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KEY ISSUES FOR DISTRICT EMPLOYEES

2007-2008 School Year

This information is designed to provide reference to applicable federal and state law and/or Nebo School District Policy on key issues for employees of the District. For specific questions or interpretations of law or policy, please contact your building principal or the District Office (354-7400) for additional assistance.

SAFE SCHOOLS POLICY (JFCJA/EC)

The Nebo School District recognizes a responsibility to provide a safe environment where students and employees are free from unlawful and violent acts. A student may be suspended or released from school when the Administration has determined that he/she represents a threat to the health and/or safety of other students and/or employees by: A. Causing or attempting to cause damage to either personal or school property or to disrupt school activities including transportation through: Arson, Burglary, Stealing/Larceny, Battery, Criminal Mischief, Intimidation or Verbal Abuse.

B. Possessing, using, selling or attempting to sell any firearm, facsimile of a weapon, knife, explosive, chemical/weapon/ device, martial arts weapon or other dangerous object. Certain weapons require a mandatory one year expulsion. Contact your school principal and/or Student Services for clarification and help with any offenses.

C. Wearing of bandannas, headgear or any article of clothing or jewelry bearing any gang symbols, names, initials, insignia or anything else which signals gang affiliation and/or is worn for the purpose of signifying gang membership. This includes gang signing.

D. Involvement in illegal activities, disrupting normal school proceedings, or inciting other students to disrupt school proceedings. For questions regarding Safe School Policy, Contact the Student Services Department.

Scope of Employment

It is the intent of the Board of Education to establish guidelines for school instructions and programs. 1. School instruction. counseling and other administrative tasks relating to students which require the presence of students should be on school premises within the normal school day. Whenever it becomes necessary for a district employee to meet with a student outside of the normal school day, or to conduct instruction outside of the school premises, such work should be accompanied with the written approval of the school principal. 2. District personnel are not authorized to invite school-aged persons from the attendance area in which the employee is employed to the employee’s home. After-hour school social activities should, whenever possible, be conducted on school premises. In all cases, the prior written approval of the school principal must be obtained. 3. In the event a school activity requires traveling and district employees are called upon to drive or otherwise provide transportation, the activity and transportation must be first approved in writing by the school principal. District employees should avoid traveling alone with a single student.


EMPLOYEE DISCRIMINATION AND HARASSMENT Nebo School District Policy (File # GBEB) prohibits any kind of discrimination or harassment in the school or the workplace on the basis of race, color, national origin, sex, religion, pregnancy, disability, age, status as a veteran or the Vietnam era, or any other legally protected class(es) as defined by applicable state and federal law. An environment free of discrimination and harassment is a necessary part of a healthy learning and working atmosphere. No employee of the Nebo School District may engage in illegally discriminating or harassing conduct which creates a hostile work or learning environment for other employees or students of the School District. Nebo School District employees with supervisory responsibility who know or have reason to know this policy is being violated must take action to correct the situation. Employees who are or have been subjected to discrimination or harassment in violation of this policy may use the complaint procedures provided in the full text of this policy. Questions regarding this policy should be directed to the Director of Human Resources. Reference: Nebo School District Policy (File # GBEB)

CHILD ABUSE REPORTING (JHFA)

The purpose of child abuse reporting legislation is to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in dealing with the problem of child abuse.

Duty to Notify Any school employee who knows or reasonably believes that a child has been neglected, or physically abused, shall immediately notify the nearest peace officer, law enforcement agency, or office of the State Division of Human Services. The building principal should be notified. However, this does not relieve the employee of reporting.

It is not the responsibility of the school employee to prove that the child has been abused or neglected, or determine whether the child is in need of protection. Investigations are the responsibility of the Division of Human Services. Investigation by education personnel prior to submitting a report should not go beyond that necessary to support a reasonable belief that a reportable problem exists. Any person, official or institution who fails to report a child abuse or neglect case is guilty of a class B misdemeanor.

A report made to the Division of Family Services must be followed with a written report within 10 days to that Department and to the District Office, Student Services Department. Reporting forms are available in the Administrative Handbook.

For additional questions, please follow the Utah Child Abuse and Neglect Protocol Handbook.

COMPUTER, E-MAIL, AND INTERNET USE POLICY (CG)

Nebo School District provides computers, networks, filtered e-mail services, and filtered Internet access to support the educational mission of the School District and to enhance the curriculum and learning opportunities for students and employees. Access and use of the School District's computer system is provided for administrative, educational, communication, and research purposes consistent with the School District's educational mission, curriculum, and instructional goals. 1. The School District utilizes an e-mail system with content and virus filtering features to assist in preventing the sending and receiving of inappropriate e-mail messages. The School District also utilizes an Internet filtering system to assist in restricting access to Internet sites containing inappropriate material. Notwithstanding these filtering systems and features, it is the responsibility of the computer system user to maintain a high level of integrity to protect themselves and others from such inappropriate material. 2. Annually, each student and employee shall be required to sign a "Computer Use Agreement" prior to obtaining access to the School District's computers, networks, e-mail services, and Internet access. 3. Students will not be allowed access to the School District's computer system without appropriate supervision. Students may use the School District's computer system only for school-related purposes, and no personal use of any kind is permitted. 4. Employees are to utilize the School District's computer system for the performance of job duties and professional or career development activities. Incidental personal use by employees of the School District's computer system is permitted as long as such use does not: (a) interfere with the employee's job duties and performance; (b) interfere with computer system operations; and/or (c) Continued


interfere with other computer system users. "Incidental personal use" is defined as use by an individual employee for occasional personal communication and information. 5. The School District retains control, custody, and supervision over its computer system, and reserves the right to monitor all computer, e-mail, and Internet activity by students, employees, and other computer system users. Students, employees, and other computer system users have no expectation of privacy in their use of the School District's computer system and equipment. Access and use of the School District's computer system is a privilege and not a right. 6. In the event of a violation of Policy #CG by a student or employee, appropriate disciplinary action may be taken by following established Board policies and administrative procedures. (1.) Students and employees shall not use the School District's computer system: (a) to engage in any illegal activities; (b) for private financial gain; (c) for commercial, advertising, or solicitation purposes; or (d) to solicit, proselytize, advocate, or communicate the views of an individual or Non-School District sponsored organization, whether for profit or not for profit. (2.) Students and employees shall not damage or disrupt the School District's computer system. Students and employees shall not gain, or attempt to gain, unauthorized access to other computers or the School District's computer system. (3.) Students and employees shall not use any inappropriate communications (i.e., language that is obscene, profane, lewd, vulgar, belligerent, defamatory, inflammatory, threatening, damaging, dangerous, or disruptive) with students, minors, employees, or others.

SECTION 504 and the AMERICANS with DISABILITIES ACT (ADA)

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 which is a Civil Rights Act, are designed to prevent discrimination against individuals with disabilities. Section 504 and ADA Title II are similar, but not identical. The major difference between Section 504 and the ADA is that Section 504 only applies to recipients of federal financial assistance; whereas the ADA extends the protection of individuals with disabilities from discrimination by both public and private entities. Both statutes protect disabled individuals and guarantee equal access to facilities, programs, and services. Neither of these programs come with any federal funding and are a responsibility of the regular education program.

A person is disabled within the definition of Section 504 and the ADA if he or she: (1) has a mental or physical impairment which substantially limits one or more major life activities; “Major Life Activities” include but are not limited to seeing, hearing, speaking, walking, breathing, learning, working, care for one’s self and performing manual tasks; (2) has a record of such impairments; or (3) is regarded as having an impairment.

All of the following conditions would qualify an individual for protection under Section 504 and the ADA if the condition substantially limited a major life activity: AIDS, cancer, alcohol and drug addiction, attention deficit disorder, diabetes, asthma, physical disabilities, arthritis, obesity, hearing impairment, special health needs, accident victim, learning disabilities, and others.

If a school district has reason to believe that, because of a disability as defined previously, a student needs a special accommodation or services in the general education setting in order to participate in the school program, the district must evaluate the student. If it is determined that the student is disabled under Section 504/ADA, the school district must develop and implement the delivery of all needed services and/or accommodations. A written accommodation plan must be kept in the student’s file and reviewed periodically. If it is determined not to do an evaluation or the student has been evaluated and is not eligible, then the district must provide a written notice to the parents including a statement of the parent’s and student’s rights under Section 504/ADA.

Reasonable accommodation to make facilities accessible may include: ramps, wheelchair lifts, restroom modifications, lowered drinking fountains, wider doorways, tactile signage, etc. For the hearing impaired: personal FM systems, and sign language interpreters may be provided. Adjustments made by the classroom teachers and other school staff are required to enable the students with disabilities to provide the student equal opportunity to participate when compared with other nondisabled students. Student accommodations may be small programmatic changes.

FAMILY AND MEDICAL LEAVE ACT (FMLA) *

*

The Family and Medical Leave Act (FMLA) provides unpaid leave for employees who are eligible and have a qualified reason, for up to 12 weeks. Eligibility Requirements: 1. Work for a covered employer (Nebo is a covered employer); 2. Have worked for a covered employer for at least 12 months; (these need not be consecutive) 3. Have worked at least 1250 hours over the previous 12 months; 4. Work at a location where at least 50 employees are employed by the employer within a 75 mile radius. Continued


*

Eligible employees may be granted up to a total of 12 weeks of unpaid leave during any 12 month period for one or more of the following reasons: 1. For birth or placement of a child for adoption or foster care; 2. To care for the employee’s seriously ill spouse, child, or parent; or 3. Because of the employee’s serious health condition that makes the employee unable to perform his or her job functions.

* A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken, and on the same terms as if the employee had continued work.

* Existing district leave policy governing appropriate uses of sick and personal leave days are applicable. The total family leave period, whether paid or unpaid, shall not exceed twelve (12) weeks per school year. *

For more information on Family and Medical Leave Act, contact the office of Human Resources at 354-7400.

LIABILITY COVERAGE

All district employees are covered under the district’s general liability coverage through Risk Management, as detailed in Utah State Code 63-30-36: (1) A governmental agency [the district] shall defend any action brought against it’s employee arising from an act or omission occurring: (a) during the performance of the employee’s duties; (b) within the scope of the employee’s employment; or (c) under the color of authority.

(2) (a) Before a governmental entity [the district] may defend its employee against a claim, the employee shall make a written request to the governmental entity to defend him/her: within ten days after service of process on him/her. (b) If the employee fails to make a request, or fails to reasonably cooperate in the defense, the governmental entity need not defend or continue to defend the employee, nor pay judgement, compromise, or settlement against the employee in respect to the claim. (3) All potential liability situations should be immediately reported to the district’s designated Risk Management Coordinator [phone 354-7400], who will notify the State Division of Risk Management.

This coverage is limited by employee’s “fraud or malice” and physical and mental impairment due to use of alcohol or other controlled substance.

Volunteers are covered under the district’s general liability policy, given that “a volunteer is considered a government employee for the purposes of...liability protection and indemnification normally afforded paid government employees.” The rules and restriction noted above apply.

HEALTHY RESPONSIBLE LIFESTYLE EDUCATION GUIDELINES (IGAI)

All healthy responsible lifestyle materials to be used will be approved and/or restricted by either the Healthy Responsible Lifestyle Committee, the “Committee”, or the local school Library and Instructional Materials Screening Committee (File # IIA-P), the local “Screening Committee,” in accordance with this policy. The Healthy Responsible Lifestyle Committee will review materials which are proposed for District-wide use. A list of Committee approved/restricted/rejected materials will be placed in the District Instructional Media Center (IMC) and will be sent to the principals as changes occur. All other healthy RESPONSIBLE lifestyle materials will be approved and/or restricted by the local Screening Committee. Local Screening Committee decisions must be based on this policy and procedure. A list of Screening Committee approved/restricted/rejected materials will be maintained at the local school and provided to the Committee on request. Any local Screening Committee decision may at any time and on request of the Committee or any interested party be submitted to and reviewed by the Healthy Responsible Lifestyle Committee for a final decision. Appeals of decisions made by the Committee will follow the regular District appeals process. GENERAL INFORMATION 1. No program at any level will include discussion of any of the following topics: a. Sexual intercourse, sexual stimulation, erotic behavior, etc. (The term “sexual intercourse” is authorized for use when needed to clarify medical and scientific instruction.) b. The acceptance or advocacy of homosexuality as a desirable or acceptable sexual adjustment or lifestyle. c. The acceptance or advocacy of contraception, including “how to” approaches to contraceptive techniques and devices. d. The acceptance or advocacy of promiscuity and premarital or extramarital sex. e. The acceptance or advocacy of abortion.


CUSTODIAL/NON-CUSTODIAL PARENT RIGHTS

There are many students in our schools who reside in single parent families; consequently, numerous questions have been raised regarding the legal rights of custodial and non-custodial parents. The school is concerned with the welfare of each student and in providing the best opportunity possible for each student to learn and achieve in a safe, secure environment during the school day. The school cannot be involved in family conflicts and urges parents to resolve any differences regarding custody and visitation rights outside the school setting. The following information prepared with legal advice from Utah State and Nebo School District Attorneys should assist you in working with families: 1. 2. 3. 4. 5. 6.

Non-custodial parents have the right to student records and to see report cards and any other information concerning the student unless the custodial parent has a court order expressly denying that right. Proof of identification may be required.

Visitation of students by non-custodial parents should not take place on school property or during the school day. Custodial parents should also exercise caution in interrupting the student’s school day. Both custodial and non-custodial parents may be denied access if the school desires to do so.

Teachers may answer reasonable requests in an appropriate setting from non-custodial parents regarding student progress unless the custodial parent has a court order expressly denying that right.

Federal guidelines require the involvement of custodial parents in special education placement. Non-custodial parents may not make final educational program decisions for their children, although they may participate in the individual educational plan meeting.

Schools should not give out information on any student or staff member over the phone due to federal guidelines regarding individual privacy rights. Any requests for information should be in writing or in person where appropriate identification can be submitted.

Persons who are enrolling students who are not the biological parent should be sent to the Student Services Department at the District Office.

NOTE: If you have questions, please contact the Nebo District Department of Student Services.

Corporal Punishment

Utah Code (Section 53A-11-802), and Nebo School District Board of Education policies and procedures specifically prohibit corporal punishment by any school employee.

Corporal punishment is defined as the intentional infliction of physical pain upon the body of a minor child as a disciplinary measure.

School employees may not inflict or cause the infliction of corporal punishment upon a child who is receiving services from the school.

This policy does not prohibit the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate circumstances to: a. Obtain possession of a weapon, other dangerous objects, or controlled substances in the possession or under the control of a child. b. Protect the child or another person from physical injury. c. Remove from a situation a child who is violent or disruptive. d. Protect property from being damaged.

Individuals who report alleged violations to the school are subject to the same requirements of confidentiality as provided under child abuse reporting.

The principal or designee shall investigate all reports of corporal punishment committed by school employees assigned to his/her school.

If a violation is confirmed, the school administrator shall take prompt actions to report the punishment to legal authorities, parents, and school district officials, and to take steps to ensure against a repetition of the violation.

TESTING ETHICS Nebo School District fully participates in and supports the statewide assessment program, including both the norm-referenced Iowa Achievement Test (fall) and the criterion-referenced end-of-year core assessments (spring). These tests are termed as "standardized tests" under Utah Administrative Code, Section R277-473-1-G. Utah ATE Skills Certification tests are also administered to Nebo students. Testing materials must be handled according to the following guidelines: Continued


TEACHERS, ADMINISTRATORS, AND SCHOOL PERSONNEL SHALL NOT: 1.

Provide students, directly or indirectly, with specific questions, answers, or the subject matter of any specific item in any standardized test prior to test administration;

2.

Copy, print, or make any facsimile of testing material prior to test administration without express permission of the specific test publisher, including USOE, and school district administration;

3.

Change, alter, or amend any student answer sheet or any other standardized test materials at any time in such a way as to alter the student's intended response;

4.

Use any prior form of any standardized test (including pilot test materials) in test preparation without express permission of the specific test publisher, including USOE, and school district administration;

5.

Violate any specific test administration procedure or guideline specified in the test administration manual, or violate any state or school district standardized testing policy or procedure; or

6.

Knowingly and intentionally do anything that would inappropriately affect the security, validity or reliability of standardized test scores of any individual student, class or school.

Violation of any of these rules may subject licensed educators to possible disciplinary action pursuant to Professional Practices and Conduct for Utah Educators, Utah Administrative Code, Section R686-103. Reference: Utah Administrative Code, Section R277-473.

Ethics Act

The Ethics Act underscores the importance of properly advising both board members and district employees about the Act. Penalties for violations are severe, including removal from office of employment and criminal penalties identical to those for theft. In determining the criminal penalty, the dollar value of a benefit obtained through conflict of interest, improper compensation, or special assistance is computed and punishment rises with the value. A benefit worth less than $100 is thus a class B misdemeanor, but a benefit worth more than $1000 is a second degree felony.

We most frequently are contacted about violations involving improper use of restricted information or using one’s official position to gain or grant special benefits. Examples of these violations include: Improper use of restricted information 1. Using a list, whether written or simply memorized, of students names to generate customers for summer coaching camps, trips to foreign countries, or sales of merchandise. If a district has not declared student name lists to be open to the public, then both federal and state law protect student names against disclosure without the prior written consent of parents. 2. Learning about potential job openings before that information is released to the public, and giving friends or family members a head start. 3. Disclosing personal information relating to students or staff to persons who do not have both a legal right to obtain the information and a need to receive it. Improper use of position 1. Using the special access to decision makers which one has as an employee or board member to increase the odds that a friend or family member can get a job with the district or to encourage the dismissal of an employee. Personnel decisions, whether hiring or dismissal, must be handled through normal objective procedures, and it is improper for board members or employees to try to influence those outcomes for personal reasons. 2. Using one’s position as a coach to encourage students to sign up for summer coaching camps taught by the coach or a friend of the coach. 3. Using one’s position as a teacher to encourage students to sign up for summer travel supervised by the teacher or a friend of the teacher. 4. Making personal purchases in the name of a school district or school in order to obtain special discounts or evade sales tax. Reference: Utah Code, Section 67-16-1, Et. Seq. “Utah Public Officers’ and Employees’ Ethics Act”


STUDENT DISCRIMINATION AND HARASSMENT POLICY #JFCJB

Nebo School District’s Student Discrimination and Harassment Policy #JFCJB reinforces the District’s commitment to maintain an educational environment in which all students are treated with respect and dignity. The purpose of the policy is to help ensure that students are not subject to sexual harassment, or to harassment or discrimination on the basis of race, color, religion, sex, national origin, disability, or any other classification protected by law. The District prohibits discrimination and sexual harassment of students by other students, employees, volunteers, or other persons at school or at school-related activities and events.

“Discrimination” includes any conduct which illegally disadvantages students based upon race, color, religion, sex, national origin, disability, or any other classification protected by law. “Harassment” includes any behavior, expression, or activity that stigmatizes or victimizes students or groups of people because of their personal attributes, including race, color, religion, sex, national origin, disability, or any other classification protected by law, and that: (a) adversely affects or interferes with a student’s education or academic status or progress, participation in school or school-related activities and events, or personal safety; or (b) creates an intimidating, hostile, demeaning, or offensive educational environment.

“Sexual harassment” includes unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person in the educational setting, when: (a) submission to or rejection of the conduct is used as the basis of any decisions affecting the student or the student’s education or academic status or progress, or participation in school or school-related activities and events; or (b) the conduct has the purpose or effect of having a negative impact on the student’s academic performance, or of creating an intimidating, hostile, or offensive educational environment.

The policy details several specific types of conduct which are prohibited and may constitute unlawful discrimination or sexual harassment. The District encourages all victims of discrimination or sexual harassment, and all persons with knowledge of discrimination or sexual harassment, to report the inappropriate conduct immediately. Complainants should document the incident(s) of discrimination / sexual harassment using the District’s “Student Discrimination and Harassment Report Form” (IMC Form No. 107.2) and deliver it to the school principal or other school administrator. This Report Form is available at all schools and the District Office. The policy sets forth specific procedures the school and/or the District should follow to promptly investigate all complaints of discrimination and sexual harassment, and to take prompt corrective and disciplinary action to end the inappropriate behavior. The District also prohibits retaliatory behavior or action against persons who complain, testify, assist, or otherwise participate in the complaint process established pursuant to the policy or by any administrative directive. False, malicious, or frivolous complaints of discrimination or sexual harassment shall result in corrective or disciplinary action taken against the complainant.

The District recognizes the importance of educating its employees and students regarding the prevention of discrimination and harassment, the promotion of cultural diversity, and the observance of high ethical standards. To these ends, the District will provide ongoing training and education in this area. To receive a full version of the policy, you may contact the school or the District Office. The policy is also available on-line at www.nebo.edu.


I have read and I am familiar with the “Key Issues” as contained in the Nebo School District Key Issues pamphlet (2007-08 issue). Date

Signed

Print Name

After reading the pamphlet and signing this form, return form to your supervisor.

I have read and I am familiar with the “Key Issues” as contained in the Nebo School District Key Issues pamphlet (2007-08 issue). Date

Signed

Print Name

After reading the pamphlet and signing this form, return form to your supervisor.

I have read and I am familiar with the “Key Issues” as contained in the Nebo School District Key Issues pamphlet (2007-08 issue). Date

Signed

Print Name

After reading the pamphlet and signing this form, return form to your supervisor.

Key Issues Document  

key issues for Nebo Employees

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