving or criminal records that could affect
their eligibility to maintain the student transportation vehicle
operator’s permit.
Pupil transportation vehicle operators shall document and report to the
transportation supervisor the occurrence of any events covered by the
Safe Pupil Transportation Plan that involved the pupil transportation
vehicle operated by the driver, or any pupils transported in it.
The superintendent shall develop such reporting procedures.
Policy Approved October 11, 2004
