100 Mission Statement of the Pleasanton Public School District

100 EDUCATIONAL MISSION STATEMENT100 Mission Statement of the Pleasanton Public School DistrictThrough cooperation of students, staff, family and community our mission is to offer everyone educational opportunities to excel and become responsible citizens in an ever-changing world.101 EDUCATIONAL OBJECTIVES/GOALS/VALUES101 Governing ValuesWe Believe that everyone can learn and excel in a positive environment.We Believe the quality of education improves with cooperation of student, staff, parents, and community.We Believe in offering the tools necessary for life long learning.We Believe in instilling attitudes to produce responsible citizens who can cope and adapt in an ever-changing global community.We Believe n encouraging excellence.Other Objectives: 1. Every teacher is teaching in his or her field of competency as available and resources permit, and is improving his/her professional education.2. The school should be adequately staffed to meet the current and future needs of the students and the community.3. There should be good communication among all teachers, administrators, and parents.4. There should be a learning environment that enhances the building of a positive self- concept, thus enabling each student to attain optimum development.5. Several methods of instruction should be provided to meet each individual student's needs.6. The school should provide an adequate physical plant that is conducive to positive learning.7. A diversified program of studies should be provided to prepare the students for postsecondary education and employment.Page 1 of 354 8. A well-rounded instructional program should create an awareness of their surroundings and motivate an interest and appreciation of the Fine Arts and Foreign Language.9. It is the responsibility of the Board, to select a competent Superintendent and to develop the policies that comply with the State Accreditation to develop the best possible education for each student.10. It is also, the responsibility of the Board of Education to develop an annual budget that carries out the educational needs of the school.11. The superintendent is the executive officer of the Board of Education. He/she is expected to assume a leadership position in the school and community. It becomes his/her obligation to enforce the policies of the Board.12. The educational program is under the directorship of the principal. The supervision of the faculty, the plant and the scheduling of the academic program come under his jurisdiction.13. The school endeavors to: a. Develop and reinforce high moral and ethical values. b. To lead the pupils to understand the importance of the individual, to the family, the community and the State. c. Aid the pupil to develop clear, logical thinking and good judgment to the affairs of daily living. d. The school endeavors to develop the ability to communicate ideas in students. e. To teach the pupils to use their leisure time well and to budget it wisely.Page 2 of 354 201 GENERAL ORGANIZATION201.1 Name of School DistrictThe Pleasanton Public School District of Pleasanton, in the County of Buffalo, in the State of Nebraska. School District Number 10-0105.201.2 Legal Status of the BoardThe terms school board or board of education means the governing body of any school district. Since school board control is subject to the authority of the state, local school boards can do only those things and possess only those powers specifically ascribed to them by the legislature. In State of Nebraska ex. rel. The School District of the City of Grand Island v. The Board of Equalization of Hall County, Nebraska, 166 Neb. 783 (1958), the court said, "In this state a school district is a creature of statute and possesses no other powers than those granted by the legislature."201.3 General Powers and DutiesLEGAL PROVISIONS: Relative to Real Estate1. Shall have the general care and upkeep of the schools. 2. Shall provide for care and custody of the schoolhouse and other property of the district. 3. Shall provide the necessary appendages to the schoolhouse and keep these in good repair during the time school is taught, keep an accurate account of all expenses incurred. 4. May at its discretion permit the use of public school buildings for public assemblage under the rules and regulations as it may adopt. The school board may also charge the necessary fees that may be necessary to meet the expenses of the meetings, restore the property, and pay the extra help required to do so. 5. Shall have the power to exercise the right of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in school law. 6. May enter into a lease or lease-purchase agreement for the exclusive use of their individual jurisdictions for such buildings/equipment as the school board determines necessary. These agreements shall not exceed 7 years and all payments on the leases shall be made from current building funds or general funds. 7. May lease, purchase, acquire, own manage, and hold title to real property that is located outside its own school district for laboratory, recreation, camping, or educational facilities. However, any purchase costing more than $5,000 shall be submitted to a vote of the voters of the district. The election provisions of this section shall not apply to situations when a school district desires to lease, purchase, acquire, own, manage, and hold title to additional real property for laboratory, recreation, camping, or educational facilities. 8. May accept title to real estate from a city or village of property that has been dedicated or used as a public park when such real estate lies within the boundaries of the city or Page 3 of 354 village. The real estate conveyed under this statute may be used only in the manner and to the extent that other real estate owned by the school district may be used. 9. School districts may levy a special tax to acquire funds for purchasing or repairing real property. The school board may establish a fund from the proceeds of an annual levy not to exceed 14 cents per $100 on taxable property in the district, except intangible property, to be used only for the following purposes. Acquire sites for school buildings or teacher; purchasing existing buildings for use as school buildings of teacherages, including sites upon which buildings are located; the erection, alteration, equipping, and furnishing school buildings or teacherages and additions to school buildings for elementary and high school grades. 10. Must take from the person, person's firm or corporation that is awarded a construction contract, a bond in a sum not less than the contract price with a corporate surety company conditioned for the payment of all laborers and mechanics for labor that shall be performed and for payment for material which is actually used or rented in the erecting, furnishing, or repairing of the public structure or improvement or in performing the contract. 11. The school board of a Class III district has no authority to transfer unused money in its general fund to the building fund for the construction of school buildings and additions thereto. 12. Must be notified by the appropriate planning commission of proposed zoning and planning changes that will affect the district.For powers to dispose of property, see 79-521; 79-530 For powers to borrow money, see 79-520; 79-531LEGAL PROVISIONS: Relative to Employees:1. Shall have authority to hire a superintendent, teachers, and other personnel. 2. May not employ a member of the school board as a teacher in the school in which school district the person serves as a member of the school board. 3. Shall not enter into a contract of employment with a teacher or administrator who is already under contract with another school board covering a part or all of the same time of performance as the contract with the other school board. 4. Shall be personally liable for all public money paid to teachers or administrators who have not registered their certificates with the school and signed by the superintendent. 5. Shall provide the teachers with an uninterrupted lunch period of not less than thirty minutes each school day. 6. Shall give notice in writing not later than December 1st its intention to terminate the contract of any superintendent or associate superintendent. 7. The superintendent shall, not later than April 15, notify each teacher in writing of any conditions of unsatisfactory performance or other change of leave or absence policies of the school board which the school board considers may be just cause to either terminate or amend the contract for the ensuing year.Page 4 of 354 LEGAL PROVISIONS: Relative to Student Governance:1. Make rules and regulations necessary for the government and health of pupils. 2. Devise means that are best to secure students regular attendance and progress. 3. Shall admit children who will reach six years of age prior to January 1 of such school year to attendance according to state statute. 4. May employ a physician or a person skilled in mental diagnosis who shall determine whether or not a child is capable of undertaking the work of the school when an exemption is claimed on account of mental or physical incapacity. 5. May elect to offer a kindergarten program either half days only for the full year or full days for one-half the school year. If the district opts for the latter, it shall be during the second semester of the school year. 6. Shall make provisions for students to enter school any time during the school year and shall admit any homeless student that requests admission without charge. 7. May admit nonresident pupils to the district school, may determine the rate of tuition of the pupils, and shall collect such tuition in advance. 8. Every school district shall require that each child under its jurisdiction be inspected to determine whether the child suffers from defective sight or hearing, dental defects, or other condition as prescribed by the department of Health. These inspections shall be conducted in the first quarter of each school year and, thereafter, as children enter school during the year. If the inspection determines the child has such condition, it is the duty of the school to notify the parent in writing of the child condition and the necessity for professional attention. Provided no child shall be required to be inspected when a parent or guardian objects in writing to school authorities. 9. Shall require each child under twelve years of age to be protected against Hepatitis B, measles, mumps, Rubella, polio, Diptera's, perturbs, varicella (Chicken pox) and tetanus by immunization before being permitted to attend any school under its jurisdiction, unless a parent or guardian of such child presents a written statement that he does not wish to have such child so immunized. 10. Shall require a birth certificate and evidence of a physical examination and visual examination by a qualified physician and such immunization as required by the school board within six months prior to the entrance of the child into the local school. 11. May employ licensed physicians to make physical examinations or inspections required. 12. Shall arrange for pupils to be classified in grades or departments and have them be taught in courses of study that the school board develops with the advice and consent of the Commissioner of Education. 13. Shall establish and promulgate rules of student conduct that are necessary to carry out or to prevent interference with carrying out any educational function.201.4 ElectionsClass III school boards are elected for four-year terms so that one-half of the members are elected every two years.All school board members shall be nominated and elected on a non-partisan ballot.Page 5 of 354 The term of office of all members begins on the first Thursday after the first Tuesday in January following each statewide general election. Any vacancy other than expiration is filled by vote of the remaining members of the school board.201.5 MembershipThe Pleasanton Board of Education shall consist of six members elected at large from patrons living within the school district.In case of an unexpected vacancy or resignation the new member shall be selected by majority vote of the remaining board members.201.6 Term of OfficeTerm of office is for four years with exceptions noted in 201.4 and 201.5201.7 Organization of the BoardThe Board shall elect from among its members annually a president and a vice-president who shall serve one year. A secretary, who may be a member of the Board, the Superintendent of schools, or an employee of the Board of Education, shall be elected by the Board. The Board shall also elect from among its members a treasurer who shall serve one year. All members may be re-elected annually.In the absence of the president the vice-president shall conduct the business of the board. In the absence of the vice-president the secretary shall conduct the business of the board.201.8 Vacancy of the Board Any vacancy on the board resulting from causes other than expiration of term shall be filled by vote of the remaining members for the balance of the term.Page 6 of 354 202 SPECIFIC DUTIES OF THE BOARD202.1 Code of Ethics"I, ______, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and without mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ______, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence, and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God."202.2 PresidentThe powers and duties of the president of the school board are:1. Preside at all meetings of the school board. 2. Countersign all orders upon the school treasury for funds to be disbursed by the board and all warrants of the secretary of the county treasury. 3. Administer the oath to the secretary and treasurer when so required by law. 4. Such other duties as the law may require. The president also has the right to vote on any issue that may come before the board.202.3 Vice-PresidentThe duties of the vice-president are not specified. (Refer to 201.7)202.4 SecretaryThe secretary is the clerk of the district school board. Provision exists for electing a temporary clerk when the secretary is not present. In addition, such secretary shall (1) record all proceedings of the district in a book furnished by the district to be kept for that purpose; (2) preserve copies of all reports; and (3) safely preserve and keep all books and papers belonging to the office.It is also the duty of such secretaries to take or cause to be taken a census of all children from birth through twenty years of age, together with the names of all taxpayers in the district. The census shall also separately identifying handicapped children in the district. There are varying dates for taking this census in different districts. When a secretary refuses to countersign an order of the treasury, he/she may be compelled to do so by mandamus. Page 7 of 354 Within ten days of the school board meeting, to publish once in a local paper a list of all claims arising on contract or tort which were allowed by the school board. There shall be published a concise summary of all other proceedings of the school board. The secretary shall likewise publish the budget for the ensuing fiscal year in a statutorily prescribed manner. There are criminal penalties, including possible removal from office for failure to comply with these publishing requirements.The secretary of a Class III district may receive compensation for services performed in discharging his/her duties. 79-807202.5 TreasurerThe treasurer has the duty to apply for and receive from the county treasurer all school money apportioned to or collected for the district and to pay out all money received by him/her.The treasurer shall: Keep a book in which shall be entered all money received and disbursed; show (1) the source from which the money has been received, (2) to what fund it belongs, and (3) the persons and objects for which it has been paid out; and present a written report to the district at the annual meeting. The report must show all receipts, disbursements, and vouchers, orders, and papers, together with all money remaining in the district treasury. The treasurer shall give a bond or equivalent insurance coverage payable to the School District in such amount as required by law and determined appropriate by the Board of Education. The Board of Education may require that other school officials whose duties require the handling of funds be bonded or obtain insurance coverage including, but not limited to, the bookkeeper, activities director, Superintendent and cafeteria supervisor. The cost of such bonds or equivalent insurance coverage shall be paid by the School District. The surety can either be personal or corporate of recognized responsibility and must be approved by the president and secretary. The secretary must file the bond in the office if the county treasurer of the county in which the school district in situated. Failure to provide bond or provide evidence of such insurance coverage, results in loss of office and a new treasurer shall be elected. No treasurer may withdraw or disburse district money prior to filing the bond or evidence of equivalent insurance coverage. The treasurer of a school district may invest the funds of the district by and with the consent of the school board in certain securities. School treasurers are forbidden to lend or use any part of school money in their hands under penalty of fine and imprisonment as provided regarding embezzlement, except as provided in 79-1043.A Class III district may employ a treasurer for a salary not exceeding $1,200 per annum. Treasurers must attend school board meetings when requested to do so, must submit a monthly financial report, and must pay money only on a properly signed warrant.Page 8 of 354 202.6 Conflict of InterestNo officer of the school district may be directly or indirectly interested in any contract in which the school district is a party.An officer of the school district may avoid application of the law by revealing the nature and extent of his/her interest in any contract prior to consideration of the contract.A Pre-Contract Disclosure Statement is available on the Contract Interest Disclosure Form approved by the board.After completing the disclosure form and filing it with the Superintendent, the official must comply with the following:1. He/she should not participate in the consideration or the discussion of the contract, other than to reveal his/her interest therein. 2. He/she should not attempt to influence employees or other officers in any way related to the contract. 3. He/she should not vote on the matter of granting the contract. 4. He/she should remove himself/herself during the consideration of, discussion of, and vote on the contract. 5. He/she should not act indirectly or directly, for the school district as to inspection, operation, administration, or performance under the contract. 6. Within ten days after the parties have signed the contract, the official must file with the Superintendent the completed written Post-Contract Disclosure Statement. Each blank must be completed under the provisions of the law.Page 9 of 354 203 PROCEDURE OF OPERATION203.1 Formulation of PolicyThe Pleasanton Board of Education shall develop and annually update a written set of policies for the orderly operation of the school. Such document shall be on file in each school building of each school district.203.2 Revision of PolicyPolicies shall be reviewed yearly for revisions. Policies will be acted upon at the next regular meeting following review.203.3 Rules and RegulationsRobert's Rules of order will be used, unless the board determines otherwise.203.4 Standing CommitteesThe Board shall, at the beginning of each year, appoint from its membership, a committee of three, to be known as the Committee on Americanism.203.5 Temporary CommitteesThe Board president may appoint such committees as deemed necessary for the proper management of the board activities.203.6 Citizen Advisory CommitteesAdvisory committees may be utilized by the board/administration. All committees will report to the board/administration, and may be dissolved at any time by the board or administration.203.7 Legal CounselThe Board of Education is empowered to use district funds to pay for the services of an attorney whenever the board deems necessary or advisable.Page 10 of 354 204 MEETINGS OF THE BOARD OF EDUCATION204.1 Regular MeetingsThe official legal action meeting each month held in accordance with appropriate statutes and no later than the third Monday of each month.The Pleasanton Board of Education will meet on the second Monday of each month at 7:00 P.M. at the school, unless notification is posted in town three days in advance of a change of the regular meeting.204.1a Bylaws of the Board – Meetings - Board/School District Records Exceptions and LocationsThe Board of Education and the Superintendent may withhold from the public those records in their custody enumerated by law. Records, which are open to inspection, shall be available in the office of the Superintendent.Open Meetings Act Posting and Public Access to Board RecordsThe Board of Education accepts its responsibility to conduct its meetings in public and in compliance with law. The Superintendent shall post at least one current copy of the Open Meetings Act in the meeting room at a location accessible to members of the public. At the beginning of each meeting the public shall be informed about the location of the posted information by announcement of the Board President or Chairperson or via notice given in the Agenda. The Superintendent and the Board secretary shall make available for examination and copying by members of the public at least one copy of all reproducible written material to be discussed at an open meeting except where the law specifically states that a matter is exempted either temporarily or permanently from such disclosure.Therefore, the Board of Education directs the Superintendent and the Board secretary, acting jointly and cooperatively, to make easily available copies of the Board of Education policy manual and the minutes of meetings of the Board of Education and its committees (except as exempt by law). Minutes shall be made available within ten (10) days of the meeting reported; policies shall be incorporated into the manual within thirty (30) days of adoption. Legal Reference: §§84-1408 to 84-1414 §84-712 Date of Adoption: 2006204.1b Bylaws of the Board – Meetings Minutes The Board of Education shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed. The resignation of a Board member or any other circumstance that results in a vacancy in office shall be made a part of the minutes. Page 11 of 354 The minutes shall be prepared by the secretary or designee immediately following the meeting, shall be written, shall be available for inspection by the public and for distribution to the members of the Board within ten (10) working days, or prior to the next convened meeting, whichever occurs earlier, and shall be a part of the agenda for the next regular meeting at which time they shall be corrected, if necessary, and approved.The minutes shall be kept in the office of the superintendent and shall be public records and open to public inspection during normal business hours.The minutes may be kept as an electronic record.Legal Reference: Neb. Rev. Stat. §§ 79-555; 79-570; and 79-577 Neb. Rev. Stat. §§ 84-1408 to 1414Date of Adoption: August 2015204.2 Special MeetingsSpecial meetings may be held as circumstance may demand. All meetings of the school board are open to the public. A summary of any school board meeting actions or claims allowed must be published within ten days after such meeting in a paper of general circulation.The president or any two members may call special meetings, but all members shall have notice of the time and place of such meeting.204.3 Executive Sessions - (Closed)The Board of Education may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such reasons as: (a) strategy sessions with respect to collective bargaining, real estate purchases, or litigation; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations or misconduct; or (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; provided, however a closed meeting shall never be held for the purpose of discussing the appointment or election of a new member to the Board of Education.The vote to hold a closed session shall be taken in open session. The subject matter and the reason necessitating the closed session shall be identified in the motion to close. The entire motion, the vote of each member on the question of holding a closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. The Board shall restrict itsPage 12 of 354 consideration of matters during the closed portions to only those purposes set forth in the motion to close as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. Any member of the Board shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reasons stated in the original motion to hold a closed session. Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes.The term "closed session" as used in the policies, regulations and Bylaws of the District shall include within its meaning any "executive session" or "executive meeting" authorized or prescribed by said policies, regulations and Bylaws, all of said terms being interchangeable.204.4 Annual MeetingThere are no annual meetings required for Class III districts.A budget hearing shall be held each year. Notice of place and time of such hearing, together with a summary of the proposed budget statement, shall be published at least five days prior to the date set for the hearing, in a newspaper of general circulation within the governing body's jurisdiction.204.5 Organizational MeetingThe annual Reorganization Meeting of the Pleasanton Board of Education shall be held no earlier than the first Thursday after the first Tuesday in January in those years where such event follows a statewide general election. The order of business shall be:1. Current president opens the meeting and presides over roll call. 2. The Secretary of the Board of Education for the purpose of administering the oath of office (if given) to new Board members and preside during the election of the new board president. 3. When the President is elected he shall take over the meeting. A Vice-President will then be elected, as well as a Secretary and Treasurer. 4. Regular action and information items will follow and the prescribed Board agenda will prevail for the remainder of the meeting.204.6 Notice of MeetingsNotices of all regular meetings of the board are posted with day, time and place at three posting places in town. Currently the Post Office, River Stop and the Bank are the three main posting places, these may change as closings may dictate.Posting of all other meetings will be at these places, but will have the agenda or will mention that the agenda is available in of the office of the Superintendent.Page 13 of 354 204.7 Quorum for MeetingsA majority of members of the Board shall constitute a quorum. In the absence of a quorum, the only official action that the Board may take is to adjourn the meeting to another time and/or date.204.8 Rules of OrderRobert's Rules of Order will be used, but may not be strictly adhered to at the discretion of the presiding officer.204.9 AgendaEach school board must include with the public notice of each meeting an agenda or the statement that an up-to-date agenda is available at the main office during regular business hours. The agenda may be altered to contain emergency items at the meeting. Items not on the agenda will not have action taken until the next regular board meeting. 84-1411Agenda Preparation and DisseminationWritten meeting agendas will be prepared by the Superintendent of Schools in corroboration with the President of the Board of Education. Any Board member may submit agenda items to be placed on the agenda by the Superintendent and the Board President.The Board shall follow the order of business set up by the agenda unless the order is altered by a majority vote of the members present. Items of business not on the agenda may be discussed and acted upon if a majority of the Board agrees to consider them. The Board, however, may not revise Board policies, or adopt new ones, unless such action has been scheduled. Control of the agenda is the responsibility of the Board President.An agenda, kept continuously current, shall be readily available for public inspection at the office of the Superintendent of School of the Pleasanton Public School District during normal business hours. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting. The School Board shall have the right to modify the agenda to include items of an emergency nature only by action taken at the public meeting at which the item is to be considered. Items not on the agenda will not have action taken until the next regular board meeting.The agenda as well as supporting materials, shall be distributed to Board members sufficiently prior to the Board meeting if at all possible, to permit them to give items of business careful consideration. The agenda and appropriate agenda materials shall also be made available to the press and to others upon request. Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting.Any Board member, staff member, student or citizen of the district may suggest items of business.Page 14 of 354 204.10 Order of Regular Business MeetingThe following is the agenda format for regular meetings and as appropriate for special meetings called by the Board of Education. a. Call to Order and Roll Call b. Request to Address the Board c. Approval of Minutes d. Treasurer's Report e. Approval of Bills f. Administrative Report g. Board Matters (Old and New Business) h. Board Adjournment204.11 Handling GrievancesPROCEDURES FOR ADDRESSING THE BOARD OF EDUCATIONWho May Address the Board 1. Residents of the district 2. Members of the staff and students 3. Parents of students 4. Individuals who have been requested by the Superintendent or Board to present a given subject. 5. Non-residents of the district who have requested and received the permission of the Superintendent in the prescribed manner.To Place an Item on the AgendaAn applicant may place an item on the agenda by filing a written request with the Superintendent at least one week prior to the regularly scheduled board meeting. The written request should include the name, address, and telephone number of the person making the request; the name of the organization or group represented, if any; a statement of action to be requested of the board; any pertinent background information leading to the request.Time and Placement on the AgendaThe superintendent, upon receipt of a properly executed request, shall set a date for inclusion of the requested item on the agenda as soon as practicable, bearing in mind such consideration as allowing time to gather information, to assemble members of the staff who have knowledge of the subject, etc. The Superintendent shall notify the individual or group of the date, time, and place of the meeting at which the item will be considered.To Speak to an Item on the Agenda1. Be recognized during the visitor period by the presiding officer. (Agenda Item #2)Page 15 of 354 2. State your name and address. 3. State the subject about which you wish to speak. 4. Your name will be placed on the agenda and you will be called upon when that subject comes up for discussion. 5. The Board may delay any decision for 30 days or until the next regular board meeting.To Speak To An Item Not On The Agenda1. Be recognized during the visitor period by the presiding officer. 2. State your name and address. 3. No action will be taken by the Board on items brought up during the visitor period. If action is desired the subject should be placed on the agenda of future meeting.Time Limit For SpeakersA time limit of five minutes per speaker will be allowed. Not more than a total of twenty minutes will be allowed for the presentation of any specific topic. These time limits may be changed by a majority of the Board members voting to extend the time for a specific topic or speaker.Conduct or Remarks Out of OrderUndue interruption or other interference with the orderly conduct of business cannot be allowed. Defamatory or abusive remarks are always out of order. A speaker's privilege of address may be terminated if he/she persists in improper conduct or remarks.Questions and Comments by the Board and SuperintendentMembers of the Board of Education and the Superintendent may question a speaker or make comments in response to the speaker’s remarks.Charges, Complaints, or ChallengesAt a public meeting of the Board no person shall orally initiate charges or complaints against individual employees of the District. All such charges, complaints, or challenges shall be presented to the Superintendent or Board in writing, signed by the complainant. All such charges, if presented to the Board directly, shall be referred to the Superintendent for investigation and report.Circulation of MaterialsAny written or printed material to be circulated at a board meeting must be submitted to the Superintendent by the Wednesday preceding the meeting. This material will be transmitted to the members of the Board for their disposition.The Board may deviate from these rules by a majority vote of the members present.Page 16 of 354 204.11a COMPLAINT PROCEDURES FOR THE PLEASANTON PUBLIC SCHOOLSConstructive criticism of the school is welcome when it is motivated by a sincere desire to improve the quality of the educational program and to equip the school to perform its task more effectively.The Board and Administration places trust in its employees and desires to support their actions in such a manner that employees are freed from unnecessary, spiteful, or negative criticism and complaints.All complaints dealing with the school or school personnel shall go through the complaint procedure before the board may act.All complaints against certified personnel shall be conducted according to State Laws, or negotiated agreements, and shall follow the complaint procedure.PLEASANTON PUBLIC SCHOOLS COMPLAINT PROCEDURESThe Superintendent of Schools is charged with the responsibility of developing guidelines for the processing of complaints concerning school personnel, programs, or activities. For clarification, the "complainant" shall be the individual with the complaint or concern and the "respondent" shall be the individual about whom or to whom the complaint or concern is addressed. In order to facilitate this process, a procedure is needed in order to guarantee, first of all, that the complainant has the opportunity to voice his/her complaint and secondly, that the respondent is given the opportunity to explain his/her actions to the complainant before the administrative or board of education becomes involved.A basic of socialization and human interaction is that most problems and difficulties between individuals or groups of individuals can be remedied when the adversaries approach each other in an open, honest and forthright manner to discuss their differences. This accomplishes two things: First, the complainant accepts his/her responsibility of presenting his/her complaints or concerns directly to the respondent. Secondly, the respondent is able to more effectively communicate with the complainant when the facts are presented without other parties becoming involved until necessary. Of course, not all complaints or concerns will be resolved by a meeting of the two parties. In that case, a procedure needs to be established whereby the complainant or respondent can ask for assistance in the resolution of any problems. The Administration of the school system needs to fill that role. Then, should the complainant or respondent still be dissatisfied with the resolution, he/she should be allowed to discuss the matter with the board of education. The following procedure shall be utilized, as the administrative regulations for the resolution of complaints or concerns and the regulations shall apply to all patrons, students, school employees and board of education members.1. The complainant is encouraged to go directly to the respondent to effectively discuss any problems. Constructive criticism is beneficial to all parties.Page 17 of 354 2. In some cases, the complainant may be more comfortable approaching a potential conflict situation by contacting the Administration. Should this occur, the complainant will receive the following information: a. The complainant shall be invited to discuss the complaint with the respondent. The complainant or the respondent will have the option of having an administrator present. Should the complainant decline to discuss the concern with the respondent, the complainant shall be informed that unless he/she accepts the responsibility of presenting complaints or concerns directly to the respondent, the complaint or concern shall be dismissed. b. Should work schedules or time not allow, the complainant will be allowed to call the respondent to discuss the concern. c. After the complainant and respondent have met to discuss any complaints or concerns, each party has the right to appeal any resolution of that conference to the administration. After the administration has heard the facts and determines a resolution, if either party is dissatisfied with that resolution, they may request placement upon the agenda of the board of education meeting to discuss the complaint or concern with the total board of education. The board of education has the final authority concerning the resolution of complaints or concerns.In some cases, complaints are initially filed with individual board members or the Board as a whole. Whenever these complaints are made, the Board or its members shall utilize the following procedures.1. The board member shall listen courteously and inform the complainant that he/she, as a member of the total board, must remain impartial in the event that an appeal is eventually filed with the board. The board member shall then utilize the following steps: a. The complainant shall be reminded of the complaint procedure and instructed to comply with that practice. b. If necessary, the complainant shall be referred to the appropriate administrator and the board member shall call the administrator to inform him that a call may be forthcoming from the complainant.2. Should the complaint received by the board member addresses a rule, regulation, program or school business and not an individual, the board member is encouraged to explain the situation to the best of his/her ability and inform the complainant that he/she needs to contact the Superintendent or Principal to discuss the problem further. After a discussion with the Superintendent or Principal the complainant may then request placement upon the agenda for further discussion. The utilization of the above regulation is imperative if the district is to maintain open and constructive communication between all parties in the district. Of course, not all resolutions to complaints, when finalized, will be acceptable to all parties. That is to be expected, as everyone is entitled to an opinion. This complaint procedure cannot be expected to eliminate all conflict Page 18 of 354 situations, but the use of this procedure will guarantee that all parties have had the opportunity to discuss their differences in an open, one-to-one manner so that all facts can be presented fairly and the rights of all persons involved can be protected.204.12 Minutes of MeetingsEach school board must record the minutes of all meetings. The minutes must contain the meeting time, place, members present and absent, and the substance of all matters discussed. All votes must be recorded, showing how each member voted on each issue (including absent and not voting). Voted to organize the school board may be in secret, but the minutes must indicate how many votes each candidate received. All school board minutes are public records and must be open for public inspection during normal business hours. Minutes shall be written and available for inspection within ten days, or prior to the next convened meeting, whichever occurs earlier. 84-1413Minutes shall be kept in the main office of the school building.204.13 Board/School District RecordsExceptions and LocationsThe Board of Education and the Superintendent may withhold from the public those records in their custody enumerated by law. Records, which are open to inspection, shall be available in the office of the Superintendent.Open Meetings Act Posting and Public Access to Board RecordsThe Board of Education accepts its responsibility to conduct its meetings in public and in compliance with law. The Superintendent shall post at least one current copy of the Open Meetings Act in the meeting room at a location accessible to members of the public. At the beginning of each meeting the public shall be informed about the location of the posted information by announcement of the Board President or Chairperson or via notice given in the Agenda. The Superintendent and the Board secretary shall make available for examination and copying by members of the public at least one copy of all reproducible written material to be discussed at an open meeting except where the law specifically states that a matter is exempted either temporarily or permanently from such disclosure.Therefore, the Board of Education directs the Superintendent and the Board secretary, acting jointly and cooperatively, to make easily available copies of the Board of Education policy manual and the minutes of meetings of the Board of Education and its committees (except as exempt by law). Minutes shall be made available within ten (10) days of the meeting reported; policies shall be incorporated into the manual within thirty (30) days of adoption.Date of Adoption: 2006Page 19 of 354 205 MISCELLANEOUS205.1 Compensation of ExpensesBoard of Education members, employees, or volunteers of the school district are expected to maintain effectiveness by being well-informed on educational and related issues and are encouraged to attend education workshops, conferences, training programs, official functions, hearings, or meetings which are sponsored by the school district or state and national educational organizations, or which are otherwise in the best interests of this school district as follows: 1) Board members are specifically authorized to attend such functions without specific prior approval or action by the Board of Education, unless otherwise so determined, and the school district shall pay the registration costs, tuition costs, fees or charges for such functions, along with actual travel expenses, if travel is by commercial of charter means. If a personal automobile is used, mileage shall be allowed at the rate provided by law, with meals and lodging to be reimbursed upon substantiated costs actually incurred. 2) Employees and volunteers are authorized to attend functions upon prior approval by the superintendent or the superintendent's designee, and the school district shall pay only those registration costs, tuition costs, fees, or charges for such functions approved in advance, along with actual travel expenses, if travel is by commercial or charter means. If a personal automobile is used, mileage shall be allowed at the rate provided by law, with meals and lodging to be reimbursed upon substantiated costs actually incurred. 3) Payment or reimbursement for expenses incurred by board members, employees, or volunteers as otherwise specifically permitted by law shall be allowed as provided by such law. 4) Since it is hereby determined to be important and in the best interest of this school district to recognize service by board members, employees, and volunteers, the Board of Education hereby authorizes the President, Superintendent, or the Superintendent's designee to determine when and to whom plaques, certificates of achievement, flowers, food, or other items of value should be granted to board members, employees, or volunteers, provided that no such plaque, certificate, flowers or other items of value to be awarded shall cost more than $50.00 per individual on each occurrence. 5) Board of Education members are not paid members and when appropriate because of the timing, length, or other factors, sandwiches, desserts or meals may be provided to board members, employees, and volunteers attending public meetings or in other appropriate or necessary situations such as joint meetings with other governing bodies, board committee meetings, citizen committee meetings provided for by the Board of Education or other educational meetings. 6) Non-alcoholic beverages, cookies, or other similar items may be provided to individuals attending public meetings, private meetings, discussions, or public or private conferences as determined necessary or appropriate by the President, the Superintendent or the Superintendent's designee to be in the best interest of this school district.Page 20 of 354 7) One recognition dinner each fiscal year may be held for board members, employees, or volunteers, provided the maximum cost per person, which is hereby established for such dinner, shall not exceed $25.00 per person, and further provided that such annual dinner may be held separately for employees of each department or separately for volunteers or any one of them in combination. 8) The Board of Education shall allow the donation of items of value from student clubs, groups, or organizations who have raised a balance of funds from donations, work sessions or individual contributions to any community group or school function which is for the betterment of the members thereof. 9) Nothing in this policy shall authorize the expenditure of public funds for any alcoholic beverage or tobacco products. 10) Nothing in this policy shall authorize the expenditure of public funds to pay for any expenses incurred by a spouse of a board member, employee, of volunteer, unless such a spouse is a board member, employee, or volunteer of the district.The governing board of the school district may provide its members with hospitalization, medical, surgical, accident, sickness, or term life insurance coverage or any one or more of such coverages.Expenses shall be submitted in writing to the office within 30 days. No expenses shall be paid after the fiscal year has ended, provided it is longer than 30 days.205.2 Membership in State and National AssociationsIt shall be the policy of the Pleasanton Board of Education to maintain membership in the Nebraska Association of School Boards, and any other local, state, or national organization deemed appropriate by the Board of Education205.3 Fund Balance ReportingFund balance classification shall be recorded in accordance with governmental accounting standards as promulgated by the Governmental Accounting Standards Board (GASB), including GASB #54.The order of spending and availability of the fund balance shall be to reduce funds from the listed areas in the following order: restricted, committed, assigned, and unassigned. Negative amounts shall not be reported for restricted, committed, or assigned funds.Fund Balance shall mean the gross difference between governmental fund assets and liabilities reflected on the balance sheet. Governmental fund assets are those of the General Fund, Special Revenue Funds, Debt Service Funds, and Capital Project Funds.The fund balance of the general fund finances most functions in the District. The fund balance of the general fund shall mean the gross difference between general fund assets and liabilities reflected on the balance sheet.Page 21 of 354 The five classifications of governmental fund balances are as follows:1. Non-spendable fund balance means the portion of the gross fund balance that is not expendable (such as inventories) or is legally earmarked for a specific use (such as the self-funded reserves program).Examples of non-spendable fund balance reserves for which fund balance shall not be available for financing general operating expenditures include: inventories, prepaid items, deferred expenditures, long-term receivables, and outstanding encumbrances.2. Restricted fund balance includes amounts constrained to a specific purpose by the provider, such as a grantor. Examples of restricted fund balances include: child nutrition programs, technology programs, construction programs, and resources from other granting agencies.3. Committed fund balance means that portion of the fund balance that is constrained to a specific purpose by the Board. Examples include: potential litigation, claims, and judgments and activity funds.4. Assigned fund balance means that portion of the fund balance that is spendable or available for appropriation but has been tentatively earmarked for some specific purpose by the Superintendent or designee. Such plans or intent may change and may never be budgeted, or may result in expenditures in future periods of time. Examples include: insurance deductibles program start-up costs; and other legal uses.5. Unassigned fund balance includes amounts available for any legal purpose. This portion of the total fund balance in the general fund is available to finance operating expenditures.The unassigned fund balance shall be the difference between the total fund balance and the total of the non-spendable fund balance, restricted fund balance, committed fund balance, and assigned fund balance.Date of Adoption: 8/12/13Page 22 of 354 301 SUPERINTENDENT OF SCHOOLS301.1 QualificationsThe superintendent of an accredited school must hold a Professional Administrative and Supervisory Certificate with an endorsement for superintendent. For various requirements for this certificate, consult NDE-Rule 21-Issuance of Certificates.An emergency Administrative and Supervisory Certificate may be issued to fill an emergency superintendency vacancy. Information may be found in the "Rules for Issuance of Certificate and Permits to Teach, Counsel Supervise and Administer in Nebraska Schools." NDE Rule 21. This is a State Board Policy.Other qualifications may apply as required by the Pleasanton Board of Education. These qualifications must be in addition to those required for certification.301.2 Superintendent Compensation Guides and ContractsAn employment contract for an administrator must be in writing on a form recommended by the Department of Education. The contract must be approved by a majority of the school board and signed by a designated member of the Board. A contract to be terminated must also be approved by a majority vote of the Board.All contracts for employment of an administrator must contain provisions stating that 1) The employed person will hold a valid certificate at the beginning of the school year; 2) The employed is not under contract to another district in this state; and 3) That there shall be no penalty for release from the contract.Administrators may be hired under a contract for no longer than 3 years by a majority vote of the school board.301.3 FunctionsThe Superintendent is the chief executive officer for the board and the administrative head of all divisions and departments of the school system. It is his duty to administer the policies of the Board and provide leadership for the entire school system. The superintendent is the professional consultant to the Board, and in this capacity makes recommendations to the Board for changes in Board policies and the educational program.The duties of the Superintendent are not limited to those listed, and can be broadened, as the Board shall determine necessary.Performance of this job will be evaluated annually in accordance with provisions of the Board's policy on Evaluation of Administrative Personnel. The evaluation is to be completed by the Page 23 of 354 regular board meeting in December of each year. The evaluation instrument is to be given to the board in November and returned for the December meeting.301.3a Duties of the Superintendent of S c h o o l s A t t a c h m e n t BA. The Superintendent shall attend all meetings of the Board and such meetings of the B o a r d committees as the Superintendent may deem desirable, except when the S u p e r i n t e n d e n t ' s own efficiency or salary is under c o n s i d e r a t i o n .B. The Superintendent shall enforce the policies and regulations of the Board of E d u c a t i o n , submit for adoption by the Board of Education the annual school calendar, p r e s e n t r e c o m m e n d a t i o n s for Board policy, make a continuous study of the development and n e e d s of the schools, and prepare reports to the Board of Education on the condition a n d development of the schools. The S u p e r i n t e n d e n t shall also acquaint the public with t h e activities and needs of the s c h o o l s .C. The Superintendent shall recommend to the Board of Education for appointment all p e r s o n n e l including those required for teaching, supervision, clerical work, maintenance of b u i l d i n g s , custodial service, or any other type of service w h i c h may be necessary for the o p e r a t i o n of the s c h o o l s .D. The Superintendent shall be responsible for the assignment, alteration of a s s i g n m e n t , suspension, and recommendation for promotion or dismissal of any employee of the Board o f Education except with regard to the S u p e r i n t e n d e n c y .E. The Superintendent shall be responsible for the conduct of the instructional program and shall provide courses of study, textbooks, supplies, and supervision for the i n s t r u c t i o n a l p r o g r a m .F. The S u p e r i n t e n d e n t shall have the right to consolidate classes, assign pupils to classes, a n d may suspend or expel students from school in accordance with Board P o l i c i e s , Administrative Regulations and L a w .G. The S u p e r i n t e n d e n t shall be responsible for the development, maintenance, and operation o f a constructive program of staff development for all employees of the school system, and f o r this service the S u p e r i n t e n d e n t shall have power under budget control to employ l e c t u r e r s , grant temporary leaves from work, and develop professional library facilities as r e q u i r e d .H. The Superintendent shall maintain a continuous study of the problems c o n f r o n t in g t h e schools, evaluate the quality and efficiency of all departments, and report in writing to t h e Board of Education findings and r e c o m m e n d a t i o n s as r e q u e s t e d .I . The Superintendent shall have the responsibility o f the formation o f school policies, plans and programs, and by the preparation and presentation of facts, explanations, Page 24 of 354 and recommendations the Superintendent shall assist the Board of Education in its duties o f legislation and policy making for the s c h o o l s .J. In order to expedite the work of the schools, the Superintendent shall issue such administrative manuals or booklets of instruction as the Superintendent may deem necessary for the effective administration of the schools. These manuals shall be distributed to the employees directly concerned. Insofar as the provisions of such manuals are not in violation of the policies and regulations or the officially adopted practices and procedures of the Board or State statutes, these shall be binding upon all employees, students, and building users.K. The S u p e r i n t e n d e n t shall have power to form advisory committees or councils, i n c l u d i n g members who are not employees of the Board of Education, to advise the Superintendent in formulating policies and plans for carrying on the work of the schools. The work of s u c h committees shall be advisory only and without expense to the School D i s t r i c t .L . The Superintendent of Schools may delegate duties or work to subordinate officers o r employees as required for the effective administration o f the school system except in s u c h matters as when the statutes or resolutions of the Board of Education prohibit the d e l e g a t i o n of such authority. Work completed upon delegation of the Superintendent, and in a c c o r d a n c e with the Superintendent's directions, shall be deemed as having been done by t h e Superintendent of S c h o o l s .M. All reports or recommendations to the Board from any officer or employee under t h e d i r e c t i o n otherwise directed by the Board of E d u c a t i o n .N. The Superintendent shall propose an annual budget and present it to the Board of Education for their acceptance and/or revision. After the annual budget meeting and adoption of the budget by the Board, he shall administer the budget.O. The Superintendent shall represent the Pleasanton Public School District before the public and strive to maintain a program of public information, which will foster understanding of the school and cooperation between the public and the school.P. The Superintendent is expected to be a student of educational theory and practice and acquaint himself with progress and innovations in instruction and learning. He shall attend area and state conferences as approved by the Board of Education.Q. The Superintendent shall make recommendations with reference to the size and additions to existing sites; the location and size of new buildings; the plans for additions, renovations and alterations of buildings and equipment of the district.Page 25 of 354 R. The Superintendent shall maintain adequate records for the school, including a system of financial accounts; business and property records; and personnel, etc. as required by state statute.S. The Superintendent shall make recommendations to the Board concerning the transportation of pupils. He shall be responsible for the custodial and maintenance operations of the school.T. The Superintendent may delegate to principals and other employees of the district, duties or responsibilities required for the effective administration of the school system except in such matters as when the statutes or resolutions of the Board of Education prohibit the delegation of such authority or responsibility. U. The job description for the Superintendent will be reviewed from time to time by the Board o f E d u c a t i o n .Page 26 of 354 302 PRINCIPALS302.1 Building PrincipalsThe Pleasanton Public School may employ a Junior-Senior High School Principal, or have the superintendent assume that position.The Principal shall have at least three years of teaching experience.Experience as a principal, assistant principal, or a supervisory position is desirable.The principal shall hold either a valid Nebraska Administration and Supervisory Certificate or a Nebraska Professional Administrative and Supervisory Certificate. The board may also hire an elementary principal, or have the superintendent assume that position.302.1a Evaluation of Principals and Other Certificated Administrative Personnel1. ObjectivesThe Board recognizes that the roles of a school superintendent, principal, assistant principal, and other certificated personnel of the School District (hereinafter collectively referred to as “Administrators”) are varied and complex requiring an appraisal of process that accurately measures performance and provides support for the continued growth and improvement of the Administrator. The general job description and an evaluation instrument with performance standards for each administrative position shall be promulgated under the direction of the Superintendent of Schools and approved by the Board of Education, and provided to the affected administrator. The appraisal process for each Administrator and administrative position shall serve these purposes: a. To raise the quality of administration and educational service to the children of our community. b. Clarify for the Administrator their respective role in the school system as seen by the Board. c. Clarify for all Board members the role of the administration and the immediate priorities among each Administrator’s responsibilities. d. Develop harmonious working relationships between the Board and administrative supervisors and each Administrator. e. Aid the individual Administrator to grow professionally.The evaluation of administrative performance is intended to be a cooperative and continuing process designed to improve the quality of the educational program. Page 27 of 354 2. General ProceduresThe formal Administrator appraisal is based primarily upon the procedures and processes defined below. The procedures provide for a consistent and equitable appraisal of important aspects of the Administrator’s duties and responsibilities. They do not, however, specifically include the total range of expectations of the effective performance of the administrative duties of each administrative position or the Administrator assigned to such position. As a result, additional data and information related to the respective administrative role may be utilized to generate a comprehensive appraisal.3. Appraisal CycleProbationary Administrators shall be observed and evaluated at least once each semester, except the Superintendent, who shall be observed and evaluated by the Board of Education once each semester in the first contract year of employment, and once per year each contract year thereafter. Permanent (tenured) Administrators shall be evaluated at least once each school year. Observations and evaluations of greater frequency or number than required may be conducted and made at the request of the Administrator or in the discretion of the appraisal.The appraisal cycle and appraisal process for a permanent administrator is intended for the direction of the responsible appraiser. A failure to complete evaluations within the designated cycle or in the manner directed by this policy shall not give the permanent Administrator rights, but may be addressed in evaluating the responsible appraiser’s performance. The entire instructional period for administrators cannot be defined in terms of an instructional period and shall be satisfied by the actual observation of an administrator's work for no less than fifty (50) minutes during the periods being evaluated.4. Appraisal ProcessThe appraisal process is the responsibility of the Administrator and the Administrator’s immediate supervisor as determined by the Board of Education and/or the Superintendent of Schools, provided the supervisor of the Superintendent of schools shall be the Board of Education. In the event the responsible appraiser has not initiated the appraisal process within the time or in the manner required, the Principal has the responsibility to timely notify the responsible appraiser.Performance standard categories set forth in the evaluation instrument for each administrative position, as adopted and amended from time-to-time, shall serve as the basis for the informal job- target-based formative appraisal and the formal summative appraisal. During the formal summative appraisal, data is collected as required to provide a basis for appraising the performance categories. The data will relate to each indicator identified in the performance standard category. Data collection may include, but is not limited to, surveys (formal or informal information gathering from staff, students, parents, community members, and other administrators), statistics received by routine reports; statistics generated by reports specifically designed for the appraisal; review of sample written materials of the Administrator (such as forPage 28 of 354 example a Principal’s evaluations of teachers) and observations of performance. The Administrator may be assigned responsibility to assist with data collection and shall have the duty to provide such assistance as is requested.The collected data along with the professional opinions of the responsible appraiser shall serve as the basis for the final appraisal report. In addition to the final report, each Administrator will receive or may request a detailed version of the data results as related to each performance standard and indicator. This review will include the appraiser’s perceptions of whether or not the given expectation indicator was met.5. Final Formal Summative EvaluationThe appraisal process culminates in a final formal summative evaluation. The final formal summative evaluation consists of a rating of each performance category identified in the evaluation instrument, identification of whether the Administrator’s performance meets or does not meet district standards of performance, a list of deficiencies in the Administrator’s performance, suggestions and plans for improvement to assist the Administrator in overcoming such deficiencies, and follow-up evaluations as appropriate in order to correct performance below district standards. As a professional, the Administrator may be assigned responsibility to provide suggestions for improvement plans or similar job growth strategies and shall have the duty of complying with such requests. Further, in the event improvement plans or other similar performance measures are implemented, the Administrator shall have the duty to comply with such plans. The Administrator is expected to be cooperative, professional, and to exhibit a willingness to improve performance and to accept the constructive criticisms and suggestions of the appraiser.See: Evaluation instruments for each administrative position.Date of Adoption: January 2012302.2 AppointmentsThe Principal shall be selected by the Superintendent, and then presented to the Board of Education for their approval.302.3 Functions 2.0 RESPONSIBILITIES AND AUTHORITY2.1 The Principal is directly responsible to the Superintendent for all aspects of the management of the School as assigned, and for any general school assignments as delegated by the Superintendent.Page 29 of 354 2.2 The Principal is the immediate supervisor of all professional and support staff members.3.0 DUTIES OF THE PRINCIPAL3.1 Attend all Board of Education meetings unless excused by the Superintendent.3.2 Participate as a member of the administrative team, with involvement in matters including, but not limited to:3.21 Evaluation of the curriculum, 3.22 Supervision of buildings and grounds maintenance, 3.23 Creation (& updating) of job descriptions for all positions, 3.24 Analysis of achievement test data, 3.25 Supervision of co-curricular activities.3.3 Maintain records, issue reports, send communications, write documents including the following:3.31 Class enrollment; 3.32 Class schedule; 3.33 Student records: grades, attendance, test data, health, discipline, accident, and cumulative files; 3.34 Curriculum handbook - teacher handbook, student handbook; 3.35 Semester and yearly plans; 3.36 Evaluations data, staff evaluations, personal improvement plans; 3.37 Weekly/monthly bulletins to parents; 3.38 Daily bulletins to students and teacher3.4 Conduct teacher performance appraisal per policy3.5 Secure substitutes for staff who are absent4.0 ORGANIZATIONAL EXPECTATIONS AND PERFORMANCE STANDARDS4.1 Leadership and management;4.11 Establishes clear and appropriate professional and personal goals, 4.12 Demonstrates initiative and alternative approaches to problem solving, 4.13 Exhibits competence in planning and organizing, 4.14 Is effective in implementation and follow-through. 4.15 Provides for effective motivational techniques, 4.16 Delegates authority appropriately and effectively;4.2 Communication:Page 30 of 354 4.21 Encourages and initiates communication in problem solving, 4.22 Communicates clearly and thoroughly, both verbally and in writing, 4.23 Shows communicative adaptability to pupils, staff, parents, and public;4.3 Decision making:4.31 Involves those to be affected in the decision-making process, 4.32 Collects adequate information before making decisions, 4.33 Uses reliable sources of information, 4.34 Does not delay important decisions nor allow pressure to cause hasty decisions,4.4 Responsiveness to others:4.41 Exhibits openness and humaneness in dealing with others, 4.42 reacts to mistakes with patience, 4.43 Counsels individuals in private, 4.44 friendly and open-minded in meeting situations, 4.45 Steady and even-tempered when faced with criticism, 4.46 Cooperates well with colleagues, 4.47 recognized achievements of students and staff, 4.48 Is an active listener;4.5 Development and maintenance of effective educational conditions:4.51 Requires school programs to reflect sound, research-based practices consistent with adopted instructional programs and philosophy, 4.52 Develops and executes plans to monitor and evaluate the effectiveness of programs and the accomplishment of organizational goals, 4.53 Encourages enthusiasm for learning and teaching, 4.54 Provides for a cooperative feeling among students and staff; 4.6 Contribution to district cohesiveness:4.61 Provides effective interpretation and implementation of Board policies and administrative regulations and assumes initiative for suggesting necessary or desirable changes, 4.62 Contributes to the development of sound administrative consensus and supports the implementation of such consensus, 4.63 Expresses concerns regarding individual administrative decisions directly to the person responsible, 4.64 Shares with colleagues’ current literature and research, helpful ideas, highlights of meetings attended, 4.65 Is prompt in providing support necessary to the completion of others tasks, 4.66 Recognizes and contributes to organizational goals;4.7 Staff development and professional growth:Page 31 of 354 4.71 Establishes clear performance expectations 4.72 Assists staff members in setting and reaching goals 4.73 Uses the evaluation program effectively 4.74 Observes in classrooms on a regular basis, 4.75 Identifies areas of strength as well as areas of deficiency, 4.76 Encourages the professional growth of all staff;4.8 Professional knowledge:4.81 Exhibits awareness of sound educational practice, 4.82 Shows alertness to new knowledge that might benefit students or staff, 4.83 Keeps current with educational literature and research, 4.84 Participates in professional organizations and activities;4.9 Pupil personnel:4.91 Maintains positive school climate, 4.92 Exhibits concern for individual pupils' welfare, 4.93 Encourages appropriate activities to help pupils develop self-discipline and leadership skills, 4.94 Effectively handles student disciplinary problems4.10 Community relations:4.101 Exhibits awareness of the main concerns of the school community, 4.102 Is sensitive to the educational goals and special needs of the community and its component groups, 4.103 Establishes avenues for dialog between school and community5.0 CONDITIONS OF EMPLOYMENT5.1 The contract period shall be from August 1 through June 30 (200 days)5.2 Sick and personal leave provisions shall be the same as those set for teachers.5.3 Professional leave shall be arranged with the Superintendent.5.4 The salary shall be set by the Board of Education.5.5 Insurance and other benefits shall be those agreed upon in the contract.6.0 EVALUATION6.1 The Superintendent shall formally evaluate the Principal each year.Page 32 of 354 6.2 The Superintendent will provide suggestions and reinforcement to the Principal when appropriate.6.3 The Principal may use feedback from teachers, self-evaluation, or any other types of formal or informal evaluation that will aid in improved performance in this position.Page 33 of 354 400 STAFF PERSONNEL400.1 Equal Opportunity EmploymentIt is the policy of Pleasanton Public Schools to employ the best qualified applicant for each position without regard to sex, disability, race, color, religion, veteran status, national or ethnic origin, marital status, pregnancy, childbirth or related medical condition, or other protected status, and to not fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's sex, disability, race, color, religion, veteran status, national or ethnic origin, marital status, pregnancy, childbirth or related medical condition, or other protected status.There shall be no discrimination by school officials against any employee because of membership or activity in an employee organization or because of protected free speech activities.Updated: August 2015400.2 Notice of NondiscriminationThe Pleasanton Public School District does not discriminate on the basis of sex, disability, race, color, religion, veteran status, national or ethnic origin, marital status, pregnancy, childbirth or related medical condition, or other protected status in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following persons have been designated to handle inquiries regarding the non-discrimination policies: Students: Ricci Westland Principal PO Box 190 Pleasanton NE 68866 (308) 388-2041 <[email protected]> Employees and Others: Ron Wymore Superintendent, PO Box 190 Pleasanton NE 68866 308-388-2041 [email protected] Complaints or concerns involving discrimination or needs for accommodation or access should be addressed to the appropriate Coordinator. For further information about anti-discrimination laws and regulations, or to file a complaint of discrimination with the Office for Civil Rights in the U.S. Department of Education (OCR), please contact the OCR at 601 East 12th Street, Room 353, Kansas City, MO 64106, (800) 368-1019 (voice), Fax (816) 426-3686, (800) 537-7697 (telecommunications device for the deaf), or [email protected].Updated: August 2015Page 34 of 354 401 CERTIFIED PERSONNEL SELECTION401.1 RecruitmentWhen a vacancy exists on the teaching staff of the Pleasanton Public School, the board of education/superintendent shall advertise through whatever means necessary to recruit the best possible candidates.401.2 QualificationsAll teachers who teach in the Pleasanton Public School shall hold a valid Nebraska certificate or permit issued by the State Board of Education, endorsed in the appropriate subject areas and/or grades taught.The superintendent must sign the teacher’s certificate before a teacher can be paid.401.3 PROFESSIONAL GROWTH POLICYThe Pleasanton Board of Education realizes that professional growth for every staff member is both necessary and beneficial. In accordance with LB 79-830, the Pleasanton Board of Education has adopted this policy to adhere to said statute and the Teacher Tenure Requirements of the State of Nebraska. This policy will be in effect until revised by the Pleasanton Board of Education.All certified personnel will be required to meet state statutes in regard to professional growth for continued emplyment. The individual could have their contract teriminated for not showing evidence of professional growth as required by state law.The Professional Growth requirements stipulate that 30 points must be acquired at the end of each 6-year period which begins after the probationary period is served. Six hours of college credit automatically meets the requirement for professional growth. The same six hours might not meet "Horizontal Advancement " requirements for salary purposes. All growth points, other than college credit, should relate closely to the staff members major assignments unless approved by the superintendent.Points may be given in the following categories and all maximums are a 6-year total and not an annual total:01) College classes/workshops for college credit (5 points per hour of credit earned – 2 points for audited courses)02) Attendance at workshops/clinics (1/2 point for each actual hour spent with 10 point limit)03) Attendance at inservice of academic nature (1/2 point for each actual hour spent with 10 point limit)Page 35 of 354 (Must be outside school and not school mandated)04) Student teacher supervisor (5 points with 10 point maximum)05) UNK 390 class supervision of student teacher (2 points with 4 point maximum)06) Teacher Mentor Program (5 points per assignment with 10 point maximum)07) National/State Convention (2 points per convention with10 points maximum)08) Teaching night classes, university or college classes, workshops or inservices (1 point for each hour spent teaching in the classroom with 15 point maximum)09) Office holder in PEA or on professional committee (1 assignment per year/2 points per assignment/10 point maximum)10) Professional Publications (5 points per publication with a maximum of 10 points)11) Professional speaking engagements, programs, presentations, etc (1 point for each engagement with a maximum of 10 points)12) School visitations (5 points per visit/10 point maximum)13) Serving on Pleasanton School District Committees (1 assignment per year/2 points per assignment/10 points maximum)14) Serving on Department of Education External Visitation Team (1 assignment per year/5 points per assignment/10 point maximum)15) Professional awards in teacher's field (Negotiable with Superintendent with point range of 2-10 points)16) Educational travel – must be with specific itenerary. It should have direct application to the teacher’s classroom assignments and should be planned as educational travel. (5 points per travel with a maximum of 10 points)17) Innovative projects/activities (Negotiable with Superintendent with point range of 2-10 points)Other Regulations:Page 36 of 354 Activities worthy of professional growth not mentioned above may be submitted in writing to the Superintendent of Schools for consideration of points except for sponsorships of school groups.A. Maximums may be waived by the Superintendent for special circumstances upon request by the teacher.B. Carryover points may be discussed with the Superintendent if emergency situations dictate.C. All recordkeeping will be the responsibility of each teacher and the approved request and completion form shall be submitted to the Superintendent prior to each activity, with the exception of college courses, which may be completed after the fact. When the activity is completed, the teacher shall present the form again to the Superintendent for final approval and filing. Should a teacher fail to submit the proper paperwork, the activity will not count toward professional growth.All of the requirements in A-B-C will be presented to the Superintendent who has the option of involving a Professional Growth Committee consisting of one Elementary Teacher and one Secondary Teacher. Revised: December 2010 Legal Reference: LB 79-830Page 37 of 354 402 CERTIFIED PERSONNEL EMPLOYEES402.1 Original ContractsThe school board has the authority to hire teachers. An employee contract for a teacher must be in writing on a form recommended by the Department of Education. The contract must be approved by a majority of the members of he school board and signed by a designated member of the school board. Nepotism is regulated by statute. All contracts for employment of a teacher or administrator must contain provisions stating that: 1) The employed person will hold a valid certificate at the beginning of the school year; 2) The employed is not under contract to another district in this state; and 3) That there shall be no penalty for release from the contract.402.2 Continuing ContractsAccording to State law contracts of teachers and principals are continuing contracts.402.3 Assignment and TransferIt is the duty of the Superintendent and/or Principal to assign and/or transfer staff members to positions they feel are in the best interest of the district.402.4 Salary ScheduleA salary schedule shall be developed and adopted each year.402.5 Extra DutiesIt shall be the duty of the Superintendent and/or Principal to submit names of candidates to supervise the extra duties of the school to the board of education.The Superintendent or Principal may assign extra duties as needed to assure activities are sponsored.402.6 InsuranceInsurance to be provided as per negotiated agreement with the teacher association, or on an individual basis for those not covered by the negotiated agreement.402.7 AnnuitiesAnnuities to be provided as per negotiated agreement with the teacher association, or on an individual basis for those not covered by the negotiated agreement.Page 38 of 354 402.8 Vacation DaysVacation days will be set along with the school calendar under the direction of the superintendent and principal, and approved by the board of education.402.9 Teacher EvaluationThe instrument used for evaluation of the staff shall be developed by the administration and school board. The instrument for teacher evaluation must be approved by the Nebraska Department of Education.Page 39 of 354 TEACHER EVALUATION POLICYPurpose:The primary purpose of the teacher evaluation shall be to improve the quality of instruction. In cases where teacher performance on specified criteria is unsatisfactory; evaluation information may be used for termination.Evaluators: Designated personnel holding a Nebraska Administrative Certificate shall participate in the evaluation process. The district shall approve administrators’ requests to attend workshops, seminars, etc., that center on teacher evaluation that will enhance administrator’s professional growth in this area. Administrators shall also meet to discuss evaluation techniques within the school system as an ongoing part of evaluations. The evaluation tool will be changed when necessary to meet new requirements and techniques.Teacher Evaluation Timetable:August: Present written evaluation procedures to all teaching personnel.1st Semester: Teacher observations and conferences held for all probationary teachers, and others designated by policy.January: First evaluation report of staff completed.2nd Semester: Teacher observations and conferences held for all probationary and tenured teachers.March/April: Evaluation report of all staff.April: Recommend teachers for continued employment or separation.Definition of Terms:Probationary teachers are those who have served fewer than three, full time, successive years. Permanent teachers are those who have served more than three, full time, successive years.Procedures:Purpose1. To improve the quality of instruction provided to students served by the school district. 2. To aid the continual professional growth of teachers. 3. To evaluate each teacher's performance using predetermined criteria.Page 40 of 354 The emphasis of this evaluation plan is on improving instruction by assisting the professional growth of teachers. To do this, evaluators have been trained in evaluation techniques. Components of the process include classroom observation, post-conferences, and periodic evaluation report conferences (at least once each semester for probationary teachers and at least once a year for permanent teachers).Classroom Observation:Each probationary teacher will be observed at least, but not limited to, once each semester. Each permanent teacher will be observed at least, but not limited to, once each year. The supervisor will perform additional observations when aid in improving instruction is needed. Teachers should feel free to request observations and a post-conference.The observation will include a pre-observation conference when necessary, the actual observation and a post-conference.The classroom observation shall last an entire instructional period. In cases where the class is not scheduled into specific periods, the observation shall last at least, but not limited to a minimum of 50 minutes.When appropriate, supervisors will use clinical supervision techniques as they observe. This means they will take notes on what is said and done in the classroom. Information from the notes will be used in the post-conference with the teacher.A post-conference/summary will be held (shared) as soon after the observation as possible. At this time, the supervisor will share with the teacher both strengths of the lesson and areas for future growth. If deficiencies are found, suggestions for improvements will be given along with the opportunity to attend conferences/workshops to correct the deficiencies. All deficiencies, when noted, will have a timeline for the teacher to implement the suggested improvements. The notes taken during the observation are used to give specific examples. A teacher may forego the conference by signing off on the classroom conference sheet and/or the evaluation sheet after the administrator has written the forms.A "Classroom Observation Conference Summary" form is prepared by the supervisor, signed by the teacher and supervisor, and placed in the teacher's personnel file. A copy is given to the teacher. Additional teacher comments may be written and attached to this form within 7 days.When needed, future conferences are scheduled. Drop-in visits may also occur depending on individual situations.Teacher Evaluation Report:The teacher evaluation report will reflect an overall picture of the teacher's performance. Classroom observation, and ongoing contacts with the teacher will form the basis for this report.The three criteria reflected on the formative evaluation form are: Page 41 of 354 1) Lesson Planning (Desired Outcomes/Objectives, Assessment and Evaluation, Instructional Planning and Materials/Resources); 2) Instructional Delivery (Instruction and Classroom Management); and 3) Teaching Dispositions (Collaboration, Reflection, and Responsibility)PLEASANTON PUBLIC SCHOOL TEACHER SUMMATIVE EVALUATION INSTRUMENTSTANDARDS OF PERFORMANCESTANDARD #1: FOUNDATIONAL KNOWLEDGE - The teacher demonstrates a comprehensive knowledge of content, pedagogy, students, and standards needed to provide each student with effective opportunities for learning, development, and achievement.STANDARD #2: PLANNING AND PREPARATION - The teacher integrates knowledge of content, pedagogy, students, and standards with the established curriculum to set high expectations and develop rigorous instruction for each student that supports the growth of student learning, development, and achievement.STANDARD #3: THE LEARNING ENVIRONMENT - The teacher creates and maintains a learning environment that fosters positive relationships and promotes active student engagement in learning, development, and achievement.STANDARD #4: INSTRUCTIONAL STRATEGIES - The teacher uses effective instructional strategies to ensure growth in student achievement.STANDARD #5: ASSESSMENT - The teacher systematically uses multiple methods of formative and summative assessment to measure student progress and to inform ongoing planning, instruction, and reporting.STANDARD #6: PROFESSIONALISM - The teacher acts as an ethical and responsible member of the professional community.STANDARD #7: VISION AND COLLABORATION - The teacher contributes to and promotes the vision of the school and collaborates with students, families, colleagues, and the larger community to share responsibility for the growth of student learning, development, and achievement.Page 42 of 354 402.10 Physical ExaminationPhysical examination of the staff shall be up to the discretion of the board of education.402.11 Communication, Complaints and GrievancesA. Grievances from employees associated with the Pleasanton Education Association shall be initiated in the following manner.1. If the employee has a grievance, he/she should first discuss the matter with the principal in an effort to solve the problem.2. If the employee is not satisfied with the disposition of the grievance, he/she may take it to the Association Representative Committee for discussion, solution or further disposition. At this level maximum effort should be made to solve the problem.3. If the Association Representative Committee feels that the grievance warrants further consideration, a request for a hearing with the Superintendent will be made. The Principal has the responsibility for arranging a satisfactory time and place for all persons involved. The hearing with the Superintendent may involve, in addition to the employees, a representative from the Association Committee and the Principal, in an effort to solve the problem.4. If the Superintendent is unable to resolve the problem, or if the employee is not satisfied with the disposition of the problem, he/she may request that the Superintendent refer the matter to the Board of Education and ask for a hearing with the board.5. If the Board of Education determines that the grievance warrants their consideration, a time and place for the hearing will be set. A representative from the Association Committee and the Principal and Superintendent may be invited to participate in the meeting if the Board deems it necessary.6. A hearing is held with the Board of Education. The administration, employee and their representatives may be present. Final disposition of the problem rests with the Board of Education.7. Definition of a grievance: A grievance is a claim by an employee of a violation, a misapplication, or a misinterpretation of the statutes, board policies, rules or regulations, or the contract under which the employee works, specifying in writing that which is claimed to be violated and the specifics of such violation.B. Any employee may at any time appeal to the Board of Education from a decision by the Superintendent of Schools. Employees or groups of employees desiring to address the Board of Education on any matter shall direct their communications to the Secretary, not to individual members, except that copies of any communication may be sent to all members and the superintendent.Page 43 of 354 C. Complaints against any employee which arise from within the membership of the Board of Education or which come to the attention of the Board of Education, except through the Superintendent, shall be referred to the Superintendent for decision. In case either the employee or the complainant is not satisfied with the decision of the Superintendent, either party may take appeal to the President of the Board of Education, and final appeal may ultimately be taken to the Board of Education itself. No complaint shall be considered by the Board of Education in any other manner.402.12 Wage and Deduction InformationWithin ten working days after a written request is made by an employee, the Superintendent or designee shall furnish the employee with an itemized statement listing the wages earned and the deductions made from the employee’s wages for each pay period that earnings and deductions were made. The statement may be in print or electronic format.Legal Reference: Neb. Rev. Stat. § 48-1230 Date of Adoption: June, 2010Page 44 of 354 403 CERTIFIED PERSONNEL TERMINATION403.1 Early Retirement - Deleted 403.2 ResignationFaculty members may be released from their contract with the school district under some circumstances, among them are: a. Suitable replacement can be found b. Endorsements of replacements c. Experience d. Other criteria which may be needed to fill positions403.3 DismissalTo terminate any teacher contract, a majority of the entire school board must vote in favor of the termination.Due process provisions covered in 402-11 and by statute.79-1254.01 through 79-1254.10403.4 Reduction In ForceReduction in Force. A reduction in force of certified staff members may be determined to be appropriate due to declining enrollment in a grade or grades, changes in financial support, changes in curricular programs, a decline in the taxable value of property located within the school district, increased costs of operating the school district, or another change or changes in circumstances. The Board of Education shall, in its sole discretion, determine whether such a change or changes have occurred and whether a reduction of certificated staff is necessary. The superintendent shall notify those certificated employees whose contracts may be reduced. Provided, however, that the employment of a permanent employee may not be terminated through a reduction in force while a probationary employee is retained to render a service which such permanent employee is qualified for by reason of certification and endorsement to perform or where a certification is not applicable, by reason of college credits in the teaching area. Definition of Reduction in Force. A reduction in force shall consist of a reduction of one or more positions or a reduction in the percentage of employment of one or more certificated staff members, even if the number of percentage of employment of the certificated staff overall may be increased by other hiring or increases in the percentage of employment of other employees. Reduction in force may result in the termination of employment or an amendment to an employee's contract reducing the extent of the employee's employment.Administration. Due to the 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 predominantly administrative capacity shall have no rights under this policy to any administrative position within the school system.Page 45 of 354 Criteria. The selection of personnel for reduction in force shall be made with consideration given to the following criteria, which are not listed in any order of importance: (1) Programs to be offered; (2) Areas of certification and endorsement which would be of present or future value to the school district; (3) State and federal regulations which may mandate certain employment practices; (4) Special qualifications acquired by specific training and/or experience; (5) Contributions to district's activity programs; (6) Qualifications based on past performance and competence as determined by the principal, superintendent, and/or other evaluator through employee evaluation procedures; (7) Any other reasons which are rationally related to the instruction in or administration of the school system.Performance Evaluation. For purposes of reduction in force, performance evaluations must have been based upon one classroom observation per year for a minimum of 15 minutes. The evaluation form shall be the document used for the periodic evaluation of teachers' teaching performance.Endorsement. Comparison for this criterion shall be based upon the endorsement(s) as shown on each teacher's Nebraska Teaching Certificate.Special or Advanced Training. Special or advanced training shall mean the college credits or special training in a teaching area or areas under consideration.Contribution to the Activity Programs. Contribution to the activity programs shall mean the employee's involvement in the programs and activities sponsored by the school district.Experience. Experience shall mean actual teaching experience on a full-time equivalency basis in the school district.Other Special or Advanced Training and/or Teaching Endorsements. This criterion shall mean the college credit, other advanced training or endorsements on the Nebraska Teaching Certificate of a teacher in areas other than the specific position(s) under consideration.Use of Evaluations. If employee evaluations are to be used as a criterion in a reduction in force, the comparison of evaluations shall be based on the most recent three years of evaluations. For the purposes of this policy, employees shall be observed and evaluated at least once per year for a minimum of 15 minutes on the forms used for the periodic evaluation of certified staff members (copies attached). If three years of evaluations are not available for an employee, the comparison shall be made on the basis of the evaluations available for that employee.Uninterrupted Service. If, after consideration of the criteria set forth above, it is the opinion of the superintendent that no significant difference exists between or among certificated employees being considered for reduction in force, the employee(s) with the longest uninterrupted service toPage 46 of 354 the district shall be retained. Uninterrupted length of service shall be defined as the number of continuous full-time equivalent years of employment in the district as a teacher. A full-time equivalent year is defined as employment on a full-time basis for an entire school year. Less than full-time employment would reduce the teacher's full time equivalent employment for a school year. For example, a teacher employed on a half-time basis would be credited with half a year of full-time equivalent employment. A break in service will terminate a teacher's seniority and length of service under this provision.That period of time when a teacher is on a leave of absence shall not constitute a break in service; however, any years of absences or fractions of years of leave of absence will not count as years of employment for the purposes of determining the length of a teacher's uninterrupted service.Dismissal With Honor; Right of Recall. Any certificated employee whose contract has been terminated 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 re-employment for a period of 24 months commencing at the end of the contract year, and the employee shall be recalled on the basis of length of service to the school for any position for which he/she is qualified by endorsement or college preparation to teach. Upon re-employment, a recalled employee shall be placed on the salary schedule and provided fringe benefits based on existing district policies and the current negotiated agreement. Any year or years of absence from employment shall not be considered as a year or years of employment by the district. An employee under contract to another educational institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.Filing of Endorsements. It shall be the responsibility of each certificated employee to file with the superintendent of schools a copy of the employee's teaching certificate, including endorsements, upon initial employment with the district. On or before March 15th of each year thereafter, for so long as an employee is employed in the school system or has rights of recall, it shall be the responsibility of the employee to file with the superintendent evidence of any changes in certification or endorsements which have occurred since March 15th of the previous year or are pending.Filing of Change in Address, Offer of Recall. Any certificated employee whose employment contract is terminated as a result of reduction in force shall, during the period which he or she is eligible for recall, report his or her current address to the superintendent of schools and shall inform the superintendent of any changes of address thereafter. If a vacancy in the system occurs for which an employee has right of recall, the offer of such employment may be sent by the superintendent to the employee's last known address. If the school district does not receive written acceptance of such offer from the employee within ten days of mailing, the employee shall be deemed to have waived his or her rights to recall and to said employment position.Adopted 11/11/96Page 47 of 354 404 CERTIFIED PERSONNEL ABSENCE404.1 Personal IllnessPersonal illness is covered in the negotiated agreement with the faculty. Personal illness and injury with full pay according to the agreement is 10 days per year, accumulated to 45 days. Sick leave shall be 50 days if 45 or more days are needed to activate income protection insurance. When a teacher of the teaching staff is absent every effort will be made to employ a substitute teacher for the duration of the absence.If a teacher needs additional days over and above those they have accumulated they will be docked 1/182nd of their salary for each additional day or partial day used (unpaid leave).404.2 Immediate Family IllnessFaculty may be excused for immediate family illness with the same conditions as a personal illness.404.3 FuneralsFaculty members are allowed leave for funerals. In most cases funeral leave is deducted from their three days of personal leave. If they have used their days, excessive days are sometimes deducted from their sick leave. (Close Relative)404.4 Legal BusinessLeave for business comes under personal leave, which is covered, in the negotiated agreement.404.4a Personal LeavePersonal leave is a part of the negotiated agreement with the certified staff. Certified staff are allowed three days personal leave per year with the ability to carry over one day from the previous year (accumulating to 4). (Starting in the 2012-2013 school year)If a certified staff member requests more than the allowed number of days the Superintendent or his/her designee may grant more days due to unforeseen circumstances, if so granted the certified staff member will be docked 1/182nd of their salary for each additional day or partial day used (unpaid leave).The Superintendent or his/her designee may also deny the request for an additional personal day. If the certified staff member chooses to proceed with an additional day they will be docked 1/182nd of their salary and liable for disciplinary action up to and including dismissal or nonrenewal.Page 48 of 354 404.5 Maternity LeaveMaternity leave is covered under our policy on extended leave.404.5a Family and Medical Leave Act PolicyIt shall be the policy of the Pleasanton Public School to grant benefits under the family and Medical Leave Act (hereinafter referred to as FMLA) to employees who are eligible to receive FMLA benefits. In addition to and in accordance with the statutory requirements of the policy, Pleasanton Schools' policy shall include, but not be limited by the following provisions:(1) To be eligible for FMLA leave an employee must have been employed for at least 12 months, and employed for at least 1250 hours during the previous 12 month period. This excludes part time employees.Pleasanton School will utilize the rolling 12-month period to determine an employee's eligibility for FMLA leave. Each time an employee takes FMLA leave, the remaining leave entitlement will be any balance of the 12 weeks which has not been used during the 12-month period immediately preceding the next requested leave. The right to take leave for birth or adoption expires 12 months from the date of the birth or placement of the child.(2) If both spouses are employed by the Pleasanton Public Schools, the aggregate number of workweeks to which they both are entitled will be limited to 12 combined weeks if leave is taken for the birth or adoption of a child/children or to care for a sick parent.(3) Employees are not entitled to take FMLA leave on an intermittent or reduced leave schedule in the case of leaves for births, adoptions, or foster child placement.(4) Any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operating of the employer, subject to the approval of the health care provider of the employee or the health care provider of the family member. Additionally, the employee shall be required to produce medical certification outlining the dates on which treatment is expected and the duration of the treatment. An employee who has requested foreseeable intermittent or reduced schedule leave due to planned medical treatment may be requested to transfer temporarily to an available alternative position if the employee is qualified for the position, if the position will have equivalent pay and benefits, and if (as determined by the employer) the position will better accommodate the recurring periods of leave.(5) An employee who is employed principally in an instructional capacity and seeks leave for planned medical treatment and would be on leave for more that 20% of the total number of working days in the period over which the leave would extend may be required to choose to either take leave for a period of a particular duration not to exceed the duration of the planned medical leave or accept a temporary transfer to an alternative position.Page 49 of 354 (6) Pleasanton Schools may require employees employed principally in an instructional capacity to continue FMLA leave to the end of the academic term and the entire period of leave taken will count as FMLA leave if:(a) The leave begins more than 5 weeks prior to the end of the term, the leave is at least 3 weeks in length, and the employee would return to work during the last 3 weeks of the term; or(b) The employee begins leave for a purpose other than the employee's own serious health condition, the leave begins during the last 5 weeks of the academic term, the leave is at least 2 weeks in length, and the employee would return to work during the last 2 weeks of the term; or(c) The employee begins leave for a purpose other than the employee's own serious health condition, the leave begins during the last 3 weeks of an academic term, and the leave is at least 5 days in length.(7) Employees will be required to substitute applicable accrued paid leave for otherwise unpaid leave covered by FMLA, such leave will be treated as leave within FMLA for purposes of counting the 12 week total. Substitution in this manner would limit the leave to be taken. Example: If an employee had 2 weeks of accrued paid sick leave and requested a 12 week leave to care for his/her newborn child, he could be limited to a total of 12 weeks of leave (2 paid, 10 unpaid) as opposed to a 14 week leave (2 paid, 12 unpaid).In the case of leaves for births or the employee's serious health condition, the following paid leaves will be substituted: Sick leave, family sick leave, personal leave, vacation leave, and holiday leave. In the case of leaves for adoptions or the serious health condition of the employee's son, daughter, parent, or spouse, the following paid leaves will be substituted: family sick leave, adoption leave, personal leave, vacation leave, and holiday leave.Additional unpaid leave following the statutory 12 weeks (whether paid or unpaid) may be granted by administrative discretion.(8) Utilization of FMLA leave will not result in the loss of any employee benefit accrued prior to the leave. Once restored, an employee is not entitled under the Act to accrual of seniority or employment benefits during the leave period, nor to any rights or benefits, which the employee would not have been entitled, had the leave not been taken.(9) If an employee utilizes FMLA leave, Pleasanton Schools will maintain his/her group health plan under the same conditions as if the employee had continued employment during the leave. However, the employee may choose not to continue such group coverage. If the employee does choose to continue coverage and would be required to contribute toward the payment of premiums if leave was not taken, the employee will be required to remit his/her portion of the premium payment by the same date each month as if the premium were being collected through payroll deduction. If the employee fails to make a required premium payment,Page 50 of 354 Pleasanton School may cancel coverage following a 30-day grace period, such cancellation to be effective at the end of the month for which premium was not remitted.(10) Pleasanton School will continue to remit premiums for long-term disability coverage and/or other policies owned by Pleasanton Schools during the period of FMLA leave and may require repayment by the employee upon return to work.404.6 Professional LeaveProfessional leave is covered in the negotiated agreement. Teachers will be allowed unlimited professional leave as approved by the Superintendent.404.7 Jury DutyFaculty members shall be excused for jury duty. Staff members selected for jury duty will have the option of taking their regular salary from the school or the pay for jury duty. Whichever salary not taken shall be paid to the school district.404.8 Military ServiceTo be determined by the board of education on an individual basis.404.9 SabbaticalTo be determined by the board of education on an individual basis404.10 Absence Without Pay Faculty members may be allowed to be absent from school without pay at the discretion of the Board. This shall be decided by the board on an individual basis.Page 51 of 354 405 CERTIFIED PERSONNEL RELATED405.1 School Day for TeachersTeachers will be on duty a minimum of eight hours a day unless excused by the Superintendent. Teachers will have a minimum of one-half hour for lunch.Teachers will be on duty from 8:00 A.M. until 4:00 P.M. unless excused by the Superintendent or Principal.Other duties or assignments may be made by the administration as needed.It is recognized by the Board of Education that teachers have certain inherent responsibilities that fall outside the school day. The administration may assign reasonable related tasks to certified personnel, as the supervisor deems necessary.405.2 TravelAttendance:Coaches, sponsors, teacher aids and teachers may request that the superintendent allow them to attend clinics/workshops, meetings, etc. which require absences from school shall be allowed as professional leave. Staff members are allowed unlimited professional leave as approved by the superintendent.Fees and ExpensesFees and expenses shall be at the discretion of the Superintendent.The district without prior approval of the superintendent will pay no meals or lodging expenses.The district will pay no membership fees to organizations for individual teachers.TransportationFaculty members may use a school vehicle for transportation to and from clinics/workshops, etc., provided one is available. Requests for a school vehicle should be made at least three (3) days in advance.If a school vehicle is not available, sponsors of an activity may be reimbursed mileage at a rate established by the Board of Education each year.Should a coach/sponsor choose to use his/her own vehicle even though a school vehicle is available, no mileage reimbursement will be paid.Page 52 of 354 405.3 Professional OrganizationsThe School District will not pay dues for the teaching staff to any professional, coaching, or activity organization.405.4 Access to BuildingAll faculty members shall have access to the school building so that they may work on class or organizational materials. Other access may be granted by superintendent or board approval.405.5 Public ServiceSchools employees are important citizens of the community and are encouraged to participate in community affairs.405.6 TutoringSchool facilities and equipment may be used for private tutoring with superintendent or board approval.405.7 Privacy of Protection Health InformationThe Health Insurance Portability and Accountability Act of 1996 protects certain health information. Prior to obtaining or releasing employees' protected health information, employees may be requested to sign an authorization for the disclosure of health information. If protected health information is requested from a third party, the School District will ensure that protected health information is released only as allowed by federal and state law.Page 53 of 354 Authorization for Use or Disclosure of Protected Health InformationPatient Name ID Number: I hereby authorize my physician and/or administrative and clinical staff to disclose the following protected health information to an authorized representative of Pleasanton Public Schools: ______(Specifically and meaningfully describe the protected health information to be disclosed, such as date of service, type of service, level of detail to be released, etc.)This protected health information is being used for the following purposes: ______(List specific purposes here. "At the request of the individual" is acceptable if the patient makes the request, and the patient does not want to state a specific purpose.)This authorization shall be in force and effect until ______(Specify either a date or event that related to the patient or the purpose of the use of disclosure) at which time this authorization to use or disclose this protected health information expires.I understand that I have the right to revoke this authorization at any time by sending a written notice to my physician's office.I understand that information used or disclosed pursuant to this authorization may be disclosed by the recipient and may no longer be protected by state or federal law.______Signature of patient or patient's representative Date (Form must be completed before signing)Printed name of patient's representative: ______Relationship to patient: ______Page 54 of 354 406 PART TIME CERTIFIED PERSONNEL406.1 Replacement (Interim) TeachersAfter fifteen continuous days of substitute teaching service for the replacement of a teacher, extended substitute status will be established and the level of compensation will be at a rate equal to a first year instructor.The Board/Administration may deviate from this policy in order to obtain a suitable replacement teacher.406.2 SubstitutesThe Superintendent or Principal shall maintain a list of qualified substitute teachers who may be called on to replace regular teachers who are absent. Teachers whose names appear on the substitute list shall be duly certified by the State of Nebraska and shall have their teaching certificate on file at the district's office.406.3 Student TeachersThe Pleasanton Public School shall make every effort to co-operate with the state colleges and universities in placing teacher candidates within the school.The administration shall determine the teaching areas to be accepted on a year-to-year basis.Page 55 of 354 407 NON-CERTIFIED PERSONNEL SELECTION407.1 Non-Certified PersonnelEach school board is empowered to employ such non-instructional personnel as are necessary to the operation of the school.All personnel employed by the Pleasanton School District who has qualifications established by the State of Nebraska or other licensing organizations shall meet or exceed these conditions for employment. (Example: teacher aid, custodial, school lunch, or school vehicle operation) The Pleasanton Board of Education may determine the employment of employees, which may be in addition to these qualifications.407.2 Recruitment and SelectionThe Superintendent and Principal shall determine recruitment and selection with Board approval.In the absence of the Superintendent and Principal the board shall do the selecting unless they choose to delegate that authority to someone else.407.3 QualificationsA job description for all non-certified positions will be formulated and kept current. Such job description will outline expectations and responsibilities for each position.Page 56 of 354 408 NON-CERTIFIED PERSONNEL EMPLOYMENT408.1 ContractsContracts, when used, will be renewed with non-certified personnel on a yearly basis.408.2 Assignment and TransferOnce the Board of Education has approved the hiring of a non-certified employee, it shall be the job of the superintendent to assign his/her duties.408.3 Salary SchedulesIt is the duty of the board of education to set the salaries of non-certified staff with recommendations from the superintendent.408.4 InsuranceInsurance for non-certified staff shall be set by the board of education on a year-to-year basis.408.5 VacationsVacations shall be approved by the board of education with superintendent recommendations.408.6 EvaluationEvaluations of the non-certified personnel shall be done by the principal and/or superintendent. Recommendations shall then be made to the board if changes are necessary.408.7 Physical ExaminationsPhysical examinations shall be at the discretion of the board of education, except for those required by state law.Page 57 of 354 409 NON-CERTIFIED PERSONNEL TERMINATION409.1 RetirementNon-certified personnel are to be included in the retirement system if they work twenty or more hours a week.409.2 ResignationUpon resignation of a non-certified employee all salary and insurance shall be paid until the day of departure. There shall be no compensation for unused sick leave, vacation time or personal days.409.3 DismissalIf dismissal is necessary a non-certified employee shall be given two weeks notice unless circumstances dictate otherwise.Page 58 of 354 410 NON-CERTIFIED PERSONNEL ABSENCE410.1 Personal IllnessAll full time employees and bus drivers are granted five days for illness per year. Non-certified personnel may not accumulate sick leave.410.2 Immediate Family IllnessImmediate family illness shall be counted the same as personal illness, and shall be deducted from the five days granted non-certified personnel. 410.3 FuneralsAll full time employees and bus drivers are granted two days personal leave per year. Attendance at a funeral shall be deducted from personal leave.Excess personal days may be deducted from sick leave at the discretion of the superintendent.410.4 Legal BusinessShall be treated the same as personal leave. All non-certified personnel (full time and bus drivers) are granted two days per year.410.5 Maternity LeaveAll leave (including maternity) shall be treated the same. A non-certified employee that has sick leave or personal days accumulated within a year may use those days already accumulated. When the employee leaves the employ of the school all salary and fringe benefits shall cease.410.6 Jury DutyAn eligible non-certified employee called for jury duty will have the option of keeping his/her days pay from the school or taking the days pay from the court. Which ever they do not accept will be paid to the school district.410.7 Absence Without Pay At the discretion of the board non-certified employees may be granted leave without pay.Page 59 of 354 411 NON-CERTIFIED PERSONNEL RELATED411.1 OrganizationsAll non-certified personnel are encouraged to belong to their professional organizations. The employee shall pay dues paid to professional organizations by non-certified employees.411.2 Relations to Professional StaffIt is important that the professional and non-professional staff maintain a good relationship. Therefore, it shall be expected of all employees that mutual respect for each others job be of concern, and that faculty and staff will cooperate.411.3 Relations to Pupils and PublicIt is important that non-certified staff maintain a good relationship with the students and the public.Problems relating to the school or students should be brought to the attention of the administration, and not discussed with patrons of the district.Page 60 of 354 412 PART TIME NON-CERTIFIED PERSONNEL412.1 ReplacementsReplacements for non-certified personnel shall be recommended by the superintendent to the board of education for hiring.412.2 SubstitutesThe Superintendent shall select substitutes for short time employment.413.1 - Anti-discrimination, Anti-harassment, and Anti-retaliationA. Elimination of Discrimination.The Pleasanton Public School District hereby gives this statement of compliance and intends to comply with all state and federal laws prohibiting discrimination. This school district intends to take any necessary measures to assure compliance with such laws against any prohibited form of discrimination. The Pleasanton Public School District does not discriminate on the basis of race, color, national origin, sex, disability, religion, age or other protected status in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following persons have been designated to handle inquiries regarding the non-discrimination policies: Students: Ricci Westland, Principal PO Box 190, Pleasanton NE 68866 (308) 388-2041 ([email protected]).Employees and Others: Ron Wymore, Superintendent PO Box 190, Pleasanton, NE 68866 (308) 388-2041 ([email protected]). Complaints or concerns involving discrimination or needs for accommodation or access should be addressed to the appropriate Coordinator. For further information about anti-discrimination laws and regulations, or to file a complaint of discrimination with the Office for Civil Rights in the U.S. Department of Education (OCR), please contact OCR at 8930 Ward Parkway, Suite 2037, Kansas City, Missouri 64114, (816) 268-0550 (voice), or (877) 521-2172 (telecommunications device for the deaf), or [email protected].B. Prohibited Harassment, Discrimination, and Retaliation of Employees, Students and Others.1. Purpose:Page 61 of 354 The Pleasanton School District is committed to offering employment and educational opportunity to its employees and students in a climate free of discrimination. Accordingly, unlawful discrimination, harassment and retaliation of any kind by District employees, including, co-workers, non-employees (such as volunteers), third parties, and others is strictly prohibited and will not be tolerated. Harassment is a form of discrimination and includes verbal, non-verbal, written, graphic, or physical conduct relating to a person's race, color, national origin, religion, disability, age, sex, or other protected category, that is sufficiently serious to deny, interfere with, or limit a person's ability to participate in or benefit from an educational or work program or activity, including, but not limited to: a. Conduct that is sufficiently severe or pervasive to create an intimidating, hostile, or abusive educational or work environment, or b. Requiring an individual to endure the offensive conduct as a condition of continued employment or educational programs or activities, including the receipt of aids, benefits, and services.Educational programs and activities include all academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school's facilities, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere.Discriminatory harassment because of a person's race, color, national origin, religion, disability, age, sex, or other protected category, may include, but is not limited to: a. Name-calling, b. Teasing or taunting, c. Insults, slurs, or derogatory names or remarks, d. Demeaning jokes, e. Inappropriate gestures, f. Graffiti or inappropriate written or electronic material, g. Visual displays, such as cartoons, posters, or electronic images, h. Threats or intimidating or hostile conduct, i. Physical acts of aggression, assault, or violence, or j. Criminal offensesThe following examples are additional or more specific examples of conduct that may constitute sexual harassment: a. Unwelcome sexual advances or propositions, b. Requests or pressure for sexual favors, c. Comments about an individual’s body, sexual activity, or sexual attractiveness, d. Physical contact or touching of a sexual nature, including touching intimate body parts and inappropriate patting, pinching, rubbing, or brushing against another's body, e. Physical sexual acts of aggression, assault, or violence, including criminal offenses (such as rape, sexual assault or battery, and sexually motivatedPage 62 of 354 stalking), against a person’s will or where a person is incapable of giving consent due to the victim’s age, intellectual disability, or use of drugs or alcohol, f. Requiring sexual favors or contact in exchange for aids, benefits, or services, such as grades, awards, privileges, promotions, etc., or g. Gender-based harassment; acts of verbal, nonverbal, written, graphic, or physical conduct based on sex or sex-stereotyping, but not involving conduct of a sexual nature.If the District knows or reasonably should know about possible harassment, including violence, the District will conduct a prompt, adequate, reliable, thorough, and impartial investigation to determine whether unlawful harassment occurred (see section entitled “Grievance Procedures,” below), and take appropriate interim measures, if necessary. If the District determines that unlawful harassment occurred, the District will take prompt and effective action to eliminate the harassment, prevent its recurrence, and remedy its effects, if appropriate. If harassment or violence that occurs off school property creates a hostile environment at school, the District will follow this policy and grievance procedure, within the scope of its authority.All District employees are expected to take prompt and appropriate actions to report and prevent discrimination, harassment, and retaliation by others. Employees who witness or become aware of possible discrimination, including harassment and retaliation, must immediately report the conduct to his or her supervisor or the compliance coordinator designated to handle complaints of discrimination (designated compliance coordinator). 2. Anti-retaliation: The District prohibits retaliation, intimidation, threats, coercion, or discrimination against any person for opposing discrimination, including harassment, or for participating in the District's discrimination complaint process or making a complaint, testifying, assisting, or participating in any manner, in an investigation, proceeding, or hearing. Retaliation is a form of discrimination. The District will take immediate steps to stop retaliation and prevent its recurrence against the alleged victim and any person associated with the alleged victim. These steps will include, but are not limited to, notifying students, employees, and others, that they are protected from retaliation, ensuring that they know how to report future complaints, and initiating follow-up contact with the complainant to determine if any additional acts of discrimination, harassment, or retaliation have occurred. If retaliation occurs, the District will take prompt and strong responsive action, including possible discipline, including expulsion or termination, if applicable. 3. Grievance (or Complaint) Procedures: Employees or students should initially report all instances of discrimination, harassment or retaliation to their immediate supervisor or teacher or to the compliance coordinator designated to handle complaints of discrimination (designated coordinator). If the employee or student is uncomfortable in presenting the problem to the supervisor orPage 63 of 354 teacher, or if the supervisor or teacher is the problem, the employee or student may report the alleged discrimination, harassment or retaliation (“discrimination”) to the designated coordinator, or in the case of students, to another staff person (such as a counselor or principal).Other individuals may report alleged discrimination to the designated coordinator. If the designated coordinator is the person alleged to have committed the discriminatory act, then the complaint should be submitted to the Superintendent for assignment. A discrimination complaint form is attached to this grievance procedure and is available in the office of each District building, on the District's website, and from the designated coordinators.District employees, supervisors and administrators must immediately report any complaints, reports, observations, or other information of alleged discrimination to the designated coordinator, even if that District employee is investigating the alleged discrimination as part of the District's student or employee disciplinary process, and provide the complainant with information for filing a complaint of discrimination, including a complaint form if requested, and contact information for the District's designated coordinator. If the District uses its disciplinary procedures to investigate and resolve an alleged discrimination complaint, those disciplinary procedures will comply with the District's standards for a prompt and equitable grievance procedure outlined in section B.2., below.Under no circumstances will a person filing a complaint or grievance involving discrimination be retaliated against for filing the complaint or grievance. i. Level 1 (Investigation and Findings): Once the District receives a grievance, complaint or report alleging discrimination, harassment, or retaliation, or becomes aware of possible discriminatory conduct, the District will conduct a prompt, adequate, reliable, thorough, and impartial investigation to determine whether unlawful harassment occurred. If necessary, the District will take immediate, interim action or measures to protect the alleged victim and prevent further potential discrimination, harassment, or retaliation during the pending investigation. The alleged victim will be notified of his or her options to avoid contact with the alleged harasser, such as changing a class or prohibiting the alleged harasser from having any contact with the alleged victim pending the result of the District’s investigation. The District will minimize any burden on the alleged victim when taking interim measures to protect the alleged victim.The District will investigate all complaints of discrimination, even if an outside entity or law enforcement agency is investigating a complaint involving the same facts and allegations. The District will not wait for the conclusion or outcome of a criminal investigation or proceeding to begin an investigation required by this grievance procedure. If the allegation(s) involve possible criminal conduct, the District will notify the complainant of his or her right to file a criminal complaint, and District employeesPage 64 of 354 will not dissuade the complainant from filing a criminal complaint either during or after the District’s investigation.The District will complete its investigation within ten (10) working days after receiving a complaint or report, unless extenuating circumstances exist. Extenuating circumstances may include the unavailability of witnesses due to illness or incapacitation, or additional time needed because of the complexity if the investigation, the need for outside experts to evaluate the evidence (such as forensic evidence), or multiple complainants or victims. Extenuating circumstances do not include summer vacation, and if a designated compliance coordinator or investigator is unavailable, another coordinator or trained employee will be designated to conduct the investigation. If extenuating circumstances exist, the extended timeframe to complete the investigation will not exceed ten (10) additional working days without the consent of the complainant. Periodic status updates will be given to the parties, if necessary.The District’s investigation will include, but is not limited to: a. Providing the parties with the opportunity to present witnesses and provide evidence. b. An evaluation of all relevant information and documentation relating to the alleged discriminatory conduct. c. For allegations involving harassment, some of the factors the District will consider include: 1) the nature of the conduct and whether the conduct was unwelcome, 2) the surrounding circumstances, expectations, and relationships, 3) the degree to which the conduct affected one or more students' education, 4) the type, frequency, and duration of the conduct, 5) the identity of and relationship between the alleged harasser and the suspect or suspects of the harassment, 6) the number of individuals involved, 7) the age (and sex, if applicable) of the alleged harasser and the alleged victim(s) of the harassment, 8) the location of the incidents and the context in which they occurred, 9) the totality of the circumstances, and 10) other relevant evidence. d. A review of the evidence using a “preponderance of the evidence” standard (based on the evidence, is it more likely than not that discrimination, harassment, or retaliation occurred?)The designated compliance coordinator (or designated investigator) will complete an investigative report, which will include: a. A summary of the facts, b. An analysis of the appropriate legal standards applied to the specific facts, c. Findings regarding whether discrimination occurred, and d. If a finding is made that discrimination occurred, the recommended remedy or remedies necessary to eliminate discrimination, including harassment and retaliation, prevent its recurrence, and remedy its effects, if applicable. Page 65 of 354 If someone other than the designated compliance coordinator conducted the investigation, the compliance coordinator will review, approve, and sign the investigative report. The District will ensure that prompt, appropriate, and effective remedies are provided if a finding of discrimination, harassment, or retaliation is made (see the Remedies section, below, for additional information about remedies). The District will maintain relevant documentation obtained during the investigation and documentation supportive of the findings and any subsequent determinations, including the investigative report, witness statements, interview summaries, and any transcripts or audio recordings, pertaining to the investigative and appeal proceedings.The District will send concurrently to the parties written notification of the decision (findings and any remedy) regarding the complaint within ten (10) working days after the investigation is completed. The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 11232g; 34 C.F.R. Part 99, permits the District to disclose to a student who was discriminated against or harassed (victim), information about the sanction imposed upon a student who was found to have engaged in discrimination or harassment (student who discriminated) when the sanction directly relates to the victim. This includes an order that the student who discriminated stay away from the victim, or that the student who discriminated is prohibited from attending school for a period of time, or transferred to other classes. ii. Level 2 (Appeal to the Superintendent): If a party is not satisfied with the findings or remedies (or both) set forth in the decision, he or she may file an appeal in writing with the Superintendent within ten (10) working days after receiving the decision. The Superintendent will review the appeal and the investigative documentation and decision, conduct additional investigation, if necessary, and issue a written determination about the appeal within ten (10) working days after receiving the appeal. The party who filed the appeal will be sent the Superintendent’s determination at the time it is issued, and a copy will be sent to the designated compliance coordinator. [If the Superintendent is the subject of the complaint, the party will file the appeal directly with the Board.] iii. Level 3 (Appeal to the Board): If the party is not satisfied with the Superintendent’s determination, he or she may file an appeal in writing with the Board of Education within ten (10) working days after receiving the Superintendent’s determination. The Board of Education will review the appeal, the Superintendent’s determination, the investigative documentation and decision, and allow the party to address the Board at the next scheduled Board meeting to present his or her appeal. The Board will issue a written determination about the appeal within thirty (30) working days after receiving the appeal. The party who filed the appeal will be sent the Board’s determination at the time it is issued, and a copy will be sent to the designated compliance coordinator. The Board’s determination, and any actions taken, will be final on behalf of the District.Page 66 of 354 4. Remedies: If the District knows or reasonably should know about possible discrimination, including harassment or violence, the District will take immediate, interim action or measures to protect the alleged victim, ensure the safety of the school community, and prevent further potential discrimination, harassment, or retaliation during the District’s pending investigation. These interim measures will be prompt, age-appropriate, effective, and tailored to the specific situation, and may include a change in the student's seating assignment or class, a change in an employee's work area, prohibiting the alleged harasser from having any contact with the alleged victim pending the result of the District’s investigation, and other remedies, such as those listed below.The District will minimize any burden on the alleged victim when taking interim measures. For instance, the District generally will not remove the alleged victim from his or her class or work area and allow the alleged harasser to remain. In addition the District will ensure that the complainant is aware of his or her Title IX rights, including a strong prohibition against retaliation for reporting discrimination or harassment or cooperating with any investigation or proceeding, and any available resources, such as counseling, health, and mental health services, and the right to file a complaint with local law enforcement, if applicable.If the District determines that unlawful discrimination or harassment occurred, the District will take prompt and effective action to eliminate the discrimination or harassment, prevent its recurrence, and remedy its effects on the complainant and others, if appropriate. The remedies will be tailored to the specific allegations and facts of each situation, including, but not limited to, the following remedies: a. Providing an escort to ensure the complainant can move safely between classes and activities. b. Ensuring the complainant and alleged harasser do not attend the same classes. c. Moving the alleged harasser to another school or work area within the District. d. Providing counseling services or reimbursement, if appropriate. e. Providing medical services or reimbursement, if appropriate. f. Providing academic support services, such as tutoring. g. Arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s academic record.The District may provide remedies for the broader student population as well, including but not limited to: a. Offering counseling, health, mental health, or other holistic and comprehensive victim services to all students or employees affected by sexual harassment or sexual violence, and notifying students and employees of campus and community counseling, health, mental health, and other student services. Page 67 of 354 b. Designating an individual from the District's counseling center to be “on call” to assist victims of sexual harassment or violence whenever needed. c. Providing additional training to the District's designated compliance coordinators and other employees who are involved in addressing, investigating, or resolving complaints of discrimination, harassment, and retaliation, to better respond to specific types of harassment and violence. d. Informing students and employees of their options to notify proper law enforcement authorities, including school and local police, and the option to be assisted by District employees in notifying those authorities. e. Creating a committee of students or employees and District officials to identify strategies for ensuring that students and employees: i. Know the school's prohibition against discrimination, harassment, and retaliation. ii. Recognize acts of discrimination, harassment (including acts of violence), and retaliation when they occur. iii. Understand how and to whom to report any incidents of discrimination. iv. Know the connection between alcohol and drug abuse and harassment or violence based on sex or other protected characteristics. v. Feel comfortable that District officials will respond promptly and equitably to reports of discrimination, harassment (including violence) and retaliation. f. Conducting periodic assessments of student or employee activities to ensure that the practices and behavior of students or employees do not violate the District’s policies against anti-discrimination, anti-harassment, and anti-retaliation. g. Conducting in conjunction with students or employees, a “climate check” to assess the effectiveness of efforts to ensure that the District is free from discrimination, harassment (including violence), and retaliation, and using the resulting information to inform future proactive steps that will be taken by the District.In addition to these remedies, the District may impose disciplinary sanctions against the student or employee who discriminated, harassed, or retaliated against the complainant, up to and including possible expulsion or termination or cancellation of employment.5. Confidentiality: The identity of the complainant will be kept confidential to the extent permitted by state and federal law. The District will notify the complainant of the anti-retaliation provisions of applicable laws and that the District will take steps to prevent retaliation and will take prompt and strong responsive actions if retaliation occurs.If a complainant requests confidentiality or asks that the complaint not be pursued, the District will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or the request not to pursue anPage 68 of 354 investigation, as long as doing so does not prevent the District from responding effectively to the harassment and preventing harassment of other students. If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the District will inform the complainant that its ability to respond may be limited. Even if the District cannot take disciplinary action against the alleged harasser, the District will pursue other steps to limit the effects of the alleged harassment and prevent its recurrence, if warranted,At the same time, the District will evaluate a confidentiality request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. Thus, the District may weigh the confidentiality request against factors such as: the seriousness of the alleged harassment, the complainant's age; whether there have been other harassment complaints about the same individual and the alleged harasser’s rights to receive information about the allegations if the information is maintained by the District as an “education record” under FERPA. In some cases, the District may be required to report alleged misconduct or discrimination, such as sexual harassment involving sexual violence, to local law enforcement or other officials, and the District may not be able to maintain the complainant's confidentiality. The District will inform the complainant that it cannot ensure confidentiality, if applicable.6. Training: The District will ensure that District employees, including but not limited to officials, administrators, teachers, substitute teachers, counselors, nurses and other health personnel, coaches, assistant coaches, paraprofessionals, aides, bus drivers, and school law enforcement officers, are adequately trained so they understand and know how to identify acts of discrimination, harassment, and retaliation, and how to report it to appropriate District officials or employees. This training will include, at a minimum, the following areas: a. The current legal standards and compliance requirements of anti- discrimination, anti-harassment, and anti-retaliation federal, state, and any local laws and regulations, including several specific examples of discrimination, harassment (including acts of violence because of a person's sex or other protected characteristics), and retaliation. b. The District's current anti-discrimination, anti-harassment, and anti- retaliation notice, policies, grievance procedure, and discrimination complaint form, including the specific steps and timeframes of the investigative procedures, and the District's disciplinary procedures. c. Identification of the District's designated compliance coordinators and their job responsibilities. d. Specific examples and information regarding how to report complaints or observations of discrimination, harassment, or retaliation to appropriate District officials or employees. In addition, the District will emphasize that employees, students, third parties, and others should not be deterred from filing a complaint or reporting discrimination. For instance, if a student is the victim of sexual violence, a form of sexual harassment, but the student is concerned that alcohol or drugs were involved, school staff shouldPage 69 of 354 inform the student that the District's primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that the use of alcohol or drugs never makes the victim at fault for sexual violence. e. Potential consequences for violating the District's anti-discrimination, anti-harassment, and anti-retaliation policies, including discipline. f. Potential remedies, including immediate, interim remedies, to eliminate the discrimination, harassment, and retaliation, prevent its recurrence, and remedy its effects. g. A description of victim resources, including comprehensive victim services, to address acts of discrimination and harassment, including acts of violence because of a person's sex or other protected characteristics, and a list of those resources for distribution to trainees.In addition, the District shall ensure that employees designated to address or investigate discrimination, harassment, and retaliation, including designated compliance coordinators, receive additional specific training to promptly and effectively investigate and respond to complaints and reports of discrimination, and to know the District's grievance procedures and the applicable confidentiality requirements.7. Designated Compliance Coordinators: Designated compliance coordinators will be responsible for: a. Coordinating efforts to comply with anti-discrimination, anti-harassment, and anti-retaliation laws and regulations. b. Coordinating and implementing training for students and employees pertaining to anti-discrimination, anti-harassment and anti-retaliation laws and regulations, including the training areas listed above. c. Investigating complaints of discrimination (unless the coordinator designates other trained individuals to investigate). d. Monitoring substantiated complaints or reports of discrimination, as needed (and with the assistance of other District employees, if necessary), to ensure discrimination or harassment does not recur, and that retaliation conduct does not occur or recur. e. Overseeing discrimination complaints, including identifying and addressing any patterns or systemic problems, and reporting such patterns or systemic problems to the Superintendent and the Board of Education. f. Communicating regularly with the District's law enforcement unit investigating cases and providing current information to them pertaining to anti-discrimination, anti-harassment, and anti-retaliation standards and compliance requirements. g. Reviewing all evidence in harassment or violence cases brought before the District's disciplinary committee or administrator to determine whether the complainants are entitled to a remedy under anti-discrimination laws and regulations that was not available in the disciplinary process. Page 70 of 354 h. Ensuring that investigations address whether other students or employees may have been subjected to discrimination, including harassment and retaliation. i. Determining whether District employees with knowledge of allegations of discrimination, including harassment and retaliation, failed to carry out their duties in reporting the allegations to the designated compliance coordinator and responding to the allegations. j. Recommending changes to this policy and grievance procedure. k. Performing other duties as assigned.The designated compliance coordinators will not have other job responsibilities that may create a conflict of interest with their coordinator responsibilities.8. Preventive Measures: The District will publish and widely distribute on an ongoing basis a notice of nondiscrimination (notice) in electronic and printed formats, including prominently displaying the notice on the District's website and posting the notice at each building in the District. The District also will designate an employee to coordinate compliance with anti-discrimination laws (see Designated Compliance Coordinator section, above, for further information on compliance coordinator), and widely publish and disseminate this grievance procedure, including prominently posting it on the District’s website, at each building in the District, reprinting it in District publications, such as handbooks, and sending it electronically to members of the school community. The District will provide training to employees and students at the beginning of each academic year in the areas (B.6.a-g) identified in the Training section, above.The District also may distribute specific harassment and violence materials (such as sexual violence), including a summary of the District’s anti-discrimination, anti- harassment, and anti-retaliation policy and grievance procedure, and a list of victim resources, during events such as school assemblies and back to school nights, if recent incidents or allegations warrant additional education to the school community.Date of Adoption: July, 2011Page 71 of 354 500 STUDENT PERSONNEL501.1 Attendance RequirementsAll students shall be expected to be in attendance each day school is in session unless excused by the administration.All students between the ages of seven and sixteen are subject to the compulsory attendance Laws, which places the responsibility for attendance upon the parents of each student. 79-201501.1a Student Attendance - Attendance Policy and Excessive Absenteeism Regular and punctual student attendance is required. The administration is responsible for developing further attendance rules and regulations, and all staff are expected to implement this policy and administrative rules and regulations to encourage regular and punctual student attendance. The Principals and teachers are required to maintain an accurate record of student attendance.A. Attendance and Absences. 1. Circumstances of Absences – Definitions. The circumstances for all absences from school will be identified as School Excused or Not School Excused. Absences should be cleared through the Principal's office in advance whenever possible. All absences, except for illness and/or death in the family, require advance approval. a. School Excused. Any of the following circumstances that lead to an absence will be identified as a School Excused absence, provided the required attendance procedures have been followed:(1) Impossible or impracticable barriers outside the control of the parent or child prevent a student from attending school. The parent must provide the school with documentation to demonstrate the absence was beyond the control of the parent or child. This could include, but is not limited to documented illness, court, death of a family member, or suspension. (2) Other absences as determined by the principal or the principal’s designee. b. Not School Excused. Absences that are not school excused may result in a report to the county attorney and may be classified as follows: (1) Parent acknowledged absences are those in which the parent communicated with the school in the prescribed manner that the child is absent and is the parent’s responsibility for the extent ofPage 72 of 354 the school day. This includes, but is not limited to, illness, vacations, and medical appointments. (2) Other absences are those in which the parent has not communicated a reason for the student’s absence. 2. Absence Procedure. In its Student Information System, the District may identify many different codes that provide greater definition to the circumstances of a child’s absence, but all of the codes need to be identified to parents and students as fitting into one of the above defined absence circumstances. A student will not be allowed to enter class after an absence until an admit slip, based upon a written or verbal parental excuse, is issued by the Principal’s office.Two school days will be allowed to make up work for each day missed, with a maximum of 10 days allowed to make up work. 3. Mandatory Ages of Attendance. A child is of mandatory age if the child will reach age 6 prior to January 1 of the then-current school year and has not reached 18 years of age. Exceptions for Younger Students. Attendance is not mandatory for a child who has reached 6 years of age prior to January 1 of the then-current school year, but will not reach age 7 prior to January 1 of such school year, if the child’s parent or guardian has signed and filed with the school district in which the child resides an affidavit stating either: (1) that the child is participating in an education program that the parent or guardian believes will prepare the child to enter grade one for the following school year; or (2) that the parent or guardian intends for the child to participate in a school which has elected or will elect pursuant to law not to meet accreditation or approval requirements and the parent or guardian intends to provide the Commissioner of Education with a statement pursuant to section 79- 1601(3) on or before the child’s seventh birthday.Exceptions for Older Students. Attendance is also not mandatory for a child who: (1) has obtained a high school diploma by meeting statutory graduation requirements; (2) has completed the program of instruction offered by a school which elects pursuant to law not to meet accreditation or approval requirements; or (3) has reached the age of 16 years and has been withdrawn from school in the manner prescribed by law. Early Withdrawal for Students Enrolled in Accredited or Approved Schools. A person who has legal or actual charge or control of a child who is at least 16 but less than 18 years of age may withdraw such child from school before graduation and be exempt from the mandatory attendance requirements if an exit interview is conducted and a withdrawal form is signed.Exit Interview. The process is initiated by a person who has legal or actual chargePage 73 of 354 or control of the child submitting a withdrawal form. The form is to be as prescribed by the Commissioner of Education. Upon submission of the form, the Superintendent or Superintendent’s designee shall set a time and place for an exit interview if the child is enrolled in Pleasanton Public Schools or resides in the Pleasanton Public School District and is enrolled in a private, denominational, or parochial school. The exit interview shall be personally attended by:  The child, unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impracticable;  the person who has legal or actual charge or control of the child who requested the exit interview;  the Superintendent or Superintendent's designee;  the child's principal or the principal's designee if the child at the time of the exit interview is enrolled in a school operated by the school district; and  any other person requested by any of the required parties who agrees to attend the exit interview and is available at the time designated for the exit interview which may include, for example, other school personnel or the child's principal if the child is enrolled in a private school.At the exit interview, the person making the written request must present evidence that (a) the person has legal or actual charge or control of the child and (b) the child would be withdrawing due to either: financial hardships requiring the child to be employed to support the child’s family or one or more dependents of the child, or  an illness of the child making attendance impossible or impracticable.The Superintendent or Superintendent’s designee shall identify all known alternative educational opportunities, including vocational courses of study, that are available to the child in the school district and how withdrawing from school is likely to reduce potential future earnings for the child and increase the likelihood of the child being unemployed in the future. Any other relevant information may be presented and discussed by any of the parties in attendance.At the conclusion of the exit interview, the person making the written request may sign a withdrawal form provided by the school district agreeing to the withdrawal of the child OR may rescind the written request for the withdrawal.Withdrawal Form. Any withdrawal form signed by the person making the written request shall be valid only if:  the child also signs the form, unless the withdrawal is being requested due to an illness of the child making attendance at the exit interview impossible or impracticable, andPage 74 of 354  the Superintendent or Superintendent’s designee signs the form acknowledging that the interview was held, the required information was provided and discussed at the interview, and, in the opinion of the Superintendent or Superintendent’s designee, the person making the written request does in fact have legal or actual charge or control of the child and the child is experiencing either (i) financial hardship, or (ii) an illness making attendance impossible or impracticable.Early Withdrawal for Students Enrolled in an Exempt School (Home Schools). A person who has legal or actual charge or control of a child who is at least 16 but less than 18 years of age may withdraw such child from school before graduation and be exempt from the mandatory attendance requirements if such child has been enrolled in a school that elects not to meet the accreditation or approval requirements by filing with the State Department of Education a signed notarized release on a form prescribed by the Commissioner of Education. 4. Reporting and Responding to Excessive Absenteeism. Any administrator, teacher, or member of the board of education who knows of any failure on the part of any child of mandatory school attendance age to attend school regularly without lawful reason, shall within three days report such violation to the superintendent or such person(s) who the superintendent designates to be the attendance officer (hereafter, “attendance officer”). The attendance officer shall immediately cause an investigation into any such report to be made. The attendance officer shall also investigate any case when of his or her personal knowledge, or by report or complaint from any resident of the district, the attendance officer believes there is a violation of the compulsory attendance laws. The school shall render all services in its power to compel such child to attend some public, private, denominational, or parochial school, which the person having control of the child shall designate, in an attempt to address the problem of excessive absenteeism. Such services shall include, as appropriate, the services listed below under “Excessive Absenteeism” and “Reporting Excessive Absenteeism.” 5. Excessive Absenteeism. Students who accumulate five (5) unexcused absences in a quarter shall be deemed to have “excessive absences.” Such absences shall be determined on a per day basis for elementary students and on a per class basis for secondary students. When a student has excessive absences, the following procedures shall be implemented: a. Verbal or written communication by school officials with the person or persons who have legal or actual charge or control of any child; and b. One or more meetings between the school (a school attendance officer, a school administrator or his or her designee, and/or a social worker), the child’s parent or guardian, and the child, when appropriate, to address the barriers to attendance. The result of the meeting or meetings shall be toPage 75 of 354 develop a collaborative plan to reduce barriers identified to improve regular attendance. The plan shall consider, but not be limited to: (i) Illness related to physical or behavioral health of the child. (ii) Educational counseling; (iii) Educational evaluation; (iv) Referral to community agencies for economic services; (v) Family or individual counseling; and (vi) Assisting the family in working with other community services. If the parent/guardian refuses to participate in such meeting, the principal shall place documentation of such refusal in the child’s attendance records6. Reporting Excessive Absenteeism to the County Attorney. The school may report to the county attorney of the county in which the person resides when the school has documented the efforts to address excessive absences, the collaborative plan to reduce barriers identified to improve regular attendance has not been successful, and the student has accumulated more than twenty (20) absences per year. The school shall notify the child’s family in writing prior to referring the child to the county attorney. Illness that makes attendance impossible or impracticable shall not be the basis for referral to the county attorney. A report to the county attorney may also be made when a student otherwise accrues excessive absences as herein defined. Legal Reference: Neb. Rev. Stat. '' 79-201 and 79-209Date of Adoption: [March 2014]Page 76 of 354 Attendance Improvement PlanThis collaborative plan has been developed as a result of a meeting or meetings held on the following dates: ______. Those in attendance included: ______The attendees considered the following actions to reduce barriers to improve regular attendance: 1. Illness related to physical or behavioral health of the child: ___ It was determined that the physical or behavioral health of the child is not a barrier to improve regular attendance. ___ The child’s physical or behavioral health poses a barrier to regular attendance. The following actions will be taken in response: ______.2. Educational counseling (e.g. curriculum changes): ___ It was determined that educational counseling is not needed to reduce barriers to improve regular attendance. ___ Educational counseling ___ has been ___ will be provided, consisting of the following: ______.3. Educational evaluation: ___ It was determined that an educational evaluation is not needed to reduce barriers to improve regular attendance. ___ An educational evaluation ___ has been ___ will be conducted to assist in determining the specific condition, if any, contributing to the problem of excessive absenteeism. The evaluation will include: ______.4. Referral to community agencies for economic services: ___ It was determined that economic services are not needed to reduce barriers to improve regular attendance. ___ The family ___ has been ___ will be given information about community agencies which may have economic services available to the family, which includes: ______.5. Family or individual counseling:Page 77 of 354 ___ It was determined that family or individual counseling is not needed to reduce barriers to improve regular attendance. ___ The family ___ has been ___ will be given information about family or individual counseling that is available pertaining to: ______.6. Assisting the family in working with other community services: ___ It was determined that assistance in working with community services is not needed to reduce barriers to improve regular attendance. ___ The family ___ has been ___ will be given assistance in working with community services pertaining to: ______. Other actions to be taken: Action Responsible Person Date to CompletePlan completed by: ______Signature (title)______Signature (title)______Signature (title)______Signature (title)______Signature (title)______Signature (title)______Date501.2 Students - Admission RequirementsPage 78 of 354 Minimum Age: A child shall be eligible for admission into kindergarten at the beginning of the school year if the child is five years of age or will be five years of age on or before July 31 of the calendar year in which the school year for which the child is seeking admission begins. The School Board shall admit a child who will reach the age of five years on or after August 1 and on or before October 15 of such school year if the parent or guardian requests such entrance and provides an affidavit stating that (i) the child attended kindergarten in another jurisdiction in the current school year; (ii) the family anticipates a relocation to another jurisdiction that would allow admission within the current year; or (iii) the child is capable of carrying the work of kindergarten which can be demonstrated through a recognized assessment procedure approved by the Board.Early Admission to Kindergarten: The following assessment procedure for determining if a child is capable of carrying the work of kindergarten is approved and shall be made available to interested persons:Early kindergarten enrollment exceptions may be made for younger children who are intellectually advanced. At a minimum, eligibility for the admission shall be based upon an analysis of the child’s: (1) mental ability, (2) emotional/social development, (3) pre academic skills, and (4) fine motor skills. The kindergarten early entrance assessment procedures are designed to identify and place in kindergarten those children who: a. will turn 5 years of age between August 1 and October 15; b. are deemed by parents or guardians as being intellectually advanced and likely to benefit from advanced grade placement; and c. are selected on the basis of testing by professionals trained and certified to administer the assessments that will produce evidence of strength in: 1. mental ability defined as scoring 84th percentile or above on a standardized assessment of cognitive ability such as the Wechsler Pre Primary Scale of Intelligence III, or the Stanford-Binet V; 2. a test of emotional/social development such as the Behavior Assessment System for Children, Second Edition (BASC-2); 3. 75th percentile or greater on a test of pre academic skills such as the Woodcock Johnson III; and 4. a test of fine motor ability, scoring 75th percentile or above on a standardized measurement such as the Beery VMI.In the discretion of the Superintendent or designee, the assessments may be administered by the School District’s professional staff, or the parents or guardians may be required, at their own expense, to have all or some of the required assessments completed by reputable professionals and to submit the results of such assessments to the School District.The decision regarding early entrance to kindergarten requires careful consideration of all factors that affect kindergarten success with final determination to be made based on thePage 79 of 354 recommendation of the District Evaluation Team, to be composed of such individuals as the Superintendent or designee determine appropriate. The academic, social, and emotional readiness, as well as the student’s physical development and well-being, must be weighed with institutional factors also considered. Sound decision making in the area of early entrance to kindergarten is dependent upon reliable information regarding a student’s readiness and a thoughtful balancing of the myriad of factors implicated by the decision. Parents will be notified in writing of the results of the Early Kindergarten Entrance assessment and the determination of the District Evaluation Team in a timely fashion; not to exceed three weeks after the assessments are completed.Families who seek early admission of their child into kindergarten must obtain an Early Entrance to Kindergarten Packet from the School District Administrative.Parents must fill out the early entrance application forms, which include a parent questionnaire and obtain and attach a reference letter from someone who is well acquainted with the child but not a relative of the child. The person providing this reference should know the child well enough that they can speak with some expertise about the child’s attributes and abilities. The reference letter should indicate whether this person recommends the child be schooled with children who will be a year older than the child and, if so, the evidence this person has concerning the child’s mental ability, fine and gross motor ability, visual and auditory discrimination, emotional/social development, and communication skills. Suggestions for this reference letter are a preschool teacher, a Sunday school teacher, a day-care provider, or a physician.The assessment request, reference letter and parent questionnaire must be completed and returned to the District no later than May 25th of the spring before fall enrollment to allow summer assessment to be completed. Decisions regarding early kindergarten entrance must include consideration of the above and shall not be made based on race, color, gender, religion, ancestry, national origin, marital status, age, disability, or sexual orientation of the child or the child’s parents or guardians. Institutional factors, such as capacity, may also be considered.Graduates: A student who has received a high school diploma or received a General Equivalency Diploma shall not be eligible for admission or continued enrollment.Age 21: A student shall not be admitted or continued in enrollment after the end of the school year in which the student reaches the age of 21. The school year for this purpose ends at the last day of instruction for graduating seniors.Birth Certificate, Physical, Visual Evaluation and Immunization: The parents or legal guardian shall furnish:Page 80 of 354 (1) A certified copy of the student’s birth certificate issued by the state in which the child was born, upon admission of a child for the first time, shall be provided within 30 days of enrollment. Other reliable proof of the child’s identify and age, accompanied by an affidavit explaining the inability to produce a copy of the birth certificate, may be used in lieu of a birth certificate. An affidavit is defined as a notarized statement by an individual who can verify the reason a copy of the birth certificate cannot be produced. (Failure to provide the birth certificate does not result in non-enrollment or disenrollment, but does result in a referral to local law enforcement for investigation).(2) Evidence of a physical examination by a physician, physician assistant, or nurse practitioner, within six months prior to the entrance of the child into the beginner grade and the seventh grade or, in the case of a transfer from out of state, to any other grade, unless the parent or legal guardian submits a written statement objecting to a physical examination.(3) Evidence of a visual evaluation by a physician, a physician assistant, an advanced practice registered nurse, or an optometrist, within six months prior to the entrance of the child into the beginner grade or, in the case of a transfer from out of state, to any other grade, unless the parent or legal guardian submits a written statement objecting to a visual evaluation. The visual evaluation is to consist of testing for amblyopia, strabismus, and internal and external eye health, with testing sufficient to determine visual acuity. (4) Evidence of protection against diphtheria, tetanus, pertussis, polio, measles, mumps, and rubella, Hepatitis B, Varicella (chicken pox), Haemophilus Influenzae type b (Hib), invasive pneumococcal disease and other diseases as required by applicable law, by immunization, prior to enrollment, unless the parent or legal guardian submits a written statement that establishes than an exception to the immunization requirements are met. (5) Every student entering the seventh grade shall have a booster immunization containing diphtheria and tetanus toxoids and an acellular pertussis vaccine which meets the standards approved by the United States Public Health Service for such biological products, as such standards existed on January 1, 2009.The Superintendent or Superintendent’s designee shall notify the parent or guardian in writing of the foregoing requirements and of the right to submit affidavits or statements to object to the requirements, as applicable. The Superintendent or Superintendent’s designee shall also provide a telephone number or other contact information to assist the parent or guardian in receiving information regarding free or reduced-cost visual evaluations for low-income families who qualify.Page 81 of 354 A student who fails to meet the foregoing requirements shall not be permitted to enroll or to enter school, or if provisionally enrolled or enrolled without compliance, shall not be permitted to continue in school until evidence of compliance or an exemption from compliance is given. Enrollment of Expelled Students If a student has been expelled from any public school district in any state, or from a private, denominational, or parochial school in any state, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired, unless the School Board of this school district in its sole and absolute discretion upon a proper application approves by a majority vote the enrollment of such student prior to expiration of the expulsion period. As a condition of enrollment, the School Board may require attendance in an alternative school, class or educational program pursuant to Nebraska law until the terms or time period of the original underlying expulsion are completed. A student expelled from a private, denominational, or parochial school or from any public school in another state, will not be prohibited from enrolling in the public school district in which the student resides or in which the student has been accepted pursuant to the enrollment option program for any period of time beyond the time limits placed on expulsion, pursuant to the Student Discipline Act, or for any expulsion for an offense for which expulsion is not authorized for a public school student under such Act. For purposes of this policy, the term expulsion or expelled includes any removal from any school for a period in excess of twenty (20) school days. Legal Reference: Neb. Rev. Stat. §§ 43-2001 to 43-2012 Neb. Rev. Stat. § 79-214 Neb. Rev. Stat. §§ 79-217 to 79-223 Neb. Rev. Stat. § 79-266.01 173 NAC Chapters 3 and 4 (HHS Regulations)Date of Adoption: Aug. 12/2013501.21 Students - Full-Time and Part-Time EnrollmentFull Time Enrollment Students must be enrolled in Pleasanton Public Schools on a full-time basis. Full-time basis is defined as attending classes for the full instructional day within the public school system.Exceptions are permitted only for: 1. enrolled students attending another state accredited institution such as a vocational- technical school or a college or university for school credit; 2. enrolled students taking the limited number of credits needed to graduate in the school year; 3. enrolled students in need of modified school attendance as an accommodation for a disability or similar unique circumstance; 4. enrolled students receiving special education services where the student’s IEPPage 82 of 354 requires a modified schedule, or non-enrolled students receiving special education services or other legally mandated services required to be provided to eligible resident children under state and federal laws and regulations; 5. students from other school districts participating in programs offered by the District pursuant to an interlocal agreement or other arrangement approved by the School Board; and 6. non-public school students in accordance with the policies and procedures set forth in this policy. Part-Time Enrollment of Non-Public School Students The School Board shall allow the part-time enrollment of students who are residents of the school district and who are also enrolled in a private, denominational, or parochial school or in a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements. Such students are referred to herein as “non-public school students.”The School Board establishes the following guiding principles for enrollment of non-public school students: (1) The primary school for a non-public school student is the student’s private, denominational, parochial or home school. (2) Enrollment of a non-public school student in Pleasanton Public Schools is allowed for the purpose of providing enhanced educational opportunities not otherwise available to the non-public school student. It is not to supplant programming of the student’s primary school. (3) Non-public school students are not to be given priority over full-time students. (4) Non-public school students are to be enrolled only in programs or courses that are educationally appropriate for the student. (5) Enrollment of non-public school students is not to negatively affect the educational services to be provided to full-time students.The School Board establishes the following specific policies and procedures for enrollment of non-public school students. In the event the specific policies and procedures require interpretation or do not fully resolve an issue, the above established guiding principles are to be considered. A. Non-Public School Student Enrollment Application Procedures. 1. Application. Parent or guardian must submit an Application of Non-Public School Student for Part-Time Enrollment to the principal of the school the student desires to attend. 2. Deadline for Applications. The application must be received by August 1st preceding the school year the student wishes to enroll. a. Change of Residence Exception: The application deadline for a student who becomes a resident of the District after the school year has commenced is: 20 calendar days after the student becomes a resident of the District. The principal may delay enrollment until the next following quarter or semester starts, or at such other time as determined to be educationally appropriate. b. High School Course Exception: The application deadline for a student who desires toPage 83 of 354 enroll in a second semester high school course is December 1st. 3. Action on Applications. The principal will review the application and will notify the parent of the approval or denial of the application within 2 weeks of receipt of the application or 2 weeks prior to the start of school or 2 weeks prior to the start of the next semester, whichever is later. 4. Appeals. The parent or guardian may appeal the principal’s action to deny their application. Any such appeal must be submitted to the Superintendent within 14 calendar days from the date of the principal’s action. The appeal shall be in writing and shall be decided on the basis of the written submission. The Superintendent may request the parent or guardian to provide further explanation or information and the appeal may be denied in the event the parent or guardian fails to fully respond on a timely basis. The Superintendent shall decide the appeal within 10 calendar days of the submission of the appeal. The Superintendent may make a decision later than the 10 days in the event good reason for delay exists. Good reason includes but is not limited to the Superintendent being unable to gather the information the Superintendent determines necessary to make the decision within the decision period. 5. Annual Applications. Part-time enrollment is determined annually. Application must be made each school year. There will be no guarantee that enrollment will be continued from one year to the next.B. Non-Public School Student Admission1. Admission Requirements. Students must meet the normal admission requirements. This includes the requirements that the student: be a resident of the District, be of school attendance age and not have graduated or have received a GED. 2. Admission Process. Students must complete the normal enrollment process and forms required by the District and/or the building for enrollment of all children. This includes the requirements relating to: birth certificates, immunizations, physical examinations, and visual evaluations.C. Non-Public School Student Enrollment Standards1. Maximum Enrollment. Students may not enroll in more than 2 middle school or high school courses during any one semester. Elementary students may not enroll in programming of greater than 90 minutes of instruction each day. A student who is attending an exempt school and who is enrolled on a part-time basis in the District’s middle school or high school will be permitted to enroll in 20 semester credit hours of classes in the event the student has an interest in participating in extracurricular activities. 2. Capacity Limits. Enrollment will be subject to capacity limits. Any grade level, program, or course which has been determined to be at capacity for option enrollment purposes shall not be available for non-public school students. The middle school principal and counselor shall also establish capacity limits for particular courses each semester. Students will not be permitted to enroll in courses beyond the established capacity limits. 3. Integrated Courses. Students must meet prerequisite requirements to be enrolled in a course by appropriate credits earned through an accredited program. The principal may on a discretionary basis allow prerequisite requirements to be satisfied where the studentPage 84 of 354 provides reasonable indications that the academic criteria have been met, such as results from achievement tests or other indications of adequate preparation. 4. Educationally Appropriate Programs and Courses. Students will not be allowed to enroll in programs or courses which the school administration determines to not be educationally appropriate for the student. Determination of whether a program or course is educationally appropriate will be made based on the standards the District uses for making academic placement decisions. 5. Essential versus Non-Essential Elective Courses. Non-public school students are not permitted to enroll in essential courses. Essential courses are those, which are required to be offered by the student’s private, denominational, parochial or home school. For nonpublic school students attending an approved school, essential courses are: language arts, social studies, science, mathematics, vocational education, foreign language, visual and performing arts, and personal health and physical fitness. For non-public school students attending an exempt school, essential courses consist of a sequential program of instruction designed to lead to basic skills in the language arts, mathematics, science, social studies, and health. A non-public school student will not be precluded by this provision from enrolling in non-essential elective courses.D. Non-Public School Student Policies1. General Standard. Non-public school students who are enrolled part-time are to be subject to the same standards as full-time enrolled students except where appropriate to reflect their part-time status. 2. No Partial Part-Time Enrollment. Students must apply for enrollment and attend the entire school year for which enrollment is made or, for high school courses, for the full length of the course. Once enrolled, part-time students will be required to participate in all activities, programs, and tests related to the program or course for which the student is enrolled, including as applicable State or District-wide assessments, as full-time students. 3. Student Conduct Policies. Students enrolled on a part-time basis shall be required to follow all school policies that apply to other students at any time the part-time student is present on school grounds or at a school-sponsored activity or athletic event. This includes the District’s student conduct policies. Students enrolled on a part-time basis shall be subject to discipline, including suspension or expulsion, for violations of student conduct rules. 4. Attendance. Students enrolled on a part-time basis are not exempt from the compulsory attendance laws or from the District’s attendance policies. Students who engage in excessive absenteeism as defined in Board policy are to be reported under the truancy laws. 5. Presence on School Grounds. Students enrolled on a part-time basis are to be present on school grounds during the school day only at the times required for their attendance in the program or course in which they are enrolled. Exceptions may be made in the discretion of the principal or the principal’s designee. Students must sign in and out of the school by following the building level procedure. Students are responsible for being aware of any changes in the school schedule during inclement weather or for other reasons. 6. Transportation. Students enrolled on a part-time basis are not entitled to transportation or transportation reimbursement. Full-time students will be given first consideration forPage 85 of 354 parking on the high school campus. 7. Academic Honors. Students enrolled on a part-time basis will not be eligible to graduate or receive a diploma from the District or receive academic honors (for example, class rank and honor roll) except to the extent the student meets all requirements of the District’s policies for such, including attainment of minimum credits and semesters of attendance. 8. Extracurricular Activities. Students enrolled on a part-time basis may be permitted in the discretion of the principal and athletic director to participate in extracurricular activities. Participation in activities that are subject to the bylaws of the Nebraska School Activities Association (NSAA) will be limited to those students who meet the NSAA bylaws. Legal Source: Laws 2006, LB 821; Neb. Rev. Stat. Section 79-526; Title 92, Nebraska Administrative Code, Chapter 10Date of Adoption: 2006501.3 School Attendance AreasThe Pleasanton Public Schools shall be designated as the attendance area for students attending school in the district (10-0105)501.4 Attendance RecordsAttendance for each student will be recorded and maintained in the office of the principal (high school), and by the teachers in the grade school on a daily basis. This information shall be transferred to permanent records each semester. 501.5 Resident StudentsAll students whose parents or legal guardians reside in the School District shall be admitted to Pleasanton Public School without payment of tuition. Proof of residency or legal guardianship may be required by the school administration, and resident status may be terminated by relocation of the parents or guardians outside the district.501.6 Non-Resident StudentsStudents whose parents are not residents of the Pleasanton School District may attend school upon payment of established tuition fees, or be approved as an Option Enrollment student. This option will be at the board’s discretion. This should be done by March 15th of each year. Such students may be assigned to grade placement by the administration.Children of non-resident parents who have been entrusted permanent custody and complete support to residents of the district by court decision are entitled to free schooling. (Wards of the Court)Page 86 of 354 Children whose primary purpose in living with friends or relatives is to secure schooling within this district and away from their homes must pay tuition, or be approved as an Option Enrollment student.Children of state employees who have temporarily moved from their legal residence shall not be charged tuition. 79-445501.7 Foreign StudentsStudents who are residents of nations other than the United States of America may be admitted without payment of tuition if prearranged and under a recognized foreign student exchange program in which students are accepted on an equivalent basis in foreign countries.501.8 Option Enrollment Program - Rule 7It shall be the policy of the Board of Education of Pleasanton School District No. 10-0105 to participate fully in the option enrollment program pursuant to 79-183. Commencing with the 1991-1992 school year, the district will receive option enrollment applications subject to capacity of a program, class size, grade level, school building, or the availability of appropriate special education programs. For purposes of this policy, capacity shall be construed to mean the following.1. In the elementary grades, kindergarten through sixth grade, the maximum class size shall be twenty (20) students. In the junior high/high school grades, seventh through twelfth grades, the maximum class size shall be thirty (30) students. 2. Whether any additional equipment, furniture or personnel would have to be acquired to afford services to an option school applicant in accordance with the standards of the district. 3. Whether a diminution in the quality of services to resident students would be likely to occur as a result of the acceptance of option school applicants. The Superintendent of Schools shall report his finding of anticipated diminution of quality of services to resident students and shall set forth generally his rationale for such anticipated diminution. 4. Whether the district's disciplinary procedures and personnel would be strained beyond their reasonable capacity by acceptance of an option school applicant. 5. Whether receipt of an option school applicant would cause a change in the classification for athletic purposes of the school district. 6. Whether there is any likelihood that anticipated changing educative needs of the option school applicant would in the future require the addition of equipment, personnel, or other services to appropriately meet the educative needs of such student. 7. Whether the acceptance of an option school application would bear adversely on any resident student. 8. Whether the receipt of option school applicants would bear adversely on learning climate or academic standards of the district.Page 87 of 354 It shall further be the policy of this district to consider any such application provided it is filed in a manner that it may be considered by the Board of Education in a duly constituted meeting prior to March 15 prior to the affected school year.Revised 9/12/96501.9 Discontinuation Of The Enrollment of Students Younger than Seven Years of AgeIt is policy of Buffalo County School District No. 10-0105 to allow any person with legal or actual charge or control of a child younger than seven years of age who is enrolled in the school district to discontinue the enrollment of such child according to the following parameters.1. The student's parent(s) or legal guardian shall submit a complete and accurate application form prescribed by the school board for discontinuation of enrollment. The application form shall be made available during regular business hours at the administrative offices of the district. The application shall be accompanied by a copy of the student's birth certificate issued by the state in which the child was born or other reliable proof of the child's identity and age. (i.e. naturalization or immigration documents showing date of birth or official hospital birth records.)2. Within three (3) days after the submission of the application, a conference shall be held between the superintendent or the designee of the superintendent, the student's parent(s) or guardian, and any other school district employee whose presence is requested by the superintendent or the superintendent's designee. The purpose of the conference shall be to address the parties' reasons, questions, and/or concerns regarding the request to discontinue the student's enrollment.3. After the conference and verification by the board or its designee that the child is younger than seven years of age on or before October 15 of the current or upcoming school year and enrolled at Buffalo County School District No. 10-0105, the application for withdrawal shall be approved and become effective by resolution at the next board meeting following the submission of the application form. If the child is not younger that seven years of age on or before October 15 of the current or upcoming school year or not enrolled at Buffalo County School District No. 10-015, the application shall be rejected.4. Buffalo County School District No. 10-0105 will provide written notification to the parent(s) or legal guardian of the student whether the application has been accepted or rejected. If the application is rejected, the rejection notice will state the reason(s) for the rejection. If accepted, the parent(s) or legal guardian shall be provided with a copy o the board resolution stating such acceptance. A copy of the resolution shall also be available during regular business hours at the offices of the district.5. The district shall inform the student's parent(s) of legal guardian of the student's right to re- enroll at any time in the school, if qualified under law. Adopted August 1999Page 88 of 354 APPLICATION FOR THE DISCONTINUATION OF THE ENROLLMENT OF STUDENTS YOUNGER THAT SEVEN YEARS OF AGEBUFFALO COUNTY SCHOOL DISTRICT NO. 10-0105Student's Name______Date of Birth ______Address: ______Grade Level Teacher______Parent or Guardian’s Name______Address ______I hereby request that my child's enrollment at Buffalo County School District No. 10-0105 be discontinued. I certify that I am the parent, legal guardian, or person with the legal or actual charge or control of the above named student. I further certify that my child is or will be younger than seven years of age on or before October 15 of the current or upcoming school year. To the best of my knowledge, the attached birth certificate or other attached documentation verifying my child's age is an accurate, correct, and unaltered copy.______Parent(s) or Guardian Signature DateSUBSCRIBED AND SWORN before me this day of, 20____ ______Notary PublicPage 89 of 354 501.10 ADMISSION OF HOME SCHOOLED STUDENTS - GRADE LEVEL PLACEMENTPleasanton Public Schools reserves the right to make the most appropriate grade level placement for an enrolling student which best fulfills the needs of the student and the School District. The principal and counselor will have the final determination regarding the placement of the student. The student will be placed and begin classes within five (5) school days of the students registration.Students enrolling in Pleasanton Public Schools from home schools (NDE Rule 13) or non- approved schools will be placed in grades and classes in the following manner:In determining the appropriate level of placement for elementary students, consideration shall be given to, but not limited to, the following factors:1. The student’s chronological age 2. Previous public school or approved private school experience 3. Diagnostic test data 4. Achievement test data 5. Criterion referenced test dataIn determining the appropriate level of placement for secondary students, consideration shall be given to, but not limited to, the following factors:1. The student’s chronological age 2. Previous public school or approved private school experience 3. Standardized achievement test data 4. Criterion referenced test data 5. Final examination test data 6. Diagnostic test dataCredits granted:Entering as a Freshman: The student will be required to earn 250 hours in Pleasanton Public Schools coursework. When achievement records from prior learning settings are not available, students will take an 8th grade standardized achievement test to determine level of performance in core curricular areas. If he/she places at the 40th to 60th percentile nationally on the test they will be allowed to enter the 9th grade.Entering as a Sophomore: The student may be granted credit for English, science, math, social sciences, and reading related content if he/she places at the 40th to 60th percentile nationally on the PLAN test in those areas (10 hours per year for each subject area). The student will need to earn 180 additional hours.Entering as a Junior:Page 90 of 354 The student may be granted credit for English, science, math, social sciences, and reading related content if he/she places at the 40th to 60th percentile on an 11th grade standardized achievement test in those areas or achieves a score of 18 on the ACT test (10 hours per year for each subject area). The student will need to earn 140 additional credits.Entering as a Senior: The student may be granted credit for English, science, math, social sciences, and reading related content if he/she places at the 40th to 60th percentile on a standardized achievement test in those areas or achieves a score of 18 on the ACT test (10 hours per year for each subject area). Students must take 20 credits in the core classes (English and American Government). General studies requirements must also be met (Health and PE).The student must demonstrate an equivalency of 250 credit hours prior to graduation to receive a Pleasanton Public Schools diploma.Up to 30 hours of credit (10 per each year grades 9-11) may be granted for other home school courses completed prior to enrollment at Pleasanton Public Schools. The home school instructor must substantiate learning activities with evidence of student competencies.Credit may be granted for Independent study done while in a home school as long as it is from an accredited institution and meets the Pleasanton Public School criteria for approval.Credits for verified handicapped students with an IEP will be considered on an individual basis.Adopted: January 14, 2002501.11 Students - Student Residence, Admission and Contracting for Educational ServicesStudents shall be admitted to the School District, upon request and without charge, who are:1. A resident of the School District for purposes of school enrollment. A student is a resident of the School District if the student resides in the School District or at least one of the student’s parents resides in the School District.2. A homeless student. The following definition shall be used to determine which students fit this category:A homeless individual is one who (1) lacks a fixed, regular, and adequate nighttime residence and (2) has a primary nighttime residence in a supervised publicly or privately operated shelter designed to provide for temporary accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill), an institution providing temporary residence forPage 91 of 354 individuals intended to be institutionalized, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings. The term “homeless” or “homeless individual” does not include any individual imprisoned or otherwise detained by an Act of Congress or State law. 3. Approved for option enrollment into the School District.Students may be admitted to the School District, or continue in enrollment, where:1. The student is not a resident of the School District and is a resident of Nebraska. Such enrollment shall be pursuant to a contract between the Boards of Education of the School District and the school district in which the student is a resident and upon the collection of tuition pursuant to such contract. The amount of tuition shall be no less than the average cost per pupil as determined by the previous year’s financial report.2. The student is not a resident of the School District and is a resident of another State. Such enrollment shall be subject to collection of tuition in advance at a rate determined by the School Board. The amount of tuition shall be no less than the average cost per pupil as determined by the previous year’s financial report.3. The student is participating in an approved Foreign Exchange Program.4. The student is a child of a member of the military on active duty and residing on certain property ceded to the United States and stationed in, near or adjacent to the School District, and children of employees of the federal government residing in Nebraska on national parks or national monuments within the State in, near or adjacent to the School District. Such discretionary admission shall be without charge for tuition.5. The student’s residency in the School District ceases during the school year. In such case, the student may be allowed to continue attending the School District for the remainder of that school year.A child who is a ward of the state or court and (1) has been placed in the School District but had resided in a different school district at the time the child became a ward and does not reside in a foster family home, or (2) has been placed in an institution which maintains a State-approved special education program, may be enrolled in the School District to the extent required by law. In such event, costs of education and transportation are to be paid by the State, but not in advance. The child remains a resident of the school district in which the child resided at the time the child became a ward. A child who is a ward of the state or court who resides in the School District in a foster family home licensed or approved by the Department of Health and Human Services (“Department”) or a foster home maintained or used by the Department, remains a resident of the school district inPage 92 of 354 which the child resided at the time the child became a foster child. This is subject to a determination being made in accordance with the Foster Care Review Act that the child will not attend such school district. If such a determination is made, the child is deemed to be a resident of the School District and will be admitted as a resident student.A child who is not a ward of the state or court and who is residing in a residential setting in the School District for reasons other than to receive an education is subject to the following: First, if the residential setting does not maintain an interim-program school, the School District will provide the educational services to the child pursuant to a contract with the school district in which the child resided immediately prior to such placement, as and to the extent required by law. This is subject to the parent or guardian and such other school district agreeing to have such other school district provide the educational services. Second, if the residential setting does maintain an interim-program school, the child’s educational services will be provided by the interim-program school without the School District’s involvement. However, the School District may provide educational services to the child pursuant to a contract with the school district in which the child resided immediately prior to such placement.All admissions are subject to the condition that admission requirements other than residency be satisfied to the extent required by law and that the School District is legally responsible for or authorized to admit the child or provide educational services to the child.Legal Reference: Neb. Rev. Stat. ' 79-215 (residency and admission) Neb. Rev. Stat. ' 79-215 (children of military or federal employee parent) Neb. Rev. Stat. '' 79-232 to 79-246 (option enrollment) 42 U.S.C. § 11431 et. seq. (McKinney–Vento Homeless Assistance Act) NDE Rule 9Date of Adoption: June, 2010Page 93 of 354 502 BEHAVIOR AND DISCIPLINE502.1 Orderly ConductEach teacher will be primarily responsible for the discipline of all children under his/her assignment. However, all teachers have a responsibility toward the general school welfare and discipline including other students.* Each student is expected to attend school on time and regularly * Have respect for fellow students and staff * To obey school rules and regulations * To refrain from using tobacco and alcohol and other drugs * To obey all directions and requests of teachers * Obscene materials have no place in school * To study, complete assignments on time * Take pride in our school * To be clean and tidy in person and attire502.2 Student DisciplineA. Development of Uniform Discipline System. It shall be the responsibility of the Superintendent to develop and maintain a system of uniform discipline. The discipline which may be imposed includes actions which are determined to be reasonably necessary to aid the student, to further school purposes, or to prevent interference with the educational process, such as (without limitation) counseling and warning students, parent contacts and parent conferences, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling upon written consent of the parent or guardian, or in-school suspension. The discipline may also include out-of- school suspension (short-term or long-term) and expulsion. 1. Short-Term Suspension: Students may be excluded by the Principal or the Principal’s designee from school or any school function for a period of up to five school days (short-term suspension) on the following grounds: a. Conduct that constitutes grounds for expulsion, whether the conduct occurs on or off school grounds; or b. Other violations of rules and standards of behavior adopted by the Board of Education or the administrative or teaching staff of the school, which occur on or off school grounds, if such conduct interferes with school purposes or there is a nexus between such conduct and school.The following process will apply to short-term suspensions: a. The Principal or the Principal’s designee will make a reasonable investigation of the facts and circumstances. A short-term suspension willPage 94 of 354 be made upon a determination that the suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes. b. Prior to commencement of the short-term suspension, the student will be given oral or written notice of the charges against the student. The student will be advised of what the student is accused of having done, an explanation of the evidence the authorities have, and be afforded an opportunity to explain the student's version of the facts. c. Within 24 hours or such additional time as is reasonably necessary following the suspension, the Principal or administrator will send a written statement to the student and the student's parent or guardian describing the student's conduct, misconduct or violation of the rule or standard and the reasons for the action taken. d. An opportunity will be given to the student, and the student's parent or guardian, to have a conference with the Principal or administrator ordering the short-term suspension before or at the time the student returns to school. The Principal or administrator shall determine who in addition to the parent or guardian is to attend the conference. e. A student who on a short-term suspension shall not be permitted to be on school grounds without the express permission of the Principal.2. Long-Term Suspension: A long-term suspension means an exclusion from school and any school functions for a period of more than five school days but less then twenty school days. A student who on a long-term suspension shall not be permitted to be on school grounds without the express permission of the Principal. A notice will be given to the student and the parents/guardian when the Principal recommends a long-term suspension. The notice will include a description of the procedures for long-term suspension; the procedures will be those set forth in the Student Discipline Act.3. Expulsion: a. Meaning of Expulsion. Expulsion means exclusion from attendance in all schools, grounds and activities of or within the system for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year, or (c) unless the expulsion is for conduct specified in these rules or in law as permitting or requiring a longer removal, in which case the expulsion shall remain in effect for the period specified therein. Such action may be modified or terminated by the school district at any time during the expulsion period. A student who has been expelled shall not be permitted to be on school grounds without the express permission of the Principal. APage 95 of 354 notice will be given to the student and the parents/guardian when the Principal recommends an expulsion. The notice will include a description of the procedures for expulsion; the procedures will be those set forth in the Student Discipline Act. b. Suspensions Pending Hearing. When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory reassignment is filed with the superintendent, the student may be suspended by the principal until the date the long-term suspension, expulsion, or mandatory reassignment takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes the report of his or her findings and a recommendation of the action to be taken to the superintendent, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers. c. Summer Review. Any expulsion that will remain in effect during the first semester of the following school year will be automatically scheduled for review before the beginning of the school year in accordance with law. d. Alternative Education: Students who are expelled may be provided an alternative education program that will enable the student to continue academic work for credit toward graduation. In the event an alternative education program is not provided, a conference will be held with the parent, student, the Principal or another school representative assigned by the Principal, and a representative of a community organization that assists young people or that is involved with juvenile justice to develop a plan for the student in accordance with law. e. Suspension of Enforcement of an Expulsion: Enforcement of an expulsion action may be suspended (i.e., “stayed”) for a period of not more than one full semester in addition to the balance of the semester in which the expulsion takes effect. As a condition of such suspended action, the student and parents will be required to sign a discipline agreement. f. Students Subject to Juvenile or Court Probation. Prior to the readmission to school of any student who is less than nineteen years of age and who is subject to the supervision of a juvenile probation officer or an adult probation officer pursuant to the order of the District Court, County Court, or Juvenile Court, who chooses to meet conditions of probation by attending school, and who has previously been expelled from school, the Principal or the Principal’s designee shall meet with the student's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehaviorPage 96 of 354 at school (including conduct on school grounds and conduct during an educational function or event off school grounds) as well as educational objectives that must be achieved. If the guidelines, consequences, and objectives provided by the Principal or the Principal’s designee are agreed to by the probation officer and the student, and the court permits the student to return to school under the agreed to conditions, the student may be permitted to return to school. The student may with proper consent, upon such return, be evaluated by the school for possible disabilities and may be referred for evaluation for possible placement in a special education program. The student may be expelled or otherwise disciplined for subsequent conduct as provided in Board policy and state statute.4. Other Forms of Student Discipline: Administrative and teaching personnel may also take actions regarding student behavior, other than removal of students from school, which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but are not limited to, counseling of students, parent conferences, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation. The actions may also include in-school suspensions. When in-school suspensions, after-school assignments, or other disciplinary measures are assigned, the student is responsible for complying with such disciplinary measures. A failure to serve such assigned discipline as directed will serve as grounds for further discipline, up to expulsion from school. B. Student Conduct Expectations. Students are not to engage in conduct which causes or which creates a reasonable likelihood that it will cause a substantial disruption in or material interference with any school function, activity or purpose or interfere with the health, safety, well being or rights of other students, staff or visitors.C. Grounds for Short-Term Suspension, Long-Term Suspension, Expulsion or Mandatory Reassignment. The following conduct has been determined by the Board of Education to have the potential to seriously affect the health, safety or welfare of students, staff and other persons or to otherwise seriously interfere with the educational process. Such conduct constitutes grounds for long-term suspension, expulsion, or mandatory reassignment, and any other lesser forms of discipline. The conduct is subject to the consequence of long-term suspension, expulsion, or mandatory reassignment where it occurs on school grounds, in a vehicle owned, leased, or contracted by the school and being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or an employee’s designee, or at a school-sponsored activity or athletic event. 1. Willfully disobeying any reasonable written or oral request of a school staff member, or the voicing of disrespect to those in authority. Page 97 of 354 2. Use of violence, force, coercion, threat, intimidation, harassment, or similar conduct in a manner that constitutes a substantial interference with school purposes or making any communication that a reasonable recipient would interpret as a serious expression of an intent to harm or cause injury to another. 3. Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, repeated damage or theft involving property, or setting or attempting to set a fire of any magnitude. 4. Causing or attempting to cause personal injury to any person, including any school employee, school volunteer, or student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this subdivision. 5. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student or making a threat which causes or may be expected to cause a disruption to school operations. 6. Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon or that has the appearance of a weapon or bringing or possessing any explosive device, including fireworks. 7. Engaging in selling, using, possessing or dispensing of alcohol, tobacco, narcotics, drugs, controlled substance, or an inhalant; being under the influence of any of the above; possession of drug paraphernalia, or the selling, using, possessing, or dispensing of an imitation controlled substance as defined in section 28-401 of the Nebraska statutes, or material represented to be alcohol, narcotics, drugs, a controlled substance or inhalant. Tobacco means any tobacco product (including but not limited to cigarettes, cigars, and chewing tobacco), vapor products (such as e-cigarettes), alternative nicotine products, tobacco product look-alikes, and products intended to replicate tobacco products either by appearance or effect. Use of a controlled substance in the manner prescribed for the student by the student’s physician is not a violation. The term “under the influence” has a less strict meaning than it does under criminal law; for school purposes, the term means any level of impairment and includes even the odor of alcohol or illegal substances on the breath or person of a student; also, it includes being impaired by reason of the abuse of any material used as a stimulant. 8. Public indecency or sexual conduct. 9. Engaging in bullying, which includes any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or a school employee’s designee, or at school-sponsored activities or school-sponsored athletic events. 10. Sexually assaulting or attempting to sexually assault any person. This conduct may result in an expulsion regardless of the time or location of the offense if a complaint alleging such conduct is filed in a court of competent jurisdiction. 11. Engaging in any activity forbidden by law which constitutes a danger to other students or interferes with school purposes. This conduct may result in an expulsion regardless of the time or location of the offense if the conduct creates orPage 98 of 354 had the potential to create a substantial interference with school purposes, such as the use of the telephone or internet off-school grounds to threaten. 12. A repeated violation of any rules established by the school district or school officials if such violations constitute a substantial interference with school purposes. 13. Truancy or failure to attend assigned classes or assigned activities; or tardiness to school, assigned classes or assigned activities. 14. The use of language, written or oral, or conduct, including gestures, which is profane or abusive to students or staff members. Profane or abusive language or conduct includes, but is not limited to, that which is commonly understood and intended to be derogatory toward a group or individual based upon race, gender, disability, national origin, or religion. 15. Dressing or grooming in a manner which is dangerous to the student's health and safety or a danger to the health and safety of others or repeated violations of the student dress and grooming standards; dressing, grooming, or engaging in speech that is lewd or indecent, vulgar or plainly offensive; dressing, grooming, or engaging in speech that school officials reasonably conclude will materially and substantially disrupt the work and discipline of the school; dressing, grooming, or engaging in speech that a reasonable observer would interpret as advocating illegal drug use. 16. Willfully violating the behavioral expectations for riding school buses or vehicles. 17. A student who engages in the following conduct shall be expelled for the remainder of the school year in which it took effect if the misconduct occurs during the first semester, and if the expulsion for such conduct takes place during the second semester, the expulsion shall remain in effect for the first semester of the following school year, with the condition that such action may be modified or terminated by the school district during the expulsion period on such terms as the administration may establish: a. The knowing and intentional use of force in causing or attempting to cause personal injury to a school employee, school volunteer, or student, except if caused by accident, self-defense, or on the reasonable belief that the force used was necessary to protect some other person and the extent of force used was reasonably believed to be necessary, or b. The knowing and intentional possession, use, or transmission of a dangerous weapon other than a firearm. 18. Knowingly and intentionally possessing, using, or transmitting a firearm on school grounds, in a school-owned or utilized vehicle, or during an educational function or event off school grounds, or at a school-sponsored activity or athletic event. This conduct shall result in an expulsion for one calendar year. “Firearm” means a firearm as defined in 18 U.S.C. 921, as that statute existed on January 1, 1995. That statute includes the following statement: “The term ‘firearm’ means (a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer;Page 99 of 354 or (d) any destructive device.” The Superintendent may modify such one year expulsion requirement on a case-by-case basis, provided that such modification is in writing. Bringing a firearm or other dangerous weapon to school for any reason is discouraged; however, a student will not be subject to disciplinary action if the item is brought or possessed under the following conditions: a. Prior written permission to bring the firearm or other dangerous weapon to school is obtained from the student's teacher, building administrator and parent. b. The purpose of having the firearm or other dangerous weapon in school is for a legitimate educational function. c. A plan for its transportation into and from the school, its storage while in the school building and how it will be displayed must be developed with the prior written approval by the teacher and building administrator. Such plan shall require that such item will be in the possession of an adult staff member at all times except for such limited time as is necessary to fulfill the educational function. d. The firearm or other dangerous weapon shall be in an inoperable condition while it is on school grounds.D. Additional Student Conduct Expectations and Grounds for Discipline. The following additional student conduct expectations are established. Failure to comply with such rules is grounds for disciplinary action. When such conduct occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, the conduct is grounds for long-term suspension, expulsion or mandatory reassignment.1. Student Appearance: Students are expected to dress in a way that is appropriate for the school setting. Students should not dress in a manner that is dangerous to the health and safety of anyone or interferes with the learning environment or teaching process in our school. Following is a list of examples of attire that will not be considered appropriate, such list is not exclusive and other forms of attire deemed inappropriate by the administration may be deemed inappropriate for the school setting: a. Clothing that shows an inappropriate amount of bare skin or underwear (midriffs, spaghetti straps, sagging pants) or clothing that is too tight, revealing or baggy, or tops and bottoms that do not overlap or any material that is sheer or lightweight enough to be seen through, or otherwise of an appropriate size and fit so as to be revealing or drag on the ground. b. Clothing or jewelry that advertises or promotes beer, alcohol, tobacco, or illegal drugs. c. Clothing or jewelry that could be used as a weapon (chains, spiked apparel) or that would encourage “horse-play” or that would damage property (e.g. cleats).Page 100 of 354 d. Head wear including hats, caps, bandannas, and scarves. e. Clothing or jewelry which exhibits nudity, makes sexual references or carries lewd, indecent, or vulgar double meaning. f. Clothing or jewelry that is gang related.Consideration will be made for students who wear special clothing as required by religious beliefs, disability, or to convey a particularized message protected by law. The final decision regarding attire and grooming will be made by the Principal or Superintendent. In the event a student is uncertain as to whether a particular item or method of grooming is consistent with the school’s guidelines, the student should contact the Principal for approval, and may also review such additional posting of prohibited items or grooming which may be available in the Principal’s office.Coaches, sponsors or teachers may have additional requirements for students who are in special lab classes, students who are participants in performing groups or students who are representing the school as part of an extracurricular activity program. On a first offense of the dress code, the student may call home for proper apparel. If clothes cannot be brought to school, the student will be assigned to in-school suspension for the remainder of the day. Students will not be allowed to leave campus to change clothes. Continual violations of the dress code will result in more stringent disciplinary actions, up to expulsion. Further, in the event the dress code violation is determined to also violate other student conduct rules (e.g., public indecency, insubordination, expression of profanity, and the like), a first offense of the dress code may result in more stringent discipline, up to expulsion.2. Academic Integrity. a. Policy Statement: Students are expected to abide by the standards of academic integrity established by their teachers and school administration. Standards of academic integrity are established in order for students to learn as much as possible from instruction, for students to be given grades which accurately reflect the student’s level of learning and progress, to provide a level playing field for all students, and to develop appropriate values. Cheating and plagiarism violate the standards of academic integrity. Sanctions will be imposed against students who engage in such conduct. b. Definitions: The following definitions provide a guide to the standards of academic integrity: (1) “Cheating” means intentionally misrepresenting the source, nature, or other conditions of academic work so as to accrue undeservedPage 101 of 354 credit, or to cooperate with someone else in such misrepresentation. Such misrepresentations may, but need not necessarily, involve the work of others. Cheating includes, but is not limited to: (a) Tests (includes tests, quizzes and other examinations or academic performances): (i) Advance Information: Obtaining, reviewing or sharing copies of tests or information about a test before these are distributed for student use by the instructor. For example, a student engages in cheating if, after having taken a test, the student informs other students in a later section of the questions that appear on the test. (ii) Use of Unauthorized Materials: Using notes, textbooks, pre-programmed formulae in calculators, or other unauthorized material, devices or information while taking a test except as expressly permitted. For example, except for “open book” tests, a student engages in cheating if the student looks at personal notes or the textbook during the test. (iii) Use of Other Student Answers: Copying or looking at another student’s answers or work, or sharing answers or work with another student, when taking a test, except as expressly permitted. For example, a student engages in cheating if the student looks at another student’s paper during a test. A student also engages in cheating if the student tells another student answers during a test or while exiting the testing room, or knowingly allows another student to look at the student’s answers on the test paper. (iv) Use of Other Student to Take Test. Having another person take one's place for a test, or taking a test for another student, without the specific knowledge and permission of the instructor. (v) Misrepresenting Need to Delay Test. Presenting false or incomplete information in order to postpone or avoid the taking of a test. For example, a student engages in cheating if the student misses class on the day of a test, claiming to be sick, when the student’s real reason for missing class was because the student was not prepared for the test.(b) Papers (includes papers, essays, lab projects, and other similar academic work):Page 102 of 354 i) Use of Another’s Paper: Copying another student’s paper, using a paper from an essay writing service, or allowing another student to copy a paper, without the specific knowledge and permission of the instructor. (ii) Re-use of One’s Own Papers: Using a substantial portion of a piece of work previously submitted for another course or program to meet the requirements of the present course or program without notifying the instructor to whom the work is presented. (iii) Assistance from Others: Having another person assist with the paper to such an extent that the work does not truly reflect the student’s work. For example, a student engages in cheating if the student has a draft essay reviewed by the student’s parent or sibling, and the essay is substantially re-written by the student’s parent or sibling. Assistance from home is encouraged, but the work must remain the student’s. (iv) Failure to Contribute to Group Projects. Accepting credit for a group project in which the student failed to contribute a fair share of the work. (v) Misrepresenting Need to Delay Paper. Presenting false or incomplete information in order to postpone or avoid turning in a paper when due. For example, a student engages in cheating if the student misses class on the day a paper is due, claiming to be sick, when the student’s real reason for missing class was because the student had not finished the paper.(c) Alteration of Assigned Grades. Any unauthorized alteration of assigned grades by a student in the teacher’s grade book or the school records is a serious form of cheating. (2) “Plagiarism” means to take and present as one's own a material portion of the ideas or words of another or to present as one's own an idea or work derived from an existing source without full and proper credit to the source of the ideas, words, or works. Plagiarism includes, but is not limited to: (a) Failure to Credit Sources: Copying work (words, sentences, and paragraphs or illustrations or models) directly from the work of another without proper credit.Page 103 of 354 Academic work frequently involves use of outside sources. To avoid plagiarism, the student must either place the work in quotations or give a citation to the outside source. (b) Falsely Presenting Work as One’s Own: Presenting work prepared by another in final or draft form as one's own without citing the source, such as the use of purchased research papers or use of another student’s paper.(3) “Contributing” to academic integrity violations means to participate in or assist another in cheating or plagiarism. It includes but is not limited to allowing another student to look at your test answers, to copy your papers or lab projects, and to fail to report a known act of cheating or plagiarism to the instructor or administration. c. Sanctions: The following sanctions will occur when a student engages in cheating, plagiarism, or contributing to an academic integrity offense: (1) Academic Sanction. The instructor will refuse to accept the student’s work in which the academic integrity offense took place, assign a grade of "F" or zero for the work, and require the student to complete a test or project in place of the work within such time and under such conditions as the instructor may determine appropriate. In the event the student completes the replacement test or project at a level meeting minimum performance standards, the instructor will assign a grade which the instructor determines to be appropriate for the work. (2) Report to Parents and Administration. The instructor will notify the Principal of the offense and the instructor or Principal will notify the student’s parents or guardian. (3) Student Discipline Sanctions. Academic integrity offenses are a violation of school rules. The Principal may recommend sanctions in addition to those assigned by the instructor, up to and including suspension or expulsion. Such additional sanctions will be given strong consideration where a student has engaged in serious or repeated academic integrity offense or other rule violations, and where the academic sanction is otherwise not a sufficient remedy, such as for offenses involving altering assigned grades or contributing to academic integrity violations. 3. Electronic Devices a. Philosophy and Purpose. The District strongly discourages students from bringing and/or using electronic devices at school. The use of electronic devices can be disruptive to the educational process and are items that are frequently lost or stolen. In order to maintain a secure and orderly learning environment, and to promote respect and courtesy regarding thePage 104 of 354 use of electronic devices, the District hereby establishes the following rules and regulations governing student use of electronic devices, and procedures to address student misuse of electronic devices. b. Definitions. (1) “Electronic devices” include, but are not limited to, cell phones, Mp3 players, iPods, personal digital assistants (PDAs), compact disc players, portable game consoles, cameras, digital scanners, lap top computers, and other electronic or battery powered instruments which transmit voice, text, or data from one person to another. (2) “Sexting” means generating, sending or receiving, encouraging others to send or receive, or showing others, through an electronic device, a text message, photograph, video or other medium that: (i) Displays sexual content, including erotic nudity, any display of genitalia, unclothed female breasts, or unclothed buttocks, or any sexually explicit conduct as defined at Neb. Rev. Stat. § 28-1463.02; or (ii) Sexually exploits a person, whether or not such person has given consent to creation or distribution of the message, photograph or video by permitting, allowing, encouraging, disseminating, distributing, or forcing such student or other person to engage in sexually explicit, obscene or pornographic photography, films, or depictions; or, (iii) Displays a sexually explicit message for sexual gratification, flirtation or provocation, or to request or arrange a sexual encounter. c. Possession and Use of Electronic Devices. (1) Students are not permitted to possess or use any electronic devices during class time or during passing time except as otherwise provided by this policy. Cell phone usage is strictly prohibited during any class period; including voice usage, digital imaging, or text messaging. (2) Students are permitted to possess and use electronic devices before school hours, at lunch time, and after school hours, provided that the student not commit any abusive use of the device (see paragraph (d)(1). Administrators have the discretion to prohibit student possession or use of electronic devices on school grounds during these times in the event the administration determines such further restrictions are appropriate; an announcement will be given in the event of such a change in permitted use. (3) Electronic devices may be used during class time when specifically approved by the teacher or a school administrator in conjunction with appropriate and authorized class or schoolPage 105 of 354 activities or events (i.e., student use of a camera during a photography class) (4) Students may use electronic devices during class time when authorized pursuant to an Individual Education Plan (IEP), a Section 504 Accommodation Plan, or a Health Care Plan, or pursuant to a plan developed with the student’s parent when the student has a compelling need to have the device (e.g., a student whose parent is in the hospital could be allowed limited use of the cell phone for family contacts, so the family can give the student updates on the parent’s condition). d. Violations (1) Prohibited Use of Electronic Devices: Students shall not use electronic devices for: (a) activities which disrupt the educational environment; (b) illegal activities in violation of state or federal laws or regulations; (c) unethical activities, such as cheating on assignments or tests; (d) immoral or pornographic activities; (e) activities in violation of Board or school policies and procedures relating to student conduct and harassment; (f) recording others (photographs, videotaping, sound recording, etc.) without direct administrative approval and consent of the person(s) being recorded, other than recording of persons participating in school activities that are open to the public; (g) “sexting;” or (h) activities which invade the privacy of others. Such student misuses will be dealt with as serious school violations, and immediate and appropriate disciplinary action will be imposed, including, but not limited to, suspension and expulsion from school. (2) Disposition of Confiscated Electronic Devices: Electronic devices possessed or used in violation of this policy may be confiscated by school personnel and returned to the student or parent/guardian at an appropriate time. If an electronic device is confiscated, the electronic device shall be taken to the school’s main office to be identified, placed in a secure area, and returned to the student and/or the student’s parent/guardian in a consistent and orderly way. (i) First Violation: Depending upon the nature of the violation and the imposition of other appropriate disciplinary action, consequences at a minimum may include a relinquishment of the electronic device to the school administration and a conference between the student and school principal or assistant principal. The electronic device shall remain in the possession of the school administration until such time as the student personally comes to the school’s main office and retrieves the electronic device.Page 106 of 354 (ii) Second Violation: Depending upon the nature of the violation and the imposition of other appropriate disciplinary action, consequences at a minimum may include a relinquishment of the electronic device to the school administration and a conference between the student and his/her parent/guardian and the school principal or assistant principal. The electronic device shall remain in the possession of the school administration until such time as the student’s parent/guardian personally comes to the school’s main office and retrieves the electronic device. (iii) Third Violation: Depending upon the nature of the violation and the imposition of other appropriate disciplinary action, consequences at a minimum may include a relinquishment of the electronic device to the school administration, a conference between the student and his/her parent/guardian and the school principal or assistant principal, and suspension of the student from school. The electronic device shall remain in the possession of the school administration until such time as the student’s parent/guardian personally comes to the school’s main office and retrieves the electronic device.(3) Penalties for Prohibited Use of Electronic Devices: Students who receive a “sexting” message are to report the matter to a school administrator and then delete such message from their electronic device. Students shall not participate in sexting or have any “sexting” message on their electronic devices regardless of when the message was received while on school grounds or at a school activity. Students who violate the prohibitions of this policy shall be subject to the imposition of appropriate disciplinary action, up to and including expulsion, provided that at a minimum the following penalties shall be imposed: (i) Students found in possession of a “sexting” message shall be subject to a one (1) day suspension from school. (ii) Students who send or encourage another to send a “sexting” message shall be subject to a five (5) day suspension from school.(4) Reporting to Law Enforcement: Violations of this policy regarding the prohibited use of electronic devices that may constitute a violation of federal or state laws and regulations, including, but not limited to, the Nebraska Child Protection Act or the Nebraska Child Pornography Prevention Act shall be reported to appropriate legal authorities and law enforcement.Page 107 of 354 e. Responsibility for Electronic Devices. Students or their parents/guardians are expected to claim a confiscated electronic device within ten (10) days of the date it was relinquished. The school shall not be responsible, financially or otherwise, for any unclaimed electronic devices. By bringing such devices to school, students and parents authorize the school to dispose of unclaimed devices at the end of each semester. The District is not responsible for the security and safekeeping of students’ electronic devices and is not financially responsible for any damage, destruction, or loss of electronic devices. E. Inappropriate Public Displays of Affection (IPDA): Students are not to engage in inappropriate public displays of affection on school property or at school activities. Such conduct includes kissing, touching, fondling or other displays of affection that would be reasonably considered to be embarrassing or a distraction to others. If this type of behavior continues, or if the IPDA is lewd or constitutes sexual conduct, the student could face long-term suspension or expulsion.F. Specific Rule Items: The following conduct may result in disciplinary action which, in the repeated violations, may result in discipline up to expulsion: 1. Students in the hallway during class time must have a pass with them. 2. Candy, seeds, etc. are not allowed in the school building or classrooms. 3. Students are expected to bring all books and necessary materials to class. This includes study halls. 4. Assignments for all classes are due as assigned by the teacher. 5. Classes are ended by the teacher. Students are not to begin to pack up or leave the class until the dismissal bell has rung or the teacher has dismissed the class. 6. Students are to be in their seats and ready for class on the tardy bell. 7. Special classes such as Industrial Technology, Art, P.E., and computer courses will have other safety or clean-up rules that will be explained to students by that teacher which must be followed. 8. Students are not to bring “nuisance items” to school. A nuisance item is something that is not required for educational purposes and which would cause a distraction to the student or others. 9. Snow handling is prohibited. G. Law Violations1. Cases of law violations or suspected law violations by students will be reported to the police and to the student's parents or guardian as soon as possible.Page 108 of 3542. When a principal or other school official releases a minor student to a peace officer (e.g., police officer, sheriff, and all other persons with similar authority to make arrests) for the purpose of removing the minor from the school premises, the principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer and regarding the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse, in which case the principal or other school official shall provide the peace officer with the address and telephone number of the minor's parents or guardian. 3. In an effort to demonstrate that student behavior is always subject to possible legal sanctions regardless of where the behavior occurs it is the District’s policy to notify the proper legal authorities when a student engages in any of the following behaviors on school grounds or at a school sponsored event: (a) Knowingly possessing illegal drugs or alcohol. (b) Aggravated or felonious assault. (c) Vandalism resulting in significant property damage. (d) Theft of school or personal property of a significant nature. (e) Automobile accident. (f) Any other behavior which significantly threatens the health or safety of students or other persons, and such other offenses which are required to be reported by law. When appropriate, it shall be the responsibility of the referring administrator to contact the student's parent of the fact that the referral to legal authorities has been or will be made.Legal Reference: Neb. Rev. Stat. '' 79-254 to 79-296 Date of Adoption: ___March____, 2014502.2a FIREARMS AND DESTRUCTIVE DEVICESFirearms and Destructive Devices:It is the intent of the board of education of the Pleasanton Public School District No. 10-0105 that this policy meet all the requirements as set forth by: (1) the Elementary and Secondary Education Act of 1965 and amended by the Gun-Free Schools Act of 1994, (2) LB-988 and LB-1250 enacted by the 1994 session of the Nebraska State Legislature, (3) any Nebraska statutes relating to firearms or weapons in schools, and (4) all policies and regulations of this school district which may relate to firearms, weapons, and the suspension or expulsion of students from school or the suspension or termination of individuals employed by the school district. In the event that this policy would conflict with any state or federal statute, the state or federal statute shall prevail.DEFINITIONS:Firearm: Any device, which is designed to, or may readily be converted, to expel a projectile by the action of an explosive substance or by the use of compressed gas or air. This includes, but may not be limited to, rifles, machine guns, shotguns, or pistols, BB or CO2 guns, guns which have been altered, or any other device which could propel a projectile that could be used as a device which may threaten one's safety or well-being when not being used in the manner for which it was intended.Destructive Device: Any device, including knives (used, brandished or possessed by students), bombs, grenades, rockets, mines, missiles, fire crackers, shells designed to explode upon impact, or any other object which may be determined by school officials as having the capability of inflicting bodily injury or which could be used to threaten the safety of others if not used for its intended purpose.It is the responsibility of the board of education to provide a safe work place for students attending this school and for the employees working in this school district. Therefore, school employees will undertake all reasonable efforts to prohibit the unlawful possession, the knowingly and intentionally selling or attempting to sell, exchanging, leaning, delivering, or any other way of transferring the possession of a firearm to a juvenile or between adults while on school property, in a school owned vehicle, at school sponsored activities, or at any school event.If a firearm is used for instructional purposes, it shall be transported to and from the classroom or instructional area by the instructor or by an adult school district employee designated by the instructor. Any firearms being transported to the instruction area shall be unloaded and kept in cases expresses made for the purpose of containing firearms. These cases shall be completely zipped, snapped, buckled, tied or otherwise kept fastened so that no part of a firearm is exposed. The principal or superintendent shall be notified of the time and place for any instruction involving any firearms.Excluded from this policy are tools or devices expressly used for instructional purposes or aides. This includes hammers or staplers powered by electricity or compressed air, guns used to embed nails into concrete or masonry products, or other similarly powered tools. However, students using such tools shall have received instruction on how these tools are used and the appropriate safety precautions. These tools or devices shall only be operated while a certificated instructor is supervising the students.Any firearm in private vehicles of non-student adults entering school property shall be unloaded and kept in a case that is expressly made for the purpose of containing a firearm. This case shall be completely zipped, buckled, tied or otherwise kept fastened so that no part of a firearm is exposed.Any student possessing any type of firearm, either on his or her person, in a locker assigned to the student, in his or her vehicle while on school property, at a school-sponsored activity, or at any school event, shall be expelled from school for a period of time not to exceed one year, or for a period of time otherwise designated by law.Any school employee not authorized by the Superintendent to possess any type of firearm, either on his or her person, or by leaving it in any area of the school, including his or her vehicle while on school property, shall be dismissed from service.School administrative or teaching personnel are authorized to confiscate without warrant any firearm or dangerous weapon and school officials shall notify as soon as possible the appropriate law enforcement authorities of any act described in this policy which the school official knows or suspects is a violation of the Nebraska Criminal Code. Any weapons confiscated shall be turned over to the law enforcement authorities for their disposition.Since school lockers belong to the school district and are normally used by students as a convenience for storing books, garments not immediately needed while the student is in school, and other school- related items, school administrators may search any locker being used by a student if it is thought that the locker may contain any illegal items, contraband materials, or other items deemed inappropriate for students to have while on school property.Any student who may threaten the safety of any person while on school property, in a school-owned vehicle, at school-sponsored activities, or at any school event with a knife or any other weapon or object that could inflict a wound or cause bodily harm, shall be given a long-term suspension or be expelled from school. The length of the suspension or expulsion shall be determined by school officials based upon the severity of the case or number of times the threats have occurred.Any student suspended or expelled from school pursuant to this policy may, within five (5) days, request a hearing as set forth by the Student Discipline Act.Any student suspended from school pursuant to this policy shall be given an opportunity to complete any class work, including, but not limited to examinations missed during the period of suspension. Any student expelled from school pursuant to this policy shall not be given an opportunity to complete any class work, including examinations, missed during the period of expulsion unless State or Federal statutes mandate alternative education.Upon the suspension or expulsion of a student from school pursuant to this policy, school officials shall notify the student and the student's parents or guardians in a manner prescribed by the Student Discipline Policy.This policy shall not apply to the issuance of or the possession of firearms by members of the Armed Services of the United States, active or reserve, the National Guard of the State, or Reserve Officers Training Corp., peace officers, or other duly authorized law enforcement officers when on duty.Legal Reference: 70-4,170 through Student Suspension and Expulsion79-4,205 Procedures and Appeal Process.LB-988 Approved by the 1994 Session of the Nebraska Legislature.LB-1250 Approved by the 1994 Session of the Nebraska Legislature.ESSAY Act of 1965 as Amended by Title VIII-The Gun Free School Act of 1994502.3 SmokingSmoking is not permitted by any student, or adult in the school or on school grounds. This includes the parking lot, playground, and around or in any of the school buildings.502.4 Drugs and AlcoholPHILOSOPHY ON STUDENT ALCOHOL AND OTHER DRUG ABUSEThe Pleasanton School district recognizes that the use of alcohol and other drugs, and the problems associated with it, are becoming increasingly commonplace in our society. The school district recognizes that in many instances a person's misuse or abuse of alcohol and other drugs can lead to the illness of alcoholism and other chemical dependencies. However, if the use is identified early and treated appropriately, treatment is usually more successful.The Pleasanton School District also recognizes that the misuse or abuse of alcohol and other drugs often precedes more severe dependencies. At some point, an individual's use of alcohol and other drugs may be deemed destructive to him/herself or others, causing problems in their daily lives. Where the capacity to make responsible decisions regarding alcohol and other drug use has been reduced or compromised, prompt and appropriate attention can help the vast majority of individuals involved.The Pleasanton School District regards alcohol and other drug abuse, addiction, or dependency as it does any other behavioral/medical problem. Our primary purpose is to be helpful, not judgmental in dealing with these problems.The Pleasanton School District believes that along with parents and other segments of the community, the school has a role to play in helping students to make responsible decisions about the use of alcohol and drugs. Therefore, the Pleasanton School District wishes to cooperate with all segments of the community in making the means of assistance available to those individuals who do develop alcohol and other drug related disabilities.502.4 Drugs and/or Alcohol Policy (Use, delivery, transfer, or sale of illegal substances) Student Assistance Program PolicyThe Pleasanton School district establishes a program to provide assistance and support for students affected by drug, controlled substances and/or alcohol-related involvement.The possession, consumption, delivery, transfer, or sale of alcoholic beverages or being under the influence of alcoholic beverages or illegal use of drugs or the possession of drug paraphernalia on any school property or any school function is strictly prohibited. School property shall be defined as real estate or vehicles owned or operated by the school.The use of prescription medications is to be construed as an exception to this policy when used by the individual for whom they are prescribed, when used in the manner and amounts prescribed, and when used in accordance with other school policies governing student medications.FIRST OFFENSE: Parents will be contacted immediately upon verification of the violation. The student will be suspended for three (3) days, and will be ineligible for participation in or attendance at all extra-curricular activities for the period.SECOND OFFENSE: The student and family agree to a drug and alcohol assessment at their own expense. This assessment shall be provided at a state approved alcohol/drug agency in the community and conducted by a Certified Alcoholism/Drug Abuse Counselor. The student and family agree to follow the Counselor's recommendations satisfactorily. The school requires written confirmation that an assessment has been made and a program will be initiated for the student. The student will be ineligible for participation in all extra-curricular activities for the remainder of the school year.THIRD OFFENSE: Parents and law enforcement will be contacted immediately upon verification of the violation. A recommendation for expulsion will be made to the Board of Education.All state statutes regarding student expulsion and suspension will be enforced. The Board of Education's protection from liability will be extended to all staff to the extent that they act in accordance with this policy and observe the procedures consistent with it established within their respective buildings.502.5 Tobacco PolicyThe use or possession of tobacco by students is not allowed.No student shall use or possess tobacco in the school building, or on school property. Students shall not smoke or possess tobacco at any school function, or on a class or group excursion, such as music events, field trips, and athletic events.Parents shall be notified on the first offense along with other disciplinary procedures.502.6 Anti-Bullying PolicyOne of the missions of the District is to provide a physically safe and emotionally secure environment for students and staff. The administration and staff are to implement strategies and practices to reinforce and encourage positive behaviors by students. Positive behaviors include non-violence, cooperation, teamwork, understanding, and acceptance of others.The administration and staff are to implement strategies and practices to identify and prevent inappropriate behaviors by all students, including anti-bullying education for all students. Inappropriate behaviors include bullying, intimidation, and harassment. Bullying means any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by the school being used for a school purpose by a school employee or designee, or at school-sponsored activities or school-sponsored athletic events. The school district shall review the anti-bullying policy annually.Legal Reference: Laws 2008, LB 205 Student Discipline Act, Neb. Rev. Stat. '' 79-254 to 79-296 NDE February 2003 State Board Action; Reaffirmed December 2005 Date of Adoption: __July______, 2008502.7 Dating ViolencePleasanton Public Schools strives to provide physically safe and emotionally secure environments for all students and staff. Positive behaviors are encouraged in the educational program and are required of all students and staff. Dating violence will not be tolerated.For purposes of this policy “dating violence” means a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal, or emotional abuse to control his or her dating partner. “Dating partner” means any person, regardless of gender, involved in an intimate relationship with another person primarily characterized by the expectation of affectionate involvement whether casual, serious, or long term. Incidents of dating violence involving students at school will be addressed as the administration determines appropriate, within the scope and subject to the limits of the District’s authority. Staff training on dating violence shall be provided as deemed appropriate by the administration. The dating violence training shall include, but need not be limited to, basic awareness of dating violence, warning signs of dating violence, and the District's dating violence policy.Dating violence education that is age-appropriate shall be incorporated into the school program. Dating violence education shall include, but not be limited to, defining dating violence, recognizing dating violence warning signs, and identifying characteristics of healthy dating relationships.The administration will be responsible for ensuring that this dating violence policy is published in the school district’s student-parent handbook or an equivalent such publication. Parents and legal guardians shall be informed of the dating violence policy by such other means as the administration determines appropriate. If requested, parents or legal guardians shall be provided a copy of the dating violence policy and relevant information.Legal Reference: Neb. Rev. Stat. §§ 79-2,139 to 79-2,142Date of Adoption: __June , 2010502.8 Students (& Employees) - Anti-discrimination, Anti-harassment, and Anti-retaliationA. Elimination of Discrimination.The Pleasanton Public School District hereby gives this statement of compliance and intends to comply with all state and federal laws prohibiting discrimination. This school district intends to take any measures to assure compliance with such laws against any prohibited form of discrimination. The Pleasanton Public School District does not discriminate on the basis of race, color, national origin, sex, disability, religion, age or other protected status in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following persons have been designated to handle inquiries regarding the non-discrimination policies: Students: Ricci Westland, Principal PO Box 190, Pleasanton NE 68866 (308) 388-2041 ([email protected]).Employees and Others: Ron Wymore, Superintendent PO Box 190, Pleasanton, NE 68866 (308) 388-2041 ([email protected]). Complaints or concerns involving discrimination or needs for accommodation or access should be addressed to the appropriate Coordinator. For further information about anti-discrimination laws and regulations, or to file a complaint of discrimination with the Office for Civil Rights in the U.S. Department of Education (OCR), please contact OCR at 8930 Ward Parkway, Suite 2037, Kansas City, Missouri 64114, (816) 268-0550 (voice), or (877) 521-2172 (telecommunications device for the deaf), or [email protected].B. Prohibited Harassment, Discrimination, and Retaliation of Employees, Students and Others.1. Purpose: The Pleasanton Public School District is committed to offering employment and educational opportunity to its employees and students in a climate free of discrimination. Accordingly, unlawful discrimination, harassment and retaliation of any kind by District employees, including, co-workers, non-employees (such as volunteers), third parties, and others is strictly prohibited and will not be tolerated. Harassment is a form of discrimination and includes verbal, non-verbal, written, graphic, or physical conduct relating to a person's race, color, national origin, religion, disability, age, sex, or other protected category, that is sufficiently serious to deny, interfere with, or limit a person's ability to participate in or benefit from an educational or work program or activity, including, but not limited to: a. Conduct that is sufficiently severe or pervasive to create an intimidating, hostile, or abusive educational or work environment, or b. Requiring an individual to endure the offensive conduct as a condition of continued employment or educational programs or activities, including the receipt of aids, benefits, and services.Educational programs and activities include all academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school's facilities, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere.Discriminatory harassment because of a person's race, color, national origin, religion, disability, age, sex, or other protected category, may include, but is not limited to: a. Name-calling, b. Teasing or taunting, c. Insults, slurs, or derogatory names or remarks, d. Demeaning jokes, e. Inappropriate gestures, f. Graffiti or inappropriate written or electronic material, g. Visual displays, such as cartoons, posters, or electronic images, h. Threats or intimidating or hostile conduct, i. Physical acts of aggression, assault, or violence, or j. Criminal offensesThe following examples are additional or more specific examples of conduct that may constitute sexual harassment: a. Unwelcome sexual advances or propositions, b. Requests or pressure for sexual favors, c. Comments about an individual’s body, sexual activity, or sexual attractiveness, d. Physical contact or touching of a sexual nature, including touching intimate body parts and inappropriate patting, pinching, rubbing, or brushing against another's body, e. Physical sexual acts of aggression, assault, or violence, including criminal offenses (such as rape, sexual assault or battery, and sexually motivated stalking), against a person’s will or where a person is incapable of giving consent due to the victim’s age, intellectual disability, or use of drugs or alcohol, f. Requiring sexual favors or contact in exchange for aids, benefits, or services, such as grades, awards, privileges, promotions, etc., or g. Gender-based harassment; acts of verbal, nonverbal, written, graphic, or physical conduct based on sex or sex-stereotyping, but not involving conduct of a sexual nature.If the District knows or reasonably should know about possible harassment, including violence, the District will conduct a prompt, adequate, reliable, thorough, and impartial investigation to determine whether unlawful harassment occurred (see section entitled “Grievance Procedures,” below), and take appropriate interim measures, if necessary. If the District determines that unlawful harassment occurred, the District will take prompt and effective action to eliminate the harassment, prevent its recurrence, and remedy its effects, if appropriate. If harassment or violence that occurs off school property creates a hostile environment at school, the District will follow this policy and grievance procedure, within the scope of its authority.All District employees are expected to take prompt and appropriate actions to report and prevent discrimination, harassment, and retaliation by others. Employees who witness or become aware of possible discrimination, including harassment and retaliation, must immediately report the conduct to his or her supervisor or the compliance coordinator designated to handle complaints of discrimination (designated compliance coordinator). 2. Anti-retaliation: The District prohibits retaliation, intimidation, threats, coercion, or discrimination against any person for opposing discrimination, including harassment, or for participating in the District's discrimination complaint process or making a complaint, testifying, assisting, or participating in any manner, in an investigation, proceeding, or hearing. Retaliation is a form of discrimination. The District will take immediate steps to stop retaliation and prevent its recurrence against the alleged victim and any person associated with the alleged victim. These steps will include, but are not limited to, notifying students, employees, and others, that they are protected from retaliation, ensuring that they know how to report future complaints, and initiating follow-up contact with the complainant to determine if any additional acts of discrimination, harassment, or retaliation have occurred. If retaliation occurs, the District will take prompt and strong responsive action, including possible discipline, including expulsion or termination, if applicable. 3. Grievance (or Complaint) Procedures: Employees or students should initially report all instances of discrimination, harassment or retaliation to their immediate supervisor or teacher or to the compliance coordinator designated to handle complaints of discrimination (designated coordinator). If the employee or student is uncomfortable in presenting the problem to the supervisor or teacher, or if the supervisor or teacher is the problem, the employee or student may report the alleged discrimination, harassment or retaliation (“discrimination”) to the designated coordinator, or in the case of students, to another staff person (such as a counselor or principal).Other individuals may report alleged discrimination to the designated coordinator. If the designated coordinator is the person alleged to have committed the discriminatory act, then the complaint should be submitted to the Superintendent for assignment. A discrimination complaint form is attached to this grievance procedure and is available in the office of each District building, on the District's website, and from the designated coordinators.District employees, supervisors and administrators must immediately report any complaints, reports, observations, or other information of alleged discrimination to the designated coordinator, even if that District employee is investigating the alleged discrimination as part of the District's student or employee disciplinary process, and provide the complainant with information for filing a complaint of discrimination, including a complaint form if requested, and contact information for the District's designated coordinator. If the District uses its disciplinary procedures to investigate and resolve an alleged discrimination complaint, those disciplinary procedures will comply with the District's standards for a prompt and equitable grievance procedure outlined in section B.2., below.Under no circumstances will a person filing a complaint or grievance involving discrimination be retaliated against for filing the complaint or grievance. ii. Level 1 (Investigation and Findings): Once the District receives a grievance, complaint or report alleging discrimination, harassment, or retaliation, or becomes aware of possible discriminatory conduct, the District will conduct a prompt, adequate, reliable, thorough, and impartial investigation to determine whether unlawful harassment occurred. If necessary, the District will take immediate, interim action or measures to protect the alleged victim and prevent further potential discrimination, harassment, or retaliation during the pending investigation. The alleged victim will be notified of his or her options to avoid contact with the alleged harasser, such as changing a class or prohibiting the alleged harasser from having any contact with the alleged victim pending the result of the District’s investigation. The District will minimize any burden on the alleged victim when taking interim measures to protect the alleged victim.The District will investigate all complaints of discrimination, even if an outside entity or law enforcement agency is investigating a complaint involving the same facts and allegations. The District will not wait for the conclusion or outcome of a criminal investigation or proceeding to begin an investigation required by this grievance procedure. If the allegation(s) involve possible criminal conduct, the District will notify the complainant of his or her right to file a criminal complaint, and District employees will not dissuade the complainant from filing a criminal complaint either during or after the District’s investigation.The District will complete its investigation within ten (10) working days after receiving a complaint or report, unless extenuating circumstances exist. Extenuating circumstances may include the unavailability of witnesses due to illness or incapacitation, or additional time needed because of the complexity if the investigation, the need for outside experts to evaluate the evidence (such as forensic evidence), or multiple complainants or victims. Extenuating circumstances do not include summer vacation, and if a designated compliance coordinator or investigator is unavailable, another coordinator or trained employee will be designated to conduct the investigation. If extenuating circumstances exist, the extended timeframe to complete the investigation will not exceed ten (10) additional working days without the consent of the complainant. Periodic status updates will be given to the parties, if necessary.The District’s investigation will include, but is not limited to: a. Providing the parties with the opportunity to present witnesses and provide evidence. b. An evaluation of all relevant information and documentation relating to the alleged discriminatory conduct. c. For allegations involving harassment, some of the factors the District will consider include: 1) the nature of the conduct and whether the conduct was unwelcome, 2) the surrounding circumstances, expectations, and relationships, 3) the degree to which the conduct affected one or more students' education, 4) the type, frequency, and duration of the conduct, 5) the identity of and relationship between the alleged harasser and the suspect or suspects of the harassment, 6) the number of individuals involved, 7) the age (and sex, if applicable) of the alleged harasser and the alleged victim(s) of the harassment,8) the location of the incidents and the context in which they occurred, 9) the totality of the circumstances, and 10) other relevant evidence. d. A review of the evidence using a “preponderance of the evidence” standard (based on the evidence, is it more likely than not that discrimination, harassment, or retaliation occurred?)The designated compliance coordinator (or designated investigator) will complete an investigative report, which will include: a. A summary of the facts, b. An analysis of the appropriate legal standards applied to the specific facts, c. Findings regarding whether discrimination occurred, and d. If a finding is made that discrimination occurred, the recommended remedy or remedies necessary to eliminate discrimination, including harassment and retaliation, prevent its recurrence, and remedy its effects, if applicable. If someone other than the designated compliance coordinator conducted the investigation, the compliance coordinator will review, approve, and sign the investigative report. The District will ensure that prompt, appropriate, and effective remedies are provided if a finding of discrimination, harassment, or retaliation is made (see the Remedies section, below, for additional information about remedies). The District will maintain relevant documentation obtained during the investigation and documentation supportive of the findings and any subsequent determinations, including the investigative report, witness statements, interview summaries, and any transcripts or audio recordings, pertaining to the investigative and appeal proceedings.The District will send concurrently to the parties written notification of the decision (findings and any remedy) regarding the complaint within ten (10) working days after the investigation is completed. The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 11232g; 34 C.F.R. Part 99, permits the District to disclose to a student who was discriminated against or harassed (victim), information about the sanction imposed upon a student who was found to have engaged in discrimination or harassment (student who discriminated) when the sanction directly relates to the victim. This includes an order that the student who discriminated stay away from the victim, or that the student who discriminated is prohibited from attending school for a period of time, or transferred to other classes. ii. Level 2 (Appeal to the Superintendent): If a party is not satisfied with the findings or remedies (or both) set forth in the decision, he or she may file an appeal in writing with the Superintendent within ten (10) working days after receiving the decision. The Superintendent will review the appeal and the investigative documentation and decision, conduct additional investigation, if necessary, and issue a written determination about the appeal within ten (10) working days after receiving the appeal. The party who filed the appeal will be sent the Superintendent’s determination at the time it is issued, and a copy will be sent to the designated compliance coordinator. [If the Superintendent is the subject of the complaint, the party will file the appeal directly with the Board.] iii. Level 3 (Appeal to the Board): If the party is not satisfied with the Superintendent’s determination, he or she may file an appeal in writing with the Board of Education within ten (10) working days after receiving the Superintendent’s determination. The Board of Education will review the appeal, the Superintendent’s determination, the investigative documentation and decision, and allow the party to address the Board at the next scheduled Board meeting to present his or her appeal. The Board will issue a written determination about the appeal within thirty (30) working days after receiving the appeal. The party who filed the appeal will be sent the Board’s determination at the time it is issued, and a copy will be sent to the designated compliance coordinator. The Board’s determination, and any actions taken, will be final on behalf of the District.4. Remedies: If the District knows or reasonably should know about possible discrimination, including harassment or violence, the District will take immediate, interim action or measures to protect the alleged victim, ensure the safety of the school community, and prevent further potential discrimination, harassment, or retaliation during the District’s pending investigation. These interim measures will be prompt, age-appropriate, effective, and tailored to the specific situation, and may include a change in the student's seating assignment or class, a change in an employee's work area, prohibiting the alleged harasser from having any contact with the alleged victim pending the result of the District’s investigation, and other remedies, such as those listed below.The District will minimize any burden on the alleged victim when taking interim measures. For instance, the District generally will not remove the alleged victim from his or her class or work area and allow the alleged harasser to remain. In addition the District will ensure that the complainant is aware of his or her Title IX rights, including a strong prohibition against retaliation for reporting discrimination or harassment or cooperating with any investigation or proceeding, and any available resources, such as counseling, health, and mental health services, and the right to file a complaint with local law enforcement, if applicable.If the District determines that unlawful discrimination or harassment occurred, the District will take prompt and effective action to eliminate the discrimination or harassment, prevent its recurrence, and remedy its effects on the complainant and others, if appropriate. The remedies will be tailored to the specific allegations and facts of each situation, including, but not limited to, the following remedies: a. Providing an escort to ensure the complainant can move safely between classes and activities. b. Ensuring the complainant and alleged harasser do not attend the same classes. c. Moving the alleged harasser to another school or work area within the District. d. Providing counseling services or reimbursement, if appropriate. e. Providing medical services or reimbursement, if appropriate. f. Providing academic support services, such as tutoring. g. Arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s academic record.The District may provide remedies for the broader student population as well, including but not limited to: a. Offering counseling, health, mental health, or other holistic and comprehensive victim services to all students or employees affected by sexual harassment or sexual violence, and notifying students and employees of campus and community counseling, health, mental health, and other student services. b. Designating an individual from the District's counseling center to be “on call” to assist victims of sexual harassment or violence whenever needed. c. Providing additional training to the District's designated compliance coordinators and other employees who are involved in addressing, investigating, or resolving complaints of discrimination, harassment, and retaliation, to better respond to specific types of harassment and violence. d. Informing students and employees of their options to notify proper law enforcement authorities, including school and local police, and the option to be assisted by District employees in notifying those authorities. e. Creating a committee of students or employees and District officials to identify strategies for ensuring that students and employees: i. Know the school's prohibition against discrimination, harassment, and retaliation. ii. Recognize acts of discrimination, harassment (including acts of violence), and retaliation when they occur. iii. Understand how and to whom to report any incidents of discrimination. iv. Know the connection between alcohol and drug abuse and harassment or violence based on sex or other protected characteristics. v. Feel comfortable that District officials will respond promptly and equitably to reports of discrimination, harassment (including violence) and retaliation. f. Conducting periodic assessments of student or employee activities to ensure that the practices and behavior of students or employees do not violate the District’s policies against anti-discrimination, anti-harassment, and anti- retaliation. g. Conducting in conjunction with students or employees, a “climate check” to assess the effectiveness of efforts to ensure that the District is free from discrimination, harassment (including violence), and retaliation, and using the resulting information to inform future proactive steps that will be taken by the District.In addition to these remedies, the District may impose disciplinary sanctions against the student or employee who discriminated, harassed, or retaliated against the complainant, up to and including possible expulsion or termination or cancellation of employment.5. Confidentiality: The identity of the complainant will be kept confidential to the extent permitted by state and federal law. The District will notify the complainant of the anti-retaliation provisions of applicable laws and that the District will take steps to prevent retaliation and will take prompt and strong responsive actions if retaliation occurs.If a complainant requests confidentiality or asks that the complaint not be pursued, the District will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or the request not to pursue an investigation, as long as doing so does not prevent the District from responding effectively to the harassment and preventing harassment of other students. If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the District will inform the complainant that its ability to respond may be limited. Even if the District cannot take disciplinary action against the alleged harasser, the District will pursue other steps to limit the effects of the alleged harassment and prevent its recurrence, if warranted,At the same time, the District will evaluate a confidentiality request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. Thus, the District may weigh the confidentiality request against factors such as: the seriousness of the alleged harassment, the complainant's age; whether there have been other harassment complaints about the same individual and the alleged harasser’s rights to receive information about the allegations if the information is maintained by the District as an “education record” under FERPA. In some cases, the District may be required to report alleged misconduct or discrimination, such as sexual harassment involving sexual violence, to local law enforcement or other officials, and the District may not be able to maintain the complainant's confidentiality. The District will inform the complainant that it cannot ensure confidentiality, if applicable.6. Training: The District will ensure that District employees, including but not limited to officials, administrators, teachers, substitute teachers, counselors, nurses and other health personnel, coaches, assistant coaches, paraprofessionals, aides, bus drivers, and school law enforcement officers, are adequately trained so they understand and know how to identify acts of discrimination, harassment, and retaliation, and how to report it to appropriate District officials or employees. This training will include, at a minimum, the following areas: a. The current legal standards and compliance requirements of anti- discrimination, anti-harassment, and anti-retaliation federal, state, and any local laws and regulations, including several specific examples of discrimination, harassment (including acts of violence because of a person's sex or other protected characteristics), and retaliation. b. The District's current anti-discrimination, anti-harassment, and anti-retaliation notice, policies, grievance procedure, and discrimination complaint form, including the specific steps and timeframes of the investigative procedures, and the District's disciplinary procedures. c. Identification of the District's designated compliance coordinators and their job responsibilities. d. Specific examples and information regarding how to report complaints or observations of discrimination, harassment, or retaliation to appropriate District officials or employees. In addition, the District will emphasize that employees, students, third parties, and others should not be deterred from filing a complaint or reporting discrimination. For instance, if a student is the victim of sexual violence, a form of sexual harassment, but the student is concerned that alcohol or drugs were involved, school staff should inform the student that the District's primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that the use of alcohol or drugs never makes the victim at fault for sexual violence. e. Potential consequences for violating the District's anti-discrimination, anti- harassment, and anti-retaliation policies, including discipline. f. Potential remedies, including immediate, interim remedies, to eliminate the discrimination, harassment, and retaliation, prevent its recurrence, and remedy its effects. g. A description of victim resources, including comprehensive victim services, to address acts of discrimination and harassment, including acts of violence because of a person's sex or other protected characteristics, and a list of those resources for distribution to trainees.In addition, the District shall ensure that employees designated to address or investigate discrimination, harassment, and retaliation, including designated compliance coordinators, receive additional specific training to promptly and effectively investigate and respond to complaints and reports of discrimination, and to know the District's grievance procedures and the applicable confidentiality requirements.7. Designated Compliance Coordinators: Designated compliance coordinators will be responsible for: a. Coordinating efforts to comply with anti-discrimination, anti-harassment, and anti-retaliation laws and regulations. b. Coordinating and implementing training for students and employees pertaining to anti-discrimination, anti-harassment and anti-retaliation laws and regulations, including the training areas listed above. c. Investigating complaints of discrimination (unless the coordinator designates other trained individuals to investigate). d. Monitoring substantiated complaints or reports of discrimination, as needed (and with the assistance of other District employees, if necessary), to ensure discrimination or harassment does not recur, and that retaliation conduct does not occur or recur. e. Overseeing discrimination complaints, including identifying and addressing any patterns or systemic problems, and reporting such patterns or systemic problems to the Superintendent and the Board of Education. f. Communicating regularly with the District's law enforcement unit investigating cases and providing current information to them pertaining to anti-discrimination, anti-harassment, and anti-retaliation standards and compliance requirements. g. Reviewing all evidence in harassment or violence cases brought before the District's disciplinary committee or administrator to determine whether the complainants are entitled to a remedy under anti-discrimination laws and regulations that was not available in the disciplinary process. h. Ensuring that investigations address whether other students or employees may have been subjected to discrimination, including harassment and retaliation. i. Determining whether District employees with knowledge of allegations of discrimination, including harassment and retaliation, failed to carry out their duties in reporting the allegations to the designated compliance coordinator and responding to the allegations. j. Recommending changes to this policy and grievance procedure. k. Performing other duties as assigned.The designated compliance coordinators will not have other job responsibilities that may create a conflict of interest with their coordinator responsibilities.8. Preventive Measures: The District will publish and widely distribute on an ongoing basis a notice of nondiscrimination (notice) in electronic and printed formats, including prominently displaying the notice on the District's website and posting the notice at each building in the District. The District also will designate an employee to coordinate compliance with anti- discrimination laws (see Designated Compliance Coordinator section, above, for further information on compliance coordinator), and widely publish and disseminate this grievance procedure, including prominently posting it on the District’s website, at each building in the District, reprinting it in District publications, such as handbooks, and sending it electronically to members of the school community. The District will provide training to employees and students at the beginning of each academic year in the areas (B.6.a-g) identified in the Training section, above.The District also may distribute specific harassment and violence materials (such as sexual violence), including a summary of the District’s anti-discrimination, anti-harassment, and anti-retaliation policy and grievance procedure, and a list of victim resources, during events such as school assemblies and back to school nights, if recent incidents or allegations warrant additional education to the school community.Date of Adoption: July, 2011503 STUDENT ACTIVITIES503.1 Student OrganizationsIn order to encourage student participation in the various activities of school life and to provide opportunity for training in democratic processes, the school may maintain, but not be limited to, student councils and class officers.These bodies shall not have authority to make policies or regulations for the school; nor shall they any disciplinary authority, except for recommending removal from office on one of their members. However, they may make recommendations to the administration on any topic of student concern.Any funds received or made shall be received by a designated individual, usually the secretary or treasurer, who shall make sure that the funds are deposited in their account through the school secretary.503.2 Student OrganizationsSchool clubs and societies will be recognized as authorized school organizations if they are (a) Organized by the school system; (b) Sponsored by school personnel; (c) Composed completely of current students; (d) Hold the majority of their meetings at school and during the regular school day; (e) Have an approved plan for selection of members; (f) Establish aims which are educational, of school interest or community interest; and (g) Meet all those conditions set forth for recognized sponsored organizations. The Principal will designate faculty sponsors of activities, and they will have control of all funds of classes, organizations and activities. The school bookkeeper will keep records of individual accounts under separate headings and funds will be deposited in one general account at the bank. A complete record of all receipts and expenditures shall be maintained at all times and these records and expenditures shall be audited once a year by a person elected by the Board of Education.All funds accrued by any student organization shall become school funds503.3 School PublicationsThe student publications of the school district should provide an opportunity for students to observe the operation of a free responsible press in a free society. Care shall be exerted to insure the accuracy of anything published for fact. While it is recognized that students represent the primary audience, student publications are also read by and must speak to faculty, parents, administrators and the community as a whole.Items, which are considered to be libelous, malicious, obscene or profane, material gained through invasion of privacy, material which may be interpreted as causing defamation of character, or copy written material where permission to reprint has not been obtained shall be withheld from publications.503.4 Social EventsSocial events, (class parties, dances, etc.), shall be scheduled with the principal by the sponsor of the event.503.5 Intramural ActivitiesIntramural activities shall be scheduled at the discretion of the principal or superintendent.503.6 Interscholastic Competition and ActivitiesThe Pleasanton Board of Education recognizes the importance of interscholastic competition and activities in the overall preparation of its students.The school shall budget from the general fund those monies needed to maintain an appropriate activity program.Where possible, activities should be financed by admissions, donations, participant funds and moneymaking activities, before general funds are spent.Participation in extra-curricular activities is a privilege extended to students by this school district. These privileges may be rescinded by the sponsors of the activities with the approval of the administration for infractions of established regulations.Students - Extracurricular Activity - Grounds for SuspensionThis policy is supplemental to the Pleasanton Public Schools policy entitled Grounds for Short-Term Suspension, Long-Term Suspension, Expulsion or Mandatory Reassignment, and any action taken hereunder may be in addition to any action under said policy.The following conduct shall constitute grounds for suspension from practices, participation in interscholastic competition, or other participation in co-curricular activities and competitions, when such conduct occurs on school grounds or during an educational function, or event off school grounds, or in a school vehicle, or at anytime during the school year, and also includes the time frame which begins with the official starting day of the fall co-curricular activity season as established by the NSAA and extends to the last day of the spring co-curricular activity season as established by the NSAA, whether or not the student is a participant in an activity at the time of such conduct.1. Willfully disobeying any reasonable written or oral request of a school staff member, or the voicing of disrespect to those in authority. 2. Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a substantial interference with school purposes. 3. Sexual assault or attempting to sexually assault any person. 4. Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property. 5. Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to any student.6. Threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value from such student. 7. Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon. 8. Engaging in the selling, using, possessing or dispensing of alcoholic beverages, tobacco, narcotics, drugs, controlled substance, inhalant or being under the influence of any of the above; or possession of drug paraphernalia. 9. Engaging in the selling, using, possessing, or dispensing of an imitation controlled substance as defined in section 28-401, of the Nebraska statutes, or material represented to be alcoholic beverages, narcotics, drugs, controlled substance or inhalant. 10. Truancy or failure to attend assigned classes or assigned activities. 11. Tardiness to school, assigned classes or assigned activities. 12. The use of language, written or oral, or conduct, including gestures, which is profane or abusive to students or staff members. Profane or abusive language or conduct includes, but is not limited to, that which is commonly understood and intended to be derogatory toward a group or individual based upon race, gender, national origin, or religion. 13. Public indecency as defined in Nebraska statutes, except that this subdivision shall apply only to students at least twelve (12) years of age but less than nineteen (19) years of age. 14. Repeated violation of any of the rules adopted by the School District or the school. 15. Engaging in any unlawful activity as determined by the United States or the State of Nebraska. 16. Dressing in a manner wherein such dress is dangerous to the student's health and safety or to the health and safety of others or is distractive or indecent to the extent that it interferes with the learning and educational process. 17. Willfully violating the behavioral expectations for those students riding Pleasanton Public Schools buses. 18. The knowing and intentional possession, use, or transmission of a firearm or other dangerous weapon. 19. The knowing and intentional use of force in causing, or attempting to cause, personal injury to a school employee, school volunteer, or student, except if caused by accident, self-defense, or on the reasonable belief that the force used was necessary to protect some other person and the extent of force used was reasonably believed to be necessary. 20. Failure to report for the activity at the beginning of each season; reporting for one activity may count as reporting on time if there is a change in activity within the season approved by the coach or the supervisor. 21. Failure to participate in regularly scheduled classes on the day of an athletic/activity event. 22. Failure to attend all scheduled practices and meetings. If circumstances arise to prevent the participant's attendance, the validity of the reason will be determined by the coach. Every reasonable effort should be made to notify the coach or supervisor prior to all missed practices or meetings. 23. All other reasonable rules or regulations adopted by the coach or supervisor of a co- curricular activity shall be followed, provided that participants shall be advised by the coach or supervisor of such rules and regulations by written handouts or posting on bulletin boards prior to the beginning of the season.24. Failure to comply with any rule established by the Nebraska School Activities Association, including, but not limited to, the rules relating to eligibility.Additionally, students who are found to be in violation of sub-paragraphs 8 and/or 9 of this policy shall be subject to the following disciplinary action.First Violation – Suspension from co-curricular program for designated activities for a period of two (contest, not calendar) weeks from date of finding or violationSubsequent Violations – Upon finding of a subsequent violation, the student will be suspended from all designated activities for one (1) calendar year from the date of determination that a subsequent has occurred. OrStudents and parents agree to participate in a school-approved program for chemical dependency. Said program must be administered by a certified alcohol and drug abuse professional and be approved by the school authorities. The student will need to successfully complete an approved chemical dependency program. Proof of successful completion of program will be submitted in writing to school’s Activities Director. Failure to participate and successfully complete the approved chemical dependency program may cause the participating student to be suspended from extra-curricular activities for one (1) calendar year from date of finding of violation. The student must not practice, compete, or participate in the designated activities for the remainder of that season or activity. All costs associated with the program are to be borne by the student/parent or guardian.A student who possesses, dispenses, delivers, or administers anabolic steroids shall be subject to the following sanctions: First Offense: The student shall be prohibited from participating in any extracurricular activities for 30 consecutive days. Second or Any Subsequent Offense: The student shall be prohibited from participating in any extracurricular activities for one (1) calendar year from date of finding of violation. Students may be suspended by the principal or designee from practices or participation in interscholastic competition or participation in co-curricular activities for violation of rules and standards of behavior adopted by the Pleasanton Public Schools Board of Education or the administrative staff of the school.The following procedures shall be followed with regard to suspension:1. The party considering the suspension shall make a reasonable investigation of the facts and circumstances. In addition, suspension shall be made only after a determination that the suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purpose. 2. Prior to commencement of the suspension, the student shall be given oral or written notice of the charges against the student. The student shall be advised of what the student is accused of having done, and the basis of the accusation, and an explanation of the evidence the authorities have.3. The student shall be afforded the opportunity to explain the student's version of the facts to the person making the suspension decision. 4. Within twenty-four (24) hours or such additional time as is reasonably necessary following suspension, the principal or designee shall send a written statement to the student, student's parents, or guardian describing the student's conduct, misconduct or violation of the rule or standard and the reason for the action taken and the right to a hearing upon request on the specified charges. 5. An opportunity shall be afforded the student, parents, or guardian of the student to confer with regard to the matter with the principal or administrator ordering the suspension. 6. If the student or student's parents/guardian are not satisfied with the determination, an informal hearing may be requested before the superintendent. A form or a request for hearing must be signed by such parties and delivered to the superintendent in person or by registered or certified mail. This request must be received by the building principal within five (5) days of receiving notice of suspension. 7. If a hearing is requested, it shall be held within ten (10) days of the request and a notice of the time and place of the hearing will be given to the participants, and parents or guardian within five (5) days of receiving the request. The notice shall contain an outline of the alleged infraction. There shall be no stay of the penalty imposed pending an appeal. 8. Upon conclusion of the hearing, a written decision will be rendered within five (5) school days. The statement of finding of fact and decision will be mailed to the participant, parents or guardian. A record of the hearing shall be kept by the school. 9. Nothing contained in this regulation shall prevent the participant, parents, guardian or representative from discussing and settling the matter with the appropriate school personnel at any stage provided herein.Legal Source: Neb. Rev. Stat. Sections 79-254 to 79-296 Date of Adoption: ______, 2006503.7 Outside of SchoolAll clubs, teams, societies, and activities not sponsored by the Pleasanton Public School shall be considered non-school organizations and shall be beyond the jurisdiction of school authorities503.8 Honors and AwardsSponsors of teams, groups, clubs and other activity organizations as well as academic sponsors should recommend/give to the principal or activities director the names of students to receive honors or awards.All honors and awards presented by the school should have definite criteria and goals for each award/honor. The Nebraska Schools Activities Association shall regulate acceptance of awards and honors for activities.504 STUDENT HEALTH AND SAFETY REGULATIONS504.1 Health CertificateThe Pleasanton School shall have every child inspected annually to ascertain if a child is suffering from (1) defective sight/hearing (2) dental defects (3) other conditions described by the Department of Health.504.1a Students - Health InspectionsThe school district shall cause every child under its jurisdiction to be separately and carefully inspected, except as otherwise provided by law, to ascertain if such a child is suffering from (1) defective sight or hearing, (2) dental defects, or (3) other conditions as prescribed by the Department of Health and Human Services (“Department”). Such inspections shall be conducted on a schedule prescribed by the Department and shall be based on current medical and public health practice. In lieu of conducting the inspections, the school board may employ regularly licensed physicians to make such inspections.If such inspection determines that any child has defective sight or hearing, dental defects, or other condition for which screening is required, the school shall notify the parent of the child in writing of such condition and explain to the parent the necessity of professional attendance for such child. Whenever a child apparently shows symptoms of any contagious or infectious disease, such child shall be sent home immediately or as soon as safe and proper conveyance can be found and the school board shall be at once notified. Such student may be excluded from school as provided in the Student Discipline Act.A child shall not be required to submit to an inspection required by this policy if his or her parent or guardian provides school authorities with a statement signed by a physician, a physician assistant, or an advanced practice registered nurse practicing under and in accordance with his or her respective credentialing act or other qualified provider as identified by the Department’s applicable rules and regulations, stating that such child has undergone such required inspection within the past six months. A child shall submit to any required inspection for which such a statement is not received.Legal Reference: Neb. Rev. Stat. §§ 79-248 and 79-249 Neb. Rev. Stat. § 79-264 Neb. Rev. Stat. § 79-526 Date of Adoption: June, 2010504.2 Communicable DiseaseIf a child shows symptoms of a contagious or infectious disease the child shall be sent home as soon as safe and proper at the discretion of the superintendent or principal.Parents shall be notified of the child's condition either by phone or by written letter.The parent or guardian shall not exempt the child from an examination for contagious or infectious disease.504.2a General Goals:A. To appraise the health status of students and school personnel. B. To counsel pupils, parents, and others concerning appraisal findings. C. To encourage the correction of remedial defects. D. To assist in identification and education of handicapped children. E. To promote good health. F. To prevent and control disease. G. To provide emergency service for injury or sudden sickness. H. To provide health education upon request.504.2b General Health Considerations:1. Parents should leave name, address and phone number of a cooperating relative or friend in case of emergency. This person would be easily reached and know the parent is using that name. 2. Parents will be required to leave name, address and phone number of the child's doctor in case of extreme emergency and parents cannot be located. 3. Parents should leave the phone number of the place where both parents work.504.2c Injury or Illness at SchoolIn case of injury at school the first attending adult or student should take whatever action is appropriate to the situation at hand. Where possible however, the school nurse shall perform appropriate first aid and emergency measures in accordance with their training.In the event the school nurse is not available the chain of responsibility shall involve: (1) Knowledgeable adult in the vicinity of the emergency (2) Principal or administrator on duty, or other staff members available. The first aid undertaken should be part of the report to the superintendent.In the event of serious injury to a student the family or guardian shall be notified as soon as possible. Parent/guardian shall decide on the physician who will treat the child and if possible, pick up the child at school and provide transportation to the doctor’s office. If transportation other than parents must be provided due to the nature of the injury, the Pleasanton Emergency Unit will be used.All costs for emergency and medical treatment shall be borne by the parent or guardian. The superintendent or principal may use his/her discretion in admitting a student to the clinic or hospital in case the parent or guardian cannot be notified. 504.2d Medication: - Dispensing MedicationsThe administration of medication at school is strongly discouraged except when necessary for the student's health or education. The dosage intervals of many medications can be adjusted so the times for taking the medication come outside school hours. When possible, interval adjustment should be considered before administering medication at school. All medications administered by school district personnel shall be administered in accordance with the Medication Aide Act.A. Authorizations for Prescription Medications. Prescription medications which must be administered during school hours may be administered when the following are on file at school:1. Physician’s Authorization: A physician's signed, dated authorization including name of the medication, dosage, administration route, time to be given at school, and reason child is receiving the medication. 2. Caretaker’s Authorization: A caretaker's signed and dated authorization or permission to administer the medication during school. (Note: All references to “caretaker” in this policy shall mean a parent, foster parent, family member, or legal guardian who provides care for the student for whom medication is to be administered. The laws include a “friend” as a caretaker, but the school will not ordinarily recognize such an individual as a “caretaker” for the purposes of medication administration). 3. Original Packaging: The medication is in its original packaging and is labeled as dispensed by the prescriber or pharmacist. The label must name the child and identify the medication, strength, time interval and route to be administered. Two labeled containers may be requested: one for home and one for school. If needed, the physician may be contacted for clarification on medication administration.B. Authorizations for Non-Prescription Medications. If a student must take non-prescription medication during school, procedures 2 and 3 above are to be followed before administration.C. Renewal of Authorizations. Medication authorizations must be renewed annually and updated immediately as changes occur.D. Documentation of Administration of Medication. The school district shall keep and maintain accurate medication administration records. A record of each dose of medication administered shall be documented reflecting the student's name, and the name of the medication, date, time, dosage, route, the signature and title of the person administering the medication and any unusual observations, and any refusal by the recipient to take and/or receive the medication. Medication documentation shall be kept confidential in accordance with the policies and practices concerning student records, provided that medication administration records shall be available to the Department of Education and the Department of Health and Human Services Regulation and Licensure for inspection and copying according to the Family Education Rights and Privacy Act (FERPA) requirements. Such medication administration records shall be maintained for not less than two (2) years.E. Storage of Medications. Medication shall be stored in a locked or otherwise secure area in accordance with the manufacturer’s or dispensing pharmacist’s instructions or temperature, light, humidity, or other storage instructions. Only authorized school personnel who are designated by the administration of the school district for administration of medications shall have access to the medications. The school nurse shall establish procedures for monitoring the storage and handling of medication, the medication's expiration date, and the disposal of medication. F. Receipt and Disposal of Medications. Medication shall be delivered to school personnel and picked up by the parent. When medication is received, the amount received should be documented. Medication that is either past the expiration date or not claimed by the parent by the end of the school year shall be destroyed. Procedures for destroying medication shall include witness and documentation.G. Administration of Medication by School Personnel.1. Administration of Medication: Administration of medication includes, but is not limited to: a. Providing medications for another person according to the “five rights” (getting the right drug to the right recipient in the right dosage by the right route at the right time); b. Recording medication provision; and c. Observing, monitoring, reporting, and otherwise taking appropriate actions regarding desired affects, side effects, interactions, and contraindications associated with the medication. 2. Authorized School Personnel: Administration of medication shall only be done by the following school personnel: a. Health Care Professionals (School Nurses). This means an individual who holds a current license from the Department of Health and Human Services Regulation and Licensure for whom administration of medication is included in the scope of practice. For purposes of this Policy, such individuals are referred to as “school nurses.” b. Medication Competent Staff. This means a staff member of the school who has been determined to be competent to administer medication by: (i) a recipient with capability and capacity to make an informed decision about medications (at a minimum, the recipient must be age 19 or older), (ii) a caretaker for the student, or (iii) by the school nurse. (1) Determination of Competency by School Nurse: A staff member may be determined to be competent by a school nurse to administer medication where the staff member: (i) passes a competency assessment every 3 years (ii) that demonstrates the staff member can follow the minimal competencies (iii) to the satisfaction of the school nurse (school nurses are the school district’s designated health care professionals).Training is not required. The school nurse shall, however, provide such training as the school nurse determines in the exercise of professional judgment to be appropriate given the experience level of the staff member and the anticipated medication administration for which the staff member will be responsible.(2) Competency Certificate: Upon successful completion of the competency assessment, the school nurse shall give the Principal and the medication competent staff member written documentation of successful completion of competency assessment. The documentation may be by letter, certificate, or other written memoranda and shall include: the name of the school staff member who successfully completed the competency assessment; the date the competency assessment was conducted; and, the name, profession, and license number of the school nurse who conducted the competency assessment. (3) Maintain Records of Assessments: The school shall maintain written documentation of successful completion of competency assessments, identification of the individual providing direction and monitoring, and acceptance of the responsibility for direction and monitoring for a minimum of two (2) years.(4) Direction and Monitoring: A medication competent staff member is to be subject to direction and monitoring, which involves responsibility for observing and taking appropriate action regarding any desired effects, side effects, interactions, and contraindications associated with the medication. Direction and monitoring is to be done by a recipient with capability and capacity to make an informed decision about medications, a caretaker, or the school nurse. The school nurse is identified as a person being responsible for direction and monitoring and for each medication competent staff member is to accept responsibility for direction and monitoring of medication competent staff member in writing.(5) Errors. Medication competent staff members are to promptly report any medication errors or concerns to the school nurse.3. Minimum Competencies:The minimum competencies to be demonstrated by medication competent staff and to be implemented in practice by all school personnel engaged in medication administration are:(1) Maintaining confidentiality. (2) Complying with a competent recipient’s right to refuse to take medication and, in the case of a non-competent, recognize the requirement to seek advice and consultation with the physician, physician’s designee, or caretaker of the student providing direction and monitoring regarding the procedures and persuasive methods to be used to encourage compliance with medication provision. Recognizing that persuasive methods should not include anything that causes injury to the recipient. (3) Maintaining hygiene and current accepted standards for infection control. (4) Documenting accurately and completely. (5) Safely providing medications according to the “five rights” (“five rights” means getting the right drug to the right recipient in the right dosage by the right route at the right time). (6) Having the ability to understand and follow instructions. (7) Practicing safety in application of procedures for storage, handling and administration of medications. (8) Complying with limitations and conditions under which school personnel may provide medications.(9) Having an awareness of abuse and neglect reporting requirements. (10) Recognizing general unsafe conditions indicating that the medication should not be provided including change in consistency or color of the medication, unlabeled medication or illegible medication label, and those medications that have expired. (11) Recognizing that unsafe conditions should be reported to the caretaker, physician or physician's designee for direction and monitoring thereof. (12) Recognizing general conditions which may indicate an adverse reaction to medication such as rashes/hives, and general changes in recipient's condition which may indicate inability to receive medications, and that all such conditions shall be reported to the caretaker, physician or physician's designee responsible for providing direction and monitoring.4. Routes of Medication Administered by School Personnel: a. Routine Medication via Oral, Inhalation, Topical, and Instillation Routes: School nurses and medication competent staff may provide routine medications (meaning the frequency of administration, amount, strength, and method are specifically fixed) by the following routes:(1) Oral, which includes any medication given by mouth including sublingual (placing under the tongue) and buccal (placing between the cheek and gum) routes and oral sprays; (2) Inhalation, which includes inhalers, and nebulizers. Oxygen may be given by inhalation; (3) Topical application of sprays, creams, ointments, and lotions and transdermal patches; and (4) Instillation by drops, ointments, and sprays into the eyes, ears, and nose. b. Administration of Medication via Additional Routes, PRN Medication, and Observing and Reporting: School nurses and medication competent staff may provide medication by additional routes not listed in subparagraph “a” above (“additional routes”), provide PRN medication (PRN medication means an administration scheme in which a medication is not routine, is taken as needed, and requires assessment for need and effectiveness), or participate in observing and reporting for monitoring medications only under the following conditions:(1) In the case of a medication competent staff member, a determination has been made by the school nurse or by the student’s physician or duly licensed health care professional that that these activities can be done safely for the specified recipient by the medication competent staff member and the determination is placed in writing.(2) Directions for additional routes must be for recipient specific procedures and must be in writing.(3) Directions for PRN medication must be in writing and include parameters for provision of PRN medication.(4) Directions for observing and reporting for monitoring medication must be in writing and include the parameters for the observation and reporting.(5) School personnel administering the medication shall comply with the written directions. c. Injections: School nurses will ordinarily be responsible for medications that must be provided or administered by injection. A medication competent staff member will not ordinarily administer medications by injection without specific training on injection administration. Students may be authorized to self-administer medication as hereafter provided. 5. Refusal to Administer Medication: School personnel may refuse to give a medication at school if after a reasonable and prudent research by a school health care professional as set forth in subparagraph "e" below, a decision has been made that the dosage prescribed exceeds that which is recommended in the Physician's Desk Reference, Mosby’s Nursing Drug Reference, the most recent edition of the Nursing Drug Handbook, or other pharmaceutical manuals handbook; or when a drug or substance is not currently approved by the FDA. When school personnel refuse to carry out a request to administer medication, the following procedure shall be followed: a. Notify the nursing supervisor who will notify Superintendent. b. Notify attending physician by phone with follow-up in writing: (1) State concern for dosage or particular medication, etc. (2) Make every attempt to work out a suitable solution - Example: Change of time of administration, change of dosage, change of medication; (3) Follow-up in writing. c. Meet with parents: (1) State concern for dosage or medication; (2) Offer alternatives - Example: Change of time so as not to be given during school hours. d. Consult with Nebraska State Board of Health for current procedures regarding refusal to follow written physician's orders. e. Research by health care professional: (1) Collect research articles from professional journals, organizations, etc.; (2) Contact other physicians requesting their professional opinions and ask them to review current research; (3) Contact state licensing boards and school nurse consultant; (4) Consult with district's legal counsel; (5) Assemble all data for review;(6) Present data to review team organized by the Superintendent; (7) Decision rendered and implemented; (8) Parents and physician contacted in writing; and (9) Alter and update policies and procedures as needed. Legal Reference: Neb. Rev. Stat. §§ 71-6718 to 71-6742; NDE Rule 59Date of Adoption: 2006CARETAKER AUTHORIZATION FOR ADMINISTRATION OF PRESCRIPTION MEDICATION TO STUDENTThe undersigned(s) is/are the caretaker(s), parent(s), guardian(s), or person(s) in charge of ______(“the Student”).It is necessary that the Student receive ______(medication), a physician-prescribed medication, during school intervals beginning on ______(date) and continuing through ______(date). CHECK ONE (1) OF THE FOLLOWING BOXES______I hereby authorize Pleasanton Public Schools to allow the Student to administer the above- described medication to himself/herself without monitoring or supervision by school personnel.______I hereby request Pleasanton Public Schools, or its authorized representative, to administer the above-named medication to the Student, in accordance with the prescribing physician’s instructions, and agree to:1. Submit this request to the principal or school nurse. 2. Make certain the Physician’s Request for the Administration of Prescription Medication by School Personnel is submitted to the principal or school nurse. 3. Make sure personally that the medication is received by the principal or school nurse and/or county nursing services administering it, in the container in which it was dispensed by the prescribing physician or licensed pharmacist. 4. Make sure personally that the container in which the medication is in is marked with the medication name, dosage, interval dosage, and date after which no administration should be given. 5. Submit a REVISED STATEMENT signed by the physician prescribing the medication to the principal or school nurse IF ANY OF THE INFORMATION PROVIDED BY THE PHYSICIAN CHANGES. 6. Provide directions to the school personnel providing the medication. 7. Provide monitoring of the medication's effects, and assume full responsibility therefore.I understand that unlicensed school personnel may be assigned to provide medication to the Student and hereby release the School District and the Board of Education of the School District and all employees, agents, and representatives of the School District from any liability concerning the providing or non-providing of the medication to the Student.DATED this _____ day of ______, 200_.______Work Telephone Number Name of Student ______Home Telephone Number Parent/Guardian ______Alternate Number for Parent Parent/GuardianPROVISION OF MEDICATION TO STUDENT PHYSICIAN'S REQUEST FOR ADMINISTRATION OF PRESCRIPTION MEDICATION BY SCHOOL PERSONNELDate ______(Student's full name) is under my care and must take medication which I have prescribed during the school day.Name of medication (as it appears on container in which the medication is stored) ______Dosage and time ______Date provision of medication is to begin ______Date after which the medication should not be provided ______Possible adverse reactions to be reported to physician ______Special instructions for the provision and storage of the medication ____________Print or Type Name of Physician Primary Phone Number______Signature of Physician Secondary Phone NumberRECORD OF THE PROVISION OF PRESCRIPTION MEDICATIONParent's Phone #______Name of Student Grade ______Medication Date to Begin Date to End ______Dosage Time ______Doctor Phone #1 Phone #2 ______Possible Adverse Reaction: ______Person(s) Authorized to Administer Medications: ______Date Time Medication Dosage Route Refused Signature Provide Provide Name Provided Medicatio Employee d d n Providing Medication504.2e Student Self-Management of Asthma, Anaphylaxis, and/or Diabetes Students with asthma, anaphylaxis or diabetes will be permitted to self-manage such medical conditions upon: (1) written request of the student’s parent or guardian; (2) authorization of the student’s physician; (3) receipt of a signed no liability statement from the parent or guardian; and (4) development of asthma or anaphylaxis or a diabetes medical management plan for the student. Students with such a medical management plan may possess the necessary medication to manage their medical condition under the conditions established in the plan and not be subject to discipline for such possession. Provided that, if the student uses or allows the medication to be used for any reason other than as prescribed or as provided in the plan or possesses the medication other than as provided in the plan the student shall be subject to discipline in accordance with the student conduct and drug-free school policies.504.2f Birth CertificateRequirement of a birth certificate prior to entrance of a child into the beginning grade. (Kindergarten) Upon enrollment and within 30 days, the parent must present a certified copy of the student's birth certificate.504.2g Immunization RequirementsEvidence of Immunization: The school shall require from a parent or guardian the presentation of an immunization history containing verification that the child has complied with required immunizations. These must be presented upon enrollment. These are in accordance with Nebraska Statute 79-4,134 to 79-444.03Records and Reports: An annual report will be prepared for the Nebraska Department of Health summarizing the immunization status of each student by November 15. Requirements: Following July 1 2004, each student shall be protected prior to enrollment against Measles, Mumps, Rubella, Poliomyelitis, Diptheria, Hipatitus B, Pertussis, Tetnus, and varicella (chickenpox). 1. A student is considered to be immunized against measles, mumps, or rubella if he/she has received one dose of each vaccine or the combined vaccine at or after twelve (12) months of age. 2. A student is considered to be in compliance with the polio, diphtheria, tetanus, and pertussis immunization requirements if he/she has received a minimum of three doses of triple antigen containing diphtheria toxoid, tetanus toxoid and pertussis vaccine (DTP), or for a previously unimmunized student over the age of seven (7) years, if he/she has received a primary series of three (3) doses of adsorbed tetanus and diphtheria toxoid, adult type (Td), or for a student for whom the pertussis component of DTP is contraindicated, if he/she has received a minimum of three doses of diphtheria and tetanus toxoids (DT) for children; and three doses of either trivalent oral polio vaccine (OPV) or injectable polio vaccine (IPV) or a combination of the two types of polio vaccine to comprise a total of three doses.3. A student is considered to be in compliance with varicella (chickenpox) if he/she received 1 dose of varicella given on or after 12 months of age and prior to 13 years of age. If over 13 years of age 2 doses of varicella, separated by at least on month. Written documentation (including year) of varicella disease from parent, guardian, or health care provider will be accepted.Proof of Immunization: For purposes of compliance, the Board of Education, shall require the presentation of an immunization history containing name of vaccine, month and year of administration, name of health practitioner, agency where immunization was obtained, and signature of physician, parent, guardian, or of such other person maintaining the immunization history of the student, verifying that the student has received these vaccines.Medical and Religious Exemption: Each student shall be protected against the diseases listed or have a statement of refusal. Refusal of immunization for medical reasons must have a signed refusal by a physician licensed under the Uniform Licensing Law stating that, in the physicians' opinion, the immunizations required would be injurious to the health and well-being of the student or any member of the student's family or household. Refusal of immunization for religious reasons must be signed by the student or, if he/she is a minor, by a legally authorized representative of the student, stating that the immunization conflicts with the tenets and practice of a recognized religious denomination of which the student is an adherent or member or that immunization conflicts with the personal and sincerely followed religious beliefs of the student.Provisional Enrollment:A student may be provisionally enrolled in Nebraska school if he/she has begun the immunizations against these specified diseases prior to enrollment and continues the necessary immunizations as rapidly as is medically feasible.Physical Examination Requirements:The school shall require evidence of a physical examination by a qualified physician within six months prior to the entrance of a child into the beginning grade and the seventh grade, or in the case of a transfer from out-of-state to any other grade of the local school: Provided, no such physical examination shall be required of any child whose parent or guardian shall object thereto in writing signed and dated and submitted to the local school. The cost of such physical examination shall be borne by the parent or guardian of each child who is examined.504.2h Communicable Disease ControlExclusion From School: Children showing any signs or symptoms of a contagious or infectious disease are required by law to be sent to their homes immediately, or as soon as safe and proper conveyance can be found.The presence of one or more of the following signs or symptoms should make the teacher suspect a communicable disease: fever, flush face, headache, aches in muscles or joints, unexplained tiredness or listlessness, loss of appetite, stomachache, nausea or vomiting, diarrhea, convulsions, sore throat, nasal congestion or discharge, unexplained skin eruption, sore or inflamed eyes.1. Parents should not send children to school if the following signs appear: (a) Fever over 100 degrees, (b) Presence of vomiting or diarrhea in the last 12 hours, (c) Sore throat accompanied by fever and visible pus, (d) Ear ache with discharge or fever, (e) Diseases such as: measles, three-day measles, mumps, chicken pox, scarlet fever. (f) Child feeling uncomfortable and unwell to the extent that the child is unable to accomplish normal school activities.2. Children will be excluded from school if: a. Vomiting occurs. b. Fever of 100 degrees develops c. Child feels too ill to function well. d. Accident at school requires prompt medical attention.3. Ill children will not be sent home alone. It is the parent’s responsibility to assume the care for their child and to make arrangements for such care.4. If a parent cannot be reached at home or work, the person whose name appears on the emergency information slip furnished previously by parents will be contacted to assume responsibility.5. If a parent is not available and immediate medical attention is required, the child will be taken to the child's doctor or associate, if the child's doctor is not immediately available.6. The City Emergency Unit will be called upon at parent and/or school staff request in situations such as fractures, dislocations, etc. If the situation is a matter of life or death, the unit will be called immediately and then the parent will be notified.7. Common sense should be used at all times.8. To have a student either excused from physical education or readmitted to physical education activity, from any serious injury and/or illness, a doctors permit slip should be obtained.Reporting: When a child is sent home because of a suspected reportable communicable disease, the law requires the teacher to report the circumstances to the proper school authority without delay.Duration of Exclusion Period: Children excluded for a confirmed communicable disease should not be allowed to return to school until the minimum isolation period has elapsed, and all signs or symptoms of illness have disappeared. Minimum isolation periods are identified by the Nebraska Department of Health. Hand washing: Hand washing is considered to be the most important procedure in preventing the spread of infections.Disinfectants: When surfaces have blood or blood products on them, a hypochlorite solution (Bleach, such as Clorox) in an l: 10 concentration is recommended.Guidelines for Children with Communicable and Nuisance Diseases1. Children with the following diseases need a doctor’s permission slip to return to school: Hepatitis and Rheumatic Fever2. Children with the following diseases should have a doctor’s permission slip or evidence of treatment (a prescription or medication) to enter school: Pink Eye (Conjunctivitis), Scabies, Scarlet Fever, Ringworm, and Impetigo. 3. Children with the following diseases should be allowed to return to school, with permission of a designated school official. They should be denied admission to school until checked by the designated school official. Chicken Pox: generally cleared in 8 days. Re-admitted when the lesions have crusted over and 8 days after onset. Earlier with permission of the doctor. Red Measles/Rubeola: 7 days or when the rash is completely gone. German Measles/Rubella: Three days or until the rash is completely gone. Mumps: 14 days. Lice: Hair shampooed and Nits removed. 4. Children with an unidentified rash who are without fever (under 100 degrees) and feeling well may stay in school. School personnel must notify parents of the rash.504.2i Blood Borne DiseasesGuidelines for Persons with AIDS: It is the goal of the school for all infected persons to be able to attend school and participate in an unrestricted setting so long as such participation would be reasonable. However, exceptions will be made for pre-school age children and persons with neurological impairments resulting in the lack of control over body secretions, displays of behavior such as biting, or persons having oozing lesions. For the protection of the AIDS infected child and the other children in the district, it is the responsibility of the parent/guardian to inform the district of the positive HIV diagnosis of a district student.These guidelines apply to all persons known to be infected with the AIDS (Acquired Immune Deficiency Syndrome) virus. This includes persons with AIDS Related Complex (ARC) or Human Immunodeficiency Virus (HIV) infection. These persons shall be referred to as AIDS infected persons in the following guidelines.1. A team approach should be used to determine the most appropriate educational setting for said person. Team members should include said person's physician, said person's parent/guardian if a minor child, public health personnel, school district's medical advisor, school health personnel, school administration, school board representative, faculty, and any other staff that would be affected by the decisions. 2. This team will make the following decisions: a. Regarding attendance: The superintendent can recommend temporary exclusion until the team has met. The school will provide homebound instruction as appropriate. b. Restriction of school environment. c. The extent of interaction of others in the school setting. d. Use of preventative measures needed to protect both the AIDS infected person and/or school personnel/students. e. Who will be the spokesperson for the team.3. AIDS infected persons who are attending school and participating in school activities shall be required to report to a school health officer on a regular basis as determined by the school district's medical advisor. This is to protect the AIDS infected child from other infections because of his/her decreased immune status.4. Instruction should be provided for those coming in contact with the AIDS infected person. This will include thorough hand washing after exposure to blood and body fluids and before caring for another person. Gloves should be worn if the staff member has open lesions. Any open lesions on the AIDS infected person should be covered. Soiled surfaces should be promptly cleaned with disinfectants, such as household bleach (diluted one part bleach to ten parts water). Disposable towels and tissues should be used whenever possible, and mops should be rinsed in the disinfectant.5. The AIDS infected person's right to privacy should be preserved by staff members involved in the care and education of said person. The school district will develop routine procedures for staff contact with AIDS infected persons, confidentiality of records, and information released to parents, students, and school employees.6. Efforts will be made to inform parents, students, school personnel, and district patrons about AIDS and its transmission.7. Infected school staff will be considered on an individual basis. The team approach will be implemented. The nature and scope of duties will be considered in making recommendations. It is the responsibility of school staff to report the diagnosis of a communicable disease to the district. In addition, failure to release information can result in automatic dismissal.8. The policy and regulations about AIDS will be reviewed annually.504.4 Use of BicycleStudents may ride their bicycles to and from school. Riding bicycles during school hours is prohibited without the permission of the superintendent or principal.504.5 Use of Motor VehicleThe superintendent and such other employees as he may select are authorized to establish criteria for the safe use of vehicles by students.All students, upon arriving at school, shall park their car in the parking lot in an orderly manner to help ensure the safety of all students.Cars are not to be driven during the school day by students without the permission of the superintendent or principal.504.6 Emergency School ClosingThe superintendent, or his designee, is empowered to close school or to dismiss early in the event of hazardous weather or other emergencies that threaten the health or safety of students or personnel.In making the decision to close school, the superintendent, or his designee, shall consider many factors, including the following principal ones related to the fundamental concern for safety and health of children: (1) Weather conditions, both existing and predicted. (2) Driving, traffic and parking conditions affecting public and private transportation facilities. (3) Actual conditions or imminent possibility of any emergency condition that would make the operation of school difficult or dangerous. (4) Inability of teaching and supervisory personnel to report for duty, which might result in inadequate supervision of students.Parents should plan for adverse weather and dress their children accordingly. In the case of inclement weather, any parent who desires may pick up his/her children from school at any time during the day.504.7 Student Insurance - GeneralA student accident insurance plan shall be made available on a voluntary basis to every pupil in school. The specific plan shall be selected annually and shall include provisions for coverage on an optional basis for participation in inter-school athletics.The district may purchase catastrophe insurance for all students. The availability of such a policy shall not be interpreted in any way as an acknowledgment of liability by the school district for accidents or injury by students on or off school property, or participating in school activities.504.8 Student Insurance - AthleticsAll students shall have insurance to cover athletic injuries, especially for football. A student insurance policy shall be made available on a voluntary basis for those students that participate in athletics.Catastrophe insurance may be purchased for students participating in athletics/activities by the school district.The availability of such a policy shall not be interpreted in any way as an acknowledgment or liability by the school district for accidents or injury by students on or off school property, or participating in school activities. 504.9 Child AbuseIt is the policy of the Pleasanton School District that any teacher or other school employee who suspects that a child's physical or mental health or welfare may be adversely affected by abuse or neglect shall report to the school administrator who shall then call the Police Department and give the following information: Name, address and age of student; name and address of parent or guardian; nature and extent of injuries or description of neglect; any other information that might help establish the cause of the injuries or condition.School employees shall not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect.It is not the responsibility of the school employee to prove that the child has been abused or neglected, or to determine whether the child is in need of protection.Any personal interview or physical inspection of the child shall be conducted in a professional manner.Abuse or neglect shall mean knowingly, intentionally, or negligently causing or permitting a minor child to be: (1) Placed in a situation that may endanger his/her life or physical or mental health; (2) Tortured, cruelly confined, or cruelly punished; (3) Deprived of necessary food, clothing, shelter, or care; (4) Left unattended in a motor vehicle, if such minor child is six years of age or younger, or (5) Sexually abused.The teacher or other employee's report to the administrator shall be oral followed by a written report. The administrator's report to the Police Department shall be by telephone or personal visit followed by a written report if requested.Any person participating in an investigation or making a report pursuant to the provisions of Section 28-1501 to 28-1508 or participating in a judicial proceeding resulting therefrom shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for maliciously false statements.Failure to report may result in disciplinary action against the employee or a misdemeanor charge or both.Records concerning reports of suspected abuse or neglect are confidential. Anyone who permits, assists, or encourages the release of information from records to a person or agency not legally permitted to have access may be guilty of a misdemeanor.505 MISCELLANEOUS RELATED MATTERS505.1 Student Records School staff shall maintain student records in compliance with state and federal law. Confidentiality of Student Records. Student files and other education records shall not be released or divulged except in compliance with state and federal law. School officials may have access to only those education records in which they have a legitimate educational interest, unless the parent has given written and dated consent for the access. A school official who violates this restriction shall be subject to disciplinary action up to and including termination.A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility and effectively provide the function or service for which they are responsible. A school official for purposes of access to education records is a person employed by the District as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or assisting another school official in performing his or her tasks. To the extent permitted by law, contractors, consultants and volunteers may be permitted to have access to education records where they are performing a function or service that would otherwise be done by a school employee. Their access is limited to education records in which they have a legitimate educational interest; which means records needed to effectively provide the function or service for which they are responsible.Student and Parent Access to Student Records. A parent or guardian of a student or former student, and a student or former student who is eighteen (18) years of age or older, shall be given the opportunity upon request to inspect and review the education records of the student or former student. Non-custodial parents will be provided full and equal access to the education records of his or her child unless there is a court order to the contrary.Maintenance and Destruction. Student files or records shall be so maintained so as to separate academic and disciplinary matters. All disciplinary material in a student’s file shall be removed and destroyed after the student’s continuous absence from the school for a period of three (3) years.Amendment of Student Records. Parents and eligible students (a student who has reached 18 years of age or is attending an institution of postsecondary education) have the right to challenge any information contained in the records that they believe is inaccurate, misleading or violates the privacy rights of the student. Such a challenge may be made by making a written request to the Principal to amend the records. If a decision is made not to amend the education records in accordance with the request, the Principal shall so inform the parents of the student and the Superintendent. The parent shall be advised of the right to a hearing. If a hearing is requested, the Superintendent shall conduct a hearing (or delegate the role to another school official who does not have a direct interest in the outcome of the hearing) and provide the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised in conformance with applicable law.Legal Reference: Neb. Rev. Stat. §§42-364(4) & 42-381; Neb. Rev. Stat. §43-3001 Neb. Rev. Stat. §§79-2,104 & 79-2,105; Neb. Rev. Stat. §79-539 Neb. Rev. Stat. §§84-1201 to 84-1220 Family Educational Rights and Privacy Act of 1974 Date of Adoption: ___July______, 2008505.1a Notification of Rights Under FERPA The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:1. The right to inspect and review the student’s education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. 2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the school district to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. 3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility and effectively provide the function or service for which they are responsible. Contractors, consultants and volunteers are permitted to have access to education records where they are performing a function or service that would otherwise be done by a school employee. Their access is limited to education records in which they have a legitimate educational interest; which means records needed to effectively provide the function or service for which they are responsible. The District forwards education records (may include academic, health and discipline records) to schools that have requested the records and in which the student seeks or intends to enroll, or where the student has already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. 4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, D.C. 20202-4605NOTICE CONCERNING DIRECTORY INFORMATION The District may disclose directory information. The types of personally identifiable information that the district has designated as directory information are as follows: student’s name, address, telephone listing, electronic mail address, photograph, date of and place of birth, major fields of study, dates of attendance, grade level, enrollment status (e.g., full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and most recent previous school attended. A parent or eligible student has the right to refuse to let the District designate any or all of those types of information about the student as directory information. The period of time within which a parent or eligible student has to notify the District in writing that he or she does not want any or all of those types of information about the student designated as directory information is as follows: two weeks from the time this information is first received. The district may disclose information about former students without meeting the conditions in this section.ADDITIONAL NOTICE CONCERNING DIRECTORY INFORMATION The district’s policy is for education records to be kept confidential except as permitted by the FERPA law, and the district does not approve any practice, which involves an unauthorized disclosure of education records. In some courses student work may be displayed or made available to others. Also, some teachers may have persons other than the teacher or school staff, such as volunteers or fellow students, assists with the task of grading student work and returning graded work to students. The District designates such student work as directory information and as non- education records. Each parent and eligible student shall be presumed to have accepted this designation in the absence of the parent or eligible student giving notification to the District in writing in the manner set forth above pertaining to the designation of directory information. Consent will be presumed to have been given in the absence of such a notification from the parent or eligible student.Notice Concerning Designation of Law Enforcement Unit: The District designates the Buffalo County Sheriff’s Department as the District's “law enforcement unit” for purposes of (1) enforcing any and all federal, state or local law, (2) maintaining the physical security and safety of the schools in the District, and (3) maintaining safe and drug free schools. 505.2 Group Gifts to SchoolStudents should be discouraged from collecting money, setting aside funds, or purchasing gifts for faculty members. In some cases students may have class or activity funds remaining when school is over or a class graduates. In this case, with the superintendent's approval, the class may designate how the funds may be used by the school.In all instances, excess funds become school funds, and are not the property of a class, organization, club or individual student.505.3 CommencementCommencement exercise shall be under the direction of the superintendent and principal.505.4 Interviews with StudentsIndividual students may not be interviewed by any person, except an employee of the school without the approval of the superintendent or principal. No principal shall grant an interview unless he deems it essential to the welfare of the student or as required by court order or requested by law enforcement officers. If possible parents shall be notified in advance if an interview is granted under these circumstances. 505.5 Student Fees PolicyThe Board of Education of Pleasanton Public Schools adopts the following student fees policy in accordance with the Public Elementary and Secondary Student Fee Authorization Act.The Board of Education acknowledges that the Act authorizes school districts to charge fees for certain student activities and requires the district to adopt a policy addressing student fees. Further, the Board recognizes the fact that there are expenses relating to educational and extracurricular programs and activities that may require financial participation by students and their parents or guardians. It is the intent of the Board to provide equal access for students to all programs while complying with the laws of Nebraska and the rules and regulations of the Nebraska Department of Education.A. DEFINITIONS. For the purposes of this policy, the following definitions shall apply: 1. Extracurricular activities means student activities or organizations which are supervised or administered by the school district, which do not count toward graduation or advancement between grades, and in which participation is not otherwise required by the school district.2. Postsecondary education costs means tuition and other fees associated with obtaining credit from a postsecondary educational institution. For a course in which students receive both high school and postsecondary education credit, tuition and other fees associated with obtaining credits from a postsecondary educational institution will be the responsibility of the student.B. FEES AUTHORIZED Except as provided otherwise herein, the district may require and collect fees or other funds from or on behalf of students or require students to provide specialized equipment or attire for any of the following purposes: 1. Participation in extracurricular activities, including extracurricular music courses; 2. Admission fees and transportation charges for attending extracurricular activities; 3. Postsecondary education costs; 4. Transportation fees for option students not qualifying for free lunches as allowed by state statute; 5. Copies of student files or records as allowed by state statute; 6. Reimbursement to the district for property lost or damaged by the student; 7. Before-and-after-school or pre-kindergarten services in accordance with state statute; 8. Summer school or night school; 9. Breakfast and lunch programs; and 10. Any other fee authorized by law.C. PERSONAL OR CONSUMABLE ITEMS. The district shall require students to furnish minor personal or consumable items for specified courses and activities, including, but not limited to, pencils, pens, erasers, crayons, scissors, basic clothing, notebooks, and similar personal or consumable items. Including those items already mentioned, students shall be required to furnish the following personal or consumable items: * PE shoes * Facial tissues D. NONSPECIALIZED ATTIRE (CLOTHING). Students have the responsibility to furnish and wear nonspecialized attire meeting general District grooming and attire guidelines, as well as grooming and attire guidelines established for programs attended by the students or in which the students participate. Students also have the responsibility to furnish and wear nonspecialized attire reasonably related to the programs, courses and activities in which the students participate where the required attire is specified in writing by the administration, sponsor, coach, or teacher responsible for the program, course or activity.Students shall be required to furnish and wear the following nonspecialized attire meeting the general guidelines for the course and activity: * PE clothing (Jr/Sr High) * Practice clothing for athletic activitiesE. COURSE PROJECT MATERIALS. Students have the responsibility to furnish or pay the reasonable cost of any materials required for course projects where, upon completion, the project becomes the property of the student. Such materials are subject to the District’s fee waiver policy (Section O) for general class projects. Students must furnish musical instruments for participation in optional music courses that are not extracurricular activities. Use of a musical instrument without charge is available under the District’s fee waiver policy (Section O); however, the District shall not be obligated to provide a particular type of musical instrument for any student.F. EXTRACURRICULAR ACTIVITIES – SPECIALIZED EQUIPMENT/ATTIRE. The district will generally furnish students with specialized equipment and attire for participation in extracurricular activities. The District is not required to provide for the use of any particular type of equipment or attire. Students shall be required to furnish the following specialized equipment or attire and shall be responsible for: * Equipment or attire fitted for the student and which the student generally wears exclusively, such as dance squad, cheerleading, and music/dance activity (e.g. choir or swing choir) uniforms and outfits, along with T-shirts for teams or band members, * The cost of maintaining any equipment or attire, including uniforms, which the student purchases or uses exclusively, * Equipment that is ordinarily exclusively used by an individual student participant throughout the year, such as golf clubs and the like, * Items for the personal medical use or enhancement of the student (braces, mouth pieces, and the like), and * Attire that the students name is printed on (football jerseys, basketball warm-up shirts, and the like).For music courses that are extracurricular activities, students may be required to provide specialized equipment, such as musical instruments, or specialized attire, or paying a reasonable usage cost for such equipment or attire.G. EXTRACURRICULAR ACTIVITIES – PARTICIPATION FEES. The District does not generally charge fees for participation in extracurricular activities.H. POSTSECONDARY EDUCATION. Students are responsible for postsecondary education costs.I. TRANSPORTATION COSTS. Students are responsible for fees established for transportation services provided by the District as and to the extent permitted by federal and state laws and regulations.J. COPIES OF STUDENT FILES OR RECORDS. No fee shall be charged to students, their parent(s), and/or guardian(s) for copies of a student’s files or records.K. BEFORE AND AFTER SCHOOL/PREKINDERGARTEN. Students are responsible for fees required for participation in before-and-after-school or prekindergarten services offered by the District, except to the extent such services are required to be provided without costs. L. SUMMER AND NIGHT SCHOOL. Students are responsible for fees required for participation in summer school or night school (Driver Ed). Students are also responsible for correspondence and Novanet courses that are taken to “make- up” credits that were lost due to failing a course or losing credit for too many absences.M. BREAKFAST AND LUNCH PROGRAM. Students shall be responsible for items, which they purchase, from the District’s breakfast and lunch programs. The cost of items to be sold to shall be consistent with applicable federal and state laws and regulations.Students are also responsible for the cost of food, beverages, and personal or consumable items which the students purchase from the District or at school, whether from a “school store,” a vending machine, a booster club, student club, or parent group sale, a book order club, or the like. Students may be required to bring money or food for field trip lunches and similar activities.N. OTHER ITEMS. Charges for yearbooks, class rings, letter jackets, and similar items are sold as a convenience to students and are not fees and are not covered by this policy. Fines for overdue library books, abuse of school parking privileges, and other school rules, regulations, and policies developed for the safe and efficient operation of the school are not student fees. Driver education, graduation items, and other like costs are the responsibility of the student.O. WAIVER POICY. The District’s policy is to provide fee waivers in accordance with the Public Elementary and Secondary Student Fee Authorization Act. Students who qualify for free or reduced-price lunches under the United States Department of Agriculture child nutrition programs shall be provided a fee waiver or be provided the necessary materials or equipment without charge for: (1) participation in extracurricular activities, (2) materials for course projects, and (3) use of a musical instrument in optional music courses that are not extracurricular activities. Participation in a free or reduced-lunch program is not required to qualify for purposes of this section. Materials for course projects to be provided to eligible students shall be required to be approved by the administration, which shall apply a standard based on providing materials which are equitable to those purchased by comparable students.P. DISTRIBUTION OF POLICY. The Superintendent of the Superintendent’s designee shall publish the District’s student fee policy in the student handbook or the equivalent. This shall be provided to students of the District at no cost.Q. PUBLIC HEARING. On an annual bases the School Board shall hold a public hearing at a regular or special meeting of the Board on a proposed student fee policy, following a review of the amount of money collected from students pursuant to, and the use of waivers provided in, the student fee policy for the prior school year. The student fee policy shall be adopted by a majority vote of the School Board and shall be published in the student handbook. R. STUDENT FEE FUND. The School Board hereby establishes a Student Fee Fund. The Student Fee Fund shall be a separate school district fund not funded by tax revenue, into which all money shall be expended for the purposes for which it was collected from students. Funds subject to the Student Fee Fund consist of money collected from students for: (1) participation in extracurricular activities, (2) postsecondary education costs, and (3) summer or night school.505.6 School Wellness Policy School Wellness PolicyA mission of Pleasanton Public Schools is to provide curriculum, instruction, and experiences in a health-promoting school environment to instill habits of lifelong learning and health. Therefore, the Board adopts the following School Wellness Policy.1. Goals to Promote Student Wellness The District has established the following student wellness goals that are designed to promote student wellness in a manner that the District determines to be appropriate: a. Nutrition Education. To implement a curriculum that meets or exceeds the health and nutrition education objectives established by the Nebraska Department of Education. b. Physical Activity. To implement a curriculum that meets or exceeds the health and physical education objectives established by the Nebraska Department of Education. c. Other School Activities. To offer other suitable opportunities for students to engage in health-promoting activities.The Superintendent or designee shall establish such further goals as are determined appropriate to meet the stated mission.2. Nutrition Guidelines Nutrition guidelines have been selected by the District for all foods available in each school building during the school day with the objective of promoting student health and reducing childhood obesity. The guidelines are as follows: (1) school breakfast and lunch programs will be offered which meet or exceed the requirements of federal and state law and regulatory authorities and (2) no foods in competition with the school lunch or breakfast program shall be sold or otherwise made available to students anywhere on school premises during the period of one-half hour prior to the serving period for breakfast and lunch and lasting until one-half hour after the serving of breakfast and lunch. The Superintendent or designee shall establish such further nutrition guidelines as are determined appropriate to meet the stated mission.3. Assurance for Reimbursable School Meals The District gives the assurance that the District’s guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and sections 9(f)(1) and 17(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)), as those regulations and guidance apply to the District.4. Plan for Measuring Implementation and Designation of Responsible Persons The Superintendent or the Superintendent’s designee is charged with operational responsibility for ensuring that the school meets the Wellness Policy. The Superintendent or designee shall measure implementation of the Wellness Policy by conducting periodic reviews or receiving periodic reports. 5. Development of Policy The District assures that development of the Wellness Policy involved parents, students, representatives of the District’s nutrition services department, the school board, school administrators, and the public.Legal Reference: The Child Nutrition and WIC Reauthorization Act of 2004, 42 USC 1751; Regulations and Procedures for Accreditation of Schools, NDE Rule 10; National School Lunch Program, 42 U.S.C §§1751-1760, 1770; 7 CFR § 210Date of Adoption: MAY 8, 2006Administrative Regulation for School Wellness PolicyAdditional Wellness Goals, Nutrition Guidelines and Implementation Plan The School Wellness Policy establishes a mission of providing a curriculum, instruction, and experiences in the environment of a health-promoting school community, to instill habits of lifelong learning and health. The School Wellness Policy authorizes the Superintendent to establish such further goals and nutrition guidelines as are determined appropriate to meet the stated mission. This regulation sets forth additional goals and nutrition guidelines as appropriate to meet the District’s school wellness mission and implement the School Wellness Policy. Nutrition Education Activities to Promote Student Wellness The base goal is to implement a curriculum that meets or exceeds the health and nutrition education objectives established by the Nebraska Department of Education. The administration establishes the following additional goals and actions to achieve such goals:1. Curriculum: Nutrition education will be integrated into other subjects to complement, but not replace, the health and nutrition education curriculum that is provided in accordance with NDE Rule 10. Educators are to incorporate the promotion of healthy eating nutrition lifestyles in all subject areas as appropriate. 2. Display Nutrition Education Materials: The cafeteria shall display posters or other communications suitable to the ages of students served that promote healthy nutrition choices (e.g., display food pyramid). Educators are encouraged to incorporate such communications in their classrooms as well. 3. Nutrition Health Events: Educators are encouraged to search for and take advantage of events that promote nutrition education. Activities may include: a. health fairs b. traveling health exhibits c. field trips to farm or food production facilities d. school gardens e. health speakers (school assemblies or class speakers on nutrition) 4. Family: a. Parents are to be welcomed to join their children at school lunch as appropriate. b. School communications to parents will include information about healthy nutrition; such as by including information about healthy snacks for children. 5. Staff: Our employees are encouraged to be healthy role models for students. It is important for students to receive consistent messages. Staff is discouraged from eating foods or drinking beverages of minimal nutritional value during the school day in the presence of students. Physical Activities to Promote Student Wellness The established goal is to implement a curriculum that meets or exceeds the health and physical education objectives established by the Nebraska Department of Education. The administration establishes the following additional goals and actions to achieve such goals:1. Curriculum: Health and physical education will be integrated into other subjects to complement, but not replace, the health and physical education curriculum provided in accordance with NDE Rule 10. Educators are to incorporate physical activity promotion and non-sedentary lifestyles in all subject areas as appropriate. 2. Physical Activity During the School Day: a. Recess: i. Elementary students will have the opportunity for daily recess. Weather and other conditions permitting, recess will be outdoors. Students who are idle during recess are to be encouraged by supervising staff to engage in physical activity. Daily minimums are as follows: Pre-school: 30 minutes; Grades K-3: 50 minutes; Grades 4-6: 35 minutes. Minimums include lunch recess. Minimums are set for “ordinary” days and are subject to modification in the judgment of the educator when events such as field trips, testing, etc. occur during the day. ii. Middle School and High School students will have the opportunity for physical activity during their lunch period. The gym or outside facilities will be open to use during lunch when possible. b. Class Time: Physical activity within class periods (e.g. stretching breaks when students are at task for more than 50 minutes) will be encouraged. 3. Physical Activity To/From School: a. To encourage biking or walking to school. b. In establishing bus pick up/drop off sites, the fact that students will have to walk farther from a particular site will not necessarily be considered as a negative factor. 4. As Punishment: Physical activity will not be used as punishment and will not be withheld as punishment. This guideline shall not apply to extra-curricular activities. Educators may use appropriate professional discretion to make exceptions to this guideline. In no event, however, will physical activity be used as a form of corporal punishment. 5. Display Physical Activity Educational Materials: The cafeteria, gym and health classrooms shall display posters or other communications suitable to the ages of students served that promote physical activity and non-sedentary lifestyles (e.g., display sports posters, walking fitness posters). Educators are encouraged to incorporate such communications in their classrooms as well. 6. Physical Activity Health Events: Educators are encouraged to search for and take advantage of events that promote physical activity education. Activities may include: a. health fairs b. traveling health exhibits c. field trips to physical activity centersPage 156 of 354 d. physical activity speakers (school assemblies or class speakers representing sports figures, medical people e. 7. Family: a. The school’s physical activity facilities (playground, gym) will be made available to use by parents with their children outside the normal school day, subject to priority use being for children and subject to other competing uses and safety and risk management considerations. b. School communications to parents will include information that promotes physical activity. Such communications may include information about the benefits of physical activity to children and the distribution of information about youth sports programs. 8. Staff: Our employees are encouraged to be healthy role models for students. It is important for students to receive consistent messages. Staff is encouraged to be seen engaging in non-sedentary lifestyles. For example, staff is encouraged to walk or bike to work; use stairs even if an elevator available; and share as appropriate personal information about physical activities they engage in to remain fit. Other School Activities to Promote Student Wellness The established goal is to offer other suitable opportunities to students to engage in health- promoting activities. The administration establishes the following additional goals and actions to achieve such goals: 1. Extracurricular Programs: The District will offer athletic and other activity programs subject to and in compliance with the bylaws of the Nebraska School Activities Association. 2. After-School Facility Uses: The school’s physical activity facilities (playground, gym) will be made available to use by students outside the normal school day, subject to other competing uses and safety and risk management considerations. 3. Advertising: The administration will monitor advertising that occurs in the school and endeavor to limit messages that promote foods of minimal nutritional value. 4. Staff Development: a. Professional staff members will be provided with professional development and guidance on appropriate practices and procedures to implement the school wellness goals and recommendations. Professional development activities will include activities each year related to the integration of physical activities and nutrition education into the academic curriculum, use of food as rewards and denial of physical activities as a disciplinary consequence, and other wellness goals and activities. b. The District will provide ongoing training and development for food service staff related to nutrition and wellness goals and activities. 5. Community Resources: The administration will coordinate the school wellness program efforts with those available from medical and other community organizations.Page 157 of 354 Nutrition Guidelines The established nutrition guidelines for foods available in each school building during the school day are as follows: (1) school breakfast and lunch programs will be offered which meet or exceed the requirements of federal and state law and regulatory authorities and (2) no foods in competition with the school lunch or breakfast program shall be sold or otherwise made available to students anywhere on school premises during the period of one-half hour prior to the serving period for breakfast and lunch and lasting until one-half hour after the serving of breakfast and lunch. The administration establishes the following additional nutrition guidelines and actions to meet the guidelines:1. Conditions for School Meals: a. Scheduling meals. Lunch periods will be scheduled at times when students are in need of nutrition (e.g., in the middle of their school day). Students will be provided adequate time to eat. In general students will, upon arrival in the cafeteria, have at least 10 minutes to eat breakfast and 15 minutes to eat lunch. b. Conditions for meals. Efforts shall be made to establish comfortable and relaxed eating conditions. The factors to promote these conditions will be a clean, orderly environment, pleasant food services staff, adequate seating, enforcement of student conduct rules and adequate supervision. 2. Selection of School Meals: a. School Meals: School meals shall at a minimum meet nutrition requirements established by state and federal law. The school food service staff is to offer meals that are of a nutritional value higher than that required. Emphasize is to be on good menu planning principles that offer healthy food choices including lean meats, a variety of fruits and non-fried vegetables daily, whole grains once each week, and low-fat or nonfat milk daily. Locate these choices where they are readily accessible to students. Limit portion sizes of desserts and fried foods. b. Ala carte selections: Elementary students are to be offered balanced meals. Elementary students are not to be sold individual food or beverage selections except for limited portions of low-fat foods, no-fat milk, fruits, and non-fried vegetables. Middle School and High School students may be sold foods and beverage ala carte provided the ala carte items not include foods of minimal nutritional value and that the offerings include fruits, non-fried vegetables, and healthy beverages (waters and 100% fruit juices). 3. Student’s Meals From Home: Students will be discouraged from sharing food and be prohibited from sharing foods brought from home. Parents will be encouraged via health promotional materials to make healthy choices for student lunches. 4. Closed Campus. To encourage students to eat a nutritious lunch, students will not be permitted to leave school during the school day for the purpose of lunch. Exceptions: Students may leave at lunch time if they will be eating lunch at home,Page 158 of 354 with parent permission. Students who leave campus for lunch may not bring any purchased meals or other food back to school. The administration may grant special exceptions to the closed campus rule as needed (e.g., for students with special dietary needs) 5. Vending machines: a. Vending machines with foods of minimal nutritional value will not be available for student use at any school for the period of ½ hour before and ½ hour after breakfast and lunch periods. b. Elementary school students: Vending machines with foods of minimal nutritional value will not be available to use by elementary school students at any time during the school day. c. Middle and High school students: Vending machines with foods of minimal nutritional value will not be available to use by high school students for the period of 1 hour before and 1 hour after breakfast and lunch periods. d. Promotion of Healthy Choices: At least one vending machine in each school building shall include healthy choices (e.g., water, 100% fruit juices, low-fat/non-fat milk, animal crackers, granola bars, whole-grain fruit bars, pretzels, nuts, plain trail mix). 6. Foods available during the school day: a. Water: Students will be allowed access to water during the school day. Water fountains are available. Educators may in their discretion allow students to bring water bottles to classes. Students will not be permitted to bring soda pop or other drinks or food to class. b. Food rewards. Food will not be used as rewards. No foods are to be provided by the school or school staff during instructional time except: healthy foods, foods provided for instructional purposes (e.g., cultural programs, FCS classes, and foods given in accordance with a special education student’s IEP). c. Classroom Celebrations: i. Staff is not to offer students foods of minimal nutritional value for classroom celebrations. ii. Parents are to be encouraged to bring healthy foods for classroom celebrations. 7. Fund-raising: a. School clubs are not to sell foods of minimal nutritional value for the period of ½ hour before and ½ hour after breakfast and lunch periods. b. Student clubs are encouraged to not sell foods of minimal nutritional value as part of fund-raising efforts. c. Each activity sponsor shall report to the Principal the percentage of total fund-raising receipts from sales of foods of minimal nutritional value as of the end of the each school year. 8. School activities/events: a. Athletes: Student athletes serve as role models. Coaches are to encourage healthy eating by student athletes. The coaches’ conduct rules may limit consumption of foods of minimal nutritional value by their athletes duringPage 159 of 354 their sport season. b. Concessions: Concession stands will include healthy food choices. Efforts will be made to reduce offerings of foods of minimal nutritional value. 9. Definition of Foods of Minimal Nutritional Value: For purposes of this regulation, “foods of minimal nutritional value” has the same meaning as in the federal regulations for the National School Lunch program. Foods of minimal nutritional value are as follows: Food of minimal nutritional value means: (i) In the case of artificially sweetened foods, a food which provides less than five percent of the Reference Daily Intakes (RDI) for each of eight specified nutrients per serving; and (ii) in the case of all other foods, a food which provides less than five percent of the RDI for each of 8 specified nutrients per 100 calories and less than 5% of the RDI for each of eight specified nutrients per serving. The 8 nutrients to be assessed for this purpose are -- protein, vitamin A, vitamin C, niacin, riboflavin, thiamine, calcium, and iron.Specific foods of minimal nutritional value are: (1) Soda Water. (2) Water Ices (except those, which contain fruit or fruit juices). (3) Chewing Gum. (4) Certain Candies -- Processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients, which characterize the following types: (i) Hard Candy -- A product made predominantly from sugar (sucrose) and corn syrup which may be flavored and colored, is characterized by a hard, brittle texture, and includes such items as sour balls, fruit balls, candy sticks, lollipops, starlight mints, after dinner mints, sugar wafers, rock candy, cinnamon candies, breath mints, jaw breakers and cough drops. (ii) Jellies and Gums -- A mixture of carbohydrates which are combined to form a stable gelatinous system of jelly-like character, and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices. (iii) Marshmallow Candies -- An aerated confection composed as sugar, corn syrup, invert sugar, 20 percent water and gelatin or egg white to which flavors and colors may be added. (iv) Fondant -- A product consisting of microscopic-sized sugar crystals which are separated by thin film of sugar and/or invert sugar in solution such as candy corn, soft mints. (v) Licorice -- A product made predominantly from sugar and corn syrup, which is flavored with an extract made from the licorice root. (vi) Spun Candy -- A product that is made from sugar that has been boiled at high temperature and spun at a high speed in a special machine.Page 160 of 354 (vii) Candy Coated Popcorn. -- Popcorn that is coated with a mixture made predominantly from sugar and corn syrup. 10. Definition of Healthy Foods: For purposes of this regulation, “healthy foods” means foods that are not foods of minimal nutritional value, and that are low in fats, sodium and sugars, and high per serving in the nutrients which are needed to meet Reference Daily Intakes. Page 161 of 354 600 EDUCATIONAL PROGRAM601.1 Type of OrganizationThe Pleasanton Public Schools shall be organized as a K-12 basis.601.2 School CalendarA school calendar shall be made up each year.The Principal shall make up the calendar with input form the Superintendent, staff and others that may have information for the next school year.601.3 School Year - School Day - Instructional TimeA. The minimal school year for the Pleasanton Public School shall consist of 1080 instructional hours for high school (grades 9-12) and 1032 instructional hours for junior high (grades 7-8) and elementary grades (K-6). The instructional program shall include the time when school is scheduled to begin until the time when school is scheduled to end each day. The time scheduled for lunch period shall be excluded from instructional program time. Passing time between periods may be counted as instructional time.Time when school is not in session shall not count toward the 1080, 1032 or 400 instructional hour requirements. Time when school is not in session shall include, but not be limited to school dismissed for inclement weather, in-service activities or special dismissals.Hours scheduled for inter-scholastic sports, and some other activity contests shall be excluded from the 1080 and 1032 instructional hours except for the Nebraska School Activities Association sponsored district and state contests and state play-off participation. Nebraska State Department of Education scheduled district and state sponsored contests and events may be included in instructional hours.Sufficient hours shall be scheduled and added to the instructional program hours in the school year so that interruptions to instructing hours, due to interscholastic activities and other identified interruptions, do not infringe upon the 1080 and 1032 instructional hours. Time scheduled for student participation in and faculty sponsorship of interscholastic sports, clubs, and contests shall be regulated to meet the intent of LB994 and the regulations of Rule 10 (004.02A2)Interscholastic sports, clubs and contests shall be defined as school activities and events that involve student participation and faculty sponsorship. The activities and events are identified as all athletic events, (Football, Basketball, Golf, Volleyball, and Track). Music, Drama, Speech, Debate, and certain field trips or special class instruction may be included in the instructional hours.Page 162 of 354 B. The instructional hour shall consist of sixty minutes of time scheduled for teachers and students for academic instructional purposes.C. Students scheduled to be absent from instructional hours for interscholastic sports, clubs and contests shall be required to make up all assigned school academic work in an acceptable manner before leaving and being excused for the activity. Failure to comply with this procedure shall be cause for the student not to attend the scheduled activity as part of the school sponsored team or group.D. Seniors students scheduled for graduation may be excused from some instructional hours at the end of the second semester providing they have met the academic requirements of their present individual scheduled courses, and have met the academic and attendance requirements for graduation. All students shall be expected and required to be in attendance during the scheduled instructional program hours unless properly excused congruent with attendance policies.E. A yearly record shall be provided by the administration of all interruptions to the instructional program to provide evidence of meeting the intent of this policy.Administrative Guidelines for School Year, School Day Instructional TimeA. The school year for the high school shall consist of around 175 days of at least 400 minutes each day of instructional time exclusive of 30 minutes allowed for lunch.B. The school day will begin before 8:30 a.m. and conclude before 4:00 p.m. The Friday school day will conclude before 3:00 p.m. Due to heat school may be dismissed before 2:00 p.m.C. The school year for the high school will provide for more than 1080 instructional hours which will allow for at least 50 hours of interruptions for interscholastic sports, clubs and contests, as well as early Friday dismissal, inclement weather cancellations and other school interruptions.D. Interruptions to instructional time shall not exceed 72 hours so as to guarantee 1080 academic instructional hours for teachers and students.E. Interruptions for assemblies, picture days and field trips may be counted as instructional time, but efforts shall be made to keep these on a limited basis.F. Junior high grades (7&8) shall be in session the same hours as the high school although not required by statute.G. The elementary school shall consist of the same times as the high school, exclusive of 30 minutes allowed for lunch. This will provide for more than 100 hours of interruptions for inclement weather, grade parties, parent-teacher conferences and other interruptions to the instructional day. Recess time shall be included in the instructional day.Page 163 of 354 H. Kindergarten will be in session at least 1032 instructional hours free of interruptions. 601.4 Ceremonies and ObservancesCommemoration of special days and events shall be arranged.Appropriate exercises may be held for the following: Veterans' Day, Martin Luther King Day, Presidents' Day, Flag Day, Memorial Day, and State Fire Day (the Friday before the Fire Recognition Day, which is the second Saturday in May). An educational program on the United States Constitution shall be held on September 17 every year, or in the preceding or following week if September 17 falls on a weekend or a holiday.The flags of the United States of America and the State of Nebraska shall be prominently displayed on the school grounds on each day such school is in session. All flag displays shall be in accordance with the standards prescribed for the display of the flag of the United States of America. Page 164 of 354 602 PROGRAMS OF INSTRUCTION602.1 Elementary CurriculumThe guidelines for the elementary curriculum are found in Rule 10 of the State of Nebraska Standards for Schools.The elementary school shall provide instruction in: Reading and Language Arts, Mathematics, Social Studies, Science, Health, Physical Education, Art and Music.All children shall receive instruction in the use of the library-media cataloging system before entering the sixth grade. 1032 instructional hours will be provided for grades kindergarten-six.602.2 Junior High SchoolThe Junior High curriculum includes: Social Studies, Math, English, Science, Physical Education, Chorus, PEER, Career Ed., Shop, Home Economics and Art.1080 instructional hours will be provided for junior high students.602.3 Senior High SchoolThe instructional program in high school (grades 9-12) shall include as a minimum the following subject fields for the number of instructional units shown in each:Language Arts: 60 Social Science: 40 Mathematics: 40 Science: 40 Foreign Language: 20 Vocational Education and/or Practical Arts: 80 Visual and Performing Arts: 40 Personal Health and Physical Fitness: 10 Computer Education: Included in the curriculum1080 instructional hours will be provided for high school students.602.4 Summer SchoolA decision to have summer school shall be at the discretion of the Pleasanton Board of Education.Page 165 of 354 602.5 Curriculum - Assessments1. State Assessments.The Pleasanton Public School District has adopted an assessment plan and has aligned the curriculum with the state approved content standards. The assessment plan includes a schedule and procedures for assessing success in achieving state standards. Teachers are to clearly articulate the learning targets and align instruction to the learning targets within each of the content standards. Teachers are to give students instruction on the content prior to students being assessed on each content standard in order to provide learning opportunities for all students.The assessments are to be conducted in accordance with the assessment plan schedule. Teachers are to conduct the assessments in a manner that assures it accurately assesses whether or not students are meeting the targets outlined by the content standards. Assessment results are to be reported by the teachers in the manner and within the time directed by the administration or designee. The assessment data is to be used to meet state standards, to provide students and parents with information about student progress, to enhance school improvement planning, and to improve instruction. The assessment data is to be evaluated by teachers to monitor student learning and to improve instruction or terminate ineffective teaching practices to ensure students are being given the opportunity to meet the standards. 2. Achieving Valid Assessments. Educators are responsible for maintaining the integrity of the assessments to ensure that assessments provide a valid measure of student progress and accomplishments. Educators are not to engage in any practice that may result in assessment results that do not reflect student learning, knowledge, skills or abilities in the area assessed. For purposes of this policy, student assessments include both “standardized assessments” (including state assessments, norm referenced tests, and evaluations conducted for special education eligibility) and “coursework assessments” (e.g., classroom tests, quizzes, and other evaluative tools used to assign grades). The following specific assessment expectations and rules apply: a. Integrity of the Assessment Instrument. The integrity of the assessment instrument is to be maintained. i. Standardized Assessments. Standardized assessment instruments are not to be made available to students at any time before the student takes the assessment. The assessment instrument is to be maintained in a secure manner. Page 166 of 354 ii. Coursework Assessment s. Coursework assessment instruments are to be periodically modified to keep the assessments current and prevent students from effectively using “test banks.” For coursework assessments that are given on a repeat basis to students at different times (e.g., a test that is given to students throughout the school day), the educator is to remind students to not share the content of the assessment with students who will be taking the assessment later. b. Teaching for Success on Assessments. It is appropriate for educators to prepare students to do well on assessments. This is to be accomplished in a manner that assures the assessment accurately reflects the student’s knowledge, and not simply test preparation. i. Teach the Content. Educators are to prepare students to do well on assessments by teaching the subject content. Educators are not to “teach to the test” by teaching based solely on the content of the assessment. The content is to be taught to the students over an appropriate amount of time prior to the assessment. “Cramming” assessment content just before the assessment is to be taken is not appropriate. Review of content previously taught is appropriate. ii. Practice Tests. Educators are to prepare students by teaching test taking skills independent of the subject matter being assessed. Educators are not to conduct reviews (drills) using earlier (no longer published) versions of the same test, using alternate (parallel) forms of the same published test, or using actual items from the current form of a standardized test that will be administered to students. Educators are not to conduct reviews (drills) using items of identical format (for example, multiple choice) to the exclusion of other formats. c. Conditions for Successful Assessments. i. Communications. Educators are to communicate to students and parents when assessments will be administered, the purpose of the assessment and how the assessment results will be used. Educators are to motivate students to do their best on assessments. Educators are to read and be familiar with assessment administration directions in advance and communicate the rules to students accurately and clearly. ii. Climate. Educators are to have sufficient assessment materials available (e.g., No. 2 pencils, if needed). The classroom is to be arranged to allow comfortable seating. Distractions are to be eliminated. Educators in nearby classrooms are to be informed that the assessment is to be administered so noises from neighboring classrooms are kept at a minimum. Activities or arrangements are to be made for students whoPage 167 of 354 finish early so such students do not cause a distraction to other students still taking the assessment. iii. Security. Educators are to monitor students while administering assessments to ensure students are complying with standards of academic integrity. Students who violate standards of academic integrity are to be reported to the administration. d. Full Participation. Educators are to make efforts to have all eligible students take the assessments. The educator should develop a list of students who will be exempted from assessment and the reason for the exemption and submit the list for review and approval by the Principal. e. Assistance During Assessments. i. Standardized Assessments. Educators are not to provide assistance to students while a standardized assessment is being administered except as provided for in a student’s 504 Plan or IEP. This includes giving “hints,” giving extra time, reading the tests to students or defining or pronouncing words for students, allowing students access to instructional material related to the content of the assessment (e.g., displaying a map during a social studies assessment) or allowing students access to mechanical aids (e.g., calculators). ii. Coursework Assessments. For coursework assessments, students may be allowed access to instructional materials or mechanical aids only when all students being given the assessment are given the aids and use of the aids does not hinder the students from learning the content of the lesson. f. Student Answers. Assessments are to reflect the students’ work as submitted by the students. During the assessments, educators are to monitor students to make sure directions are being followed (e.g., students are using a No. 2 pencil on all “bubble” sheet assessments and completely erase mistaken answers and extra marks on “bubble” sheet assessments). Educators are not to change answers on a student’s assessment sheet or otherwise participate in the submission of false or misleading assessment results. All employees are to adhere to Nebraska’s NeSA Security Procedures and report breaches in security to Superintendent or the Superintendent’s assessment designee for report to the Nebraska Department of Education. Professionalism, common sense, and practical procedures provide the framework for testing ethics.Violations of the rules and expectations set forth in this policy will be considered to be a breach of the District’s standard of ethics and may result in disciplinary consequences. Educators are to report suspected violations of the expectation to the administration. The administration is to investigate and appropriately respond to violations of the expectations. Page 168 of 354 Legal Reference: NDE Rule 10.05; NDE Rule 27.004.02H and 004.03D Date of Adoption: July, 2011602.5a Assessments—Academic Content Standards The Board of Education adopts the academic content standards of the State Board of Education (“State Board”). The adoption of the academic content standards includes the: Language Arts standards that were adopted by the State Board in September, 2014; Mathematics standards that were approved by the State Board in October 2010; Science standards that were adopted by the State Board in November, 2010; and Social Studies standards that were adopted by the State Board in December, 2012. Unless other action is taken, the Board of Education adopts the standards of the State Board as such standards are subsequently adopted or amended by the State Board. The administration shall be responsible for implementing assessments on the state standards in accordance with the procedures established by the State Board and the Department of Education, including conducting assessments in the same subject areas and the same grade levels as established in the state standards, and the reporting of scores and sub-scores.This policy does not supersede the existing standards adopted by the Board of Education except as set forth herein.Legal Reference: Neb. Rev. Stat. §§ 79-760 to 79-760.05 Date of Adoption: August 2015Page 169 of 354 602.6 Individuals with Disabilities ActSpecial Education PoliciesPleasanton Public Schools adopts this special education policy with the intent that the policy maintain the District’s compliance with all applicable laws affecting special education services and programs. The Superintendent or designees shall develop regulations or procedures to implement these policies. Employees and contractors of the District are expected to comply with these policies and all regulations, guidelines and procedures related to this policy in all respects.The District will abide by all state and federal laws relating to special education. The District’s special education policy and regulations, guidelines and procedures related to this policy are to be interpreted so as to be in compliance with such laws. In the event of changes in law, the school administration shall be authorized to implement modifications of practice to comply with such changes (whether the changes impose more or less stringent procedural or substantive requirements) until such time as amended policies are adopted by the Board of Education. References herein to 92 NAC 51 citations are made to Rule 51 as in effect on the date of the adoption of these policies. In the event of renumbering or other revisions to Rule 51, the policy shall be interpreted and implemented consistent with such renumbering or revisions.1. Free Appropriate Public Education A free appropriate public education shall be made available to all children with disabilities residing in the District from date of diagnosis through the school year in which the student reaches 21 years of age, including children with disabilities who have been suspended or expelled. Legal Reference: 92 NAC 51-004.01 through 004.03A and 007.07C2 through 007.07C62. Full Educational Opportunity Goal The District shall take steps to ensure that its children with verified disabilities have available to them the variety of educational programs and services available to children without disabilities in the areas served by the District, including art, music, industrial arts, family consumer science education, and vocational education. Legal Reference: 92 NAC 51-004.11A3. Child Find All children with disabilities residing in the District, including children with disabilities who are homeless or are wards of the state or attending nonpublic schools, regardless of the severity of their disabilities, who are in need of special education and related services, will be identified, located and evaluated and a practical method shall be developed and implemented by the administration to determine which children with disabilities are currently receiving needed special education and related services. Legal Reference: 92 NAC 51-006.01 through 006.01A2Page 170 of 354 4. Individualized Education Program (IEP) An individualized education program, or an individualized family service plan, is to be developed, reviewed, and revised for each child with a disability in accordance with 92 NAC 51- 007. Legal Reference: 92 NAC 51-0075. Least Restrictive Environment To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are to be educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment will occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Legal Reference: 92 NAC 51-008.01 through 008.0116. Procedural Safeguards Children with disabilities and their parents shall be afforded the required procedural safeguards. Legal Reference: 92 NAC 51-009.01 through 009.07; 009.10 through 009.12; 009.14, 006.07 and 016.01 through 016.07C 7. Evaluation and Identification Procedures Children with disabilities shall be evaluated and identified in accordance with 92 NAC 51- 006. The District will respond to a request for an Independent Educational Evaluation without unnecessary delay. Locations of any evaluator shall be within a reasonable distance of the District. A reasonable distance means within 100 miles of the school building the child attends and within Nebraska. In the event this geographic area restriction would prevent a parent from obtaining an Independent Educational Evaluation, the location of the evaluator may be outside the specified geographic area but must be within Nebraska. The District will provide the parent(s) with a list of qualified agencies/evaluators within the geographic area. The evaluators are to have their rates approved by the Nebraska Department of Education to be authorized to conduct the evaluation. Legal Reference: 92 NAC 51-0068. Confidentiality of Personally Identifiable Information The confidentiality of student records and information shall be maintained in accordance with law. Legal Reference: 92 NAC 51-003.16, 003.20, 009.03 through 009.03M39. Transition of Children from Part C to Preschool ProgramsPage 171 of 354 Children participating in early intervention programs under Part C of the IDEA (early intervention services) and who will participate in preschool programs assisted under Part B of the IDEA (services for school-aged children) shall experience a smooth and effective transition to those preschool programs in a manner consistent with 92 NAC 52-008. The District will participate in transition planning conferences arranged by the designated lead agency. Legal Reference: 92 NAC 52-00810. Children in Nonpublic Schools To the extent consistent with the number and location of children with disabilities in the District who are enrolled by their parents in nonpublic elementary and secondary schools in the District, provision will be made for the participation of those children in the programs assisted or carried out under Part B of the IDEA (services for school-aged children) by providing them with special education and related services. Legal Reference: 92 NAC 51-012.08 and 01511. Personnel Standards and Personnel Development Personnel providing special education or related services to children with disabilities shall be appropriately and adequately prepared and trained in accordance with IDEA requirements and the District will take measurable steps to recruit, hire, train and retain personnel meeting the requirements of IDEA to provide such services. Legal Reference: 92 NAC 51-01012. Participation in and Reporting of State and District Wide Assessments All children with disabilities shall be included in all general state and district wide assessment programs, including assessments described under section 612(a)(16)(A) of the IDEA with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs. The District will make available to the Nebraska Department of Education the information necessary to carry out its duties relating to the reporting of children with disabilities participation in assessments. Legal Reference: 92 NAC 51-004.05 13. Suspension and Expulsion Rates The District will examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities. Legal Reference: 92 NAC 51-004.06E14. Access to Instructional Materials As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, the District will enter into a written contract with the publisher of the print instructional materials to: 1. Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Material Access Center, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard, orPage 172 of 354 2. Purchase instructional materials from the publisher that are produced in, or may be rendered in specialized formats. Legal Reference: 92 NAC 51-004.1515. Over-Identification and Disproportionality PROCEDURES SHALL BE IN PLACE TO ENSURE THAT TESTING AND EVALUATION MATERIALS AND PROCEDURES UTILIZED FOR THE EVALUATION AND PLACEMENT OF CHILDREN WITH DISABILITIES WILL BE SELECTED AND ADMINISTERED SO AS NOT TO BE RACIALLY OR CULTURALLY DISCRIMINATORY. SUCH MATERIALS OR PROCEDURES SHALL BE PROVIDED AND ADMINISTERED IN THE CHILD’S NATIVE LANGUAGE OR MODE OF COMMUNICATION, UNLESS IT IS CLEARLY NOT FEASIBLE TO DO SO, AND NO SINGLE PROCEDURE SHALL BE THE SOLE CRITERION FOR DETERMINING AN APPROPRIATE EDUCATIONAL PROGRAM FOR A CHILD. Legal Reference: 92 NAC 51-003.10; 006.02C16. Prohibition on Mandatory Medication Children shall not be required to obtain a prescription for a controlled substance as a condition of attending school, receiving an evaluation to determine whether a child has a disability or the nature and extent of special education and related services the child needs, or receiving special education services. Legal Reference: 92 NAC 51-004.11D; 21 U.S.C. §812(c)17. Transportation Transportation will be provided for children with disabilities who are eligible for transportation and residents of the school district as required by law. Legal Reference: 92 NAC 51-014.01 through 014.0218. Surrogates A surrogate will be appointed and other action taken to ensure the rights of children with a disability as required by law. Legal Reference: 92 NAC 51-009.1019. Early Intervention Services – Consent When a parent refuses to provide consent under 92 NAC 52, a meeting will be held or offered to explain to the parents how their failure to consent affects the ability of their child to receive services under 92 NAC 52. Legal Reference: 92 NAC 52Legal Reference: 34 CFR Parts 300, 303 and 304 Neb. Rev. Stat. § 79-1110 to 79-1167 92 NAC 51Page 173 of 354 Date of Adoption: August 2015 Free Appropriate Public Education: Pleasanton Public Schools ensures that a free appropriate public education is available to all children, who live in the school district, with disabilities from birth through the school year in which the student reaches 21 years of age, including children who have been suspended or expelled from school.The requirement to a free appropriate public education does not apply with respect to children aged 8-21 to the extent that State law does not require that special education and related services be provided to children with disabilities who, in the education placement prior to their incarceration in an adult correctional facility, were not actually identified as being a child with a disability under IDEA, or did not have and IEP under Part B of the IDEA.Childfind:All children with disabilities residing in Pleasanton Public Schools, including children with disabilities attending non-public schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.Identification, evaluation and verification:Pleasanton Public Schools ensures that children with disabilities are evaluated in accordance with 92 NAC 51-006.Individualized education program:Pleasanton Public Schools ensures that an individualized education program (IEP), or an individualized family service plan (IFSP) is developed, reviewed, and revised for each child with a disability in accordance with 92 NAC 51-007.Least Restrictive Environment:To the maximum extent appropriate, children with disabilities, including children in public and non-public institutions or other care facilities, are educated with children who are not disabled, and special classed, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use or supplementary aids and services cannot be achieved satisfactorily. POLICIES AND PROCEDURES FOR SPECIAL EDUCATIONPOLICY - FREE APPROPRIATE PUBLIC EDUCATION PLEASANTON PUBLIC SCHOOLS ENSURES THAT A FREE APPROPRIATE PUBLIC EDUCATION IS AVAILABLE TO ALL CHILDREN WITH DISABILITIES FROM BIRTH THROUGH THE SCHOOL YEAR IN WHICH THE STUDENT REACHES 21 YEARS OF AGE, INCLUDING CHILDREN WHO HAVE BEEN SUSPENDED OR EXPELLED FROM SCHOOL.PROCEDURE004 Responsibility for Special Education Programs004.01 All providers of special education services shall be under the general supervision of the Department of Education for the purpose of meeting the standards of this Chapter. School districts shall insure that all children with verified disabilities, from birth through the school year in which the student reaches age twenty-one, including children who have been suspended or expelled from school, have available to them a free appropriate public education (FAPE) which includes special education and related services to meet their unique needs. School districts’ responsibility to ensure the availability of FAPE includes ensuring the availability of FAPE for resident students in detention facilities, correctional facilities, jails and prisons.004.02 The school district shall ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child is advancing from grade to grade.004.02A The determination that a child described in 92 NAC 51-004.02 is eligible under this part, must be made on an individual basis by the multidisciplinary evaluation team. 004.03 Exceptions to the Requirement to Provide a Free Appropriate Public Education004.03A Students with disabilities who have graduated from high school with a regular high school diploma are not eligible to receive a FAPE.004.03A1 The exception in 92 NAC 51-004.03A does not apply to students who have graduated but have not been awarded a regular high school diploma.004.03A2 Graduation from high school with a regular diploma constitutes a change in placement, requiring written prior notice in accordance with 92 NAC 51-009.03. 004.04 Participation in or attendance at programs by children with verified disabilities from date of diagnosis to age five shall be voluntary as specified by the parent. PERSON(S) RESPONSIBLE: Board of Education, Superintendent, Special Education Director, Principal, TeachersTIMELINE: OngoingMATERIALS: District policies and procedures, special education forms, Parent Rights Pamphlets, Parent training informationMETHODS: Through the implementation of the district’s special education policies and procedures, the district provides a free appropriate public education to all children with disabilities including children who have been suspended or expelled from school. It is anticipated that all student with disabilities will receive a regular high school diploma upon completion of their educational program. In those limited cases where it is determined that a student will receive other than a regular diploma the IEP Team, including the parents, will meet to discuss the student’s educational programming until age 21.POLICY- CHILD FIND ALL CHILDREN WITH DISABILTIIES RESIDING IN PLEASANTON PUBLIC SCHOOLS, INCLUDING CHILDREN WITH DISABILITIES WHO ARE HOMELESS CHILDREN OR WARDS OF THE STATE AND CHILDREN WITH DISABILITIES ATTENDING NON-PUBLIC SCHOOLS, REGARDLESS OF THE SEVERITY OF THEIR DISABILITIES, AND WHO ARE IN NEED OF SPECIAL EDUCATION AND RELATED SERVICES, ARE IDENTIFIED, LOCATED, AND EVALUATED AND A PRACTICAL METHOD IS DEVELOPED AND IMPLEMENTED TO DETERMINE WHICH CHILDREN WITH DISABILITIES ARE CURRENTLY RECEIVING NEEDED SPECIAL EDUCATION AND RELATED SERVICES.PROCEDURE006 Identification of Children with Disabilities, Multidisciplinary Teams and Reporting of Diagnostic Data006.01 Child Find006.01A All children with disabilities, including children with disabilities who are homeless children or wards of the State and children with disabilities attending nonpublic schools, regardless of the severity of their disabilities, and who are in need of special education and related services, shall be identified, located, and evaluated and a practical method shall be developed and implemented to determine which children with disabilities are currently receiving needed special education and related services. For infants and toddlers, districts shall demonstrate targeted efforts to meet the needs of children from historically underserved populations, particularly minority, low- income, inner-city and rural populations, and children with disabilities who are wards of the state.006.01A1 The child find requirements apply to highly mobile children with disabilities (such as migrant and homeless children); and to children under the age of 3 who are involved in a substantiated case of child abuse or neglect; who are identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure. 006.01A2 A child who is suspected of being a child with a disability under 92 NAC 51-003.08 and in need of special education, even though they are advancing from grade to grade.PERSON (S) RESPONSIBLE: Superintendent, Director of Special Education, School District AdministratorsTIMELINE: Print publications will occur each August, with ongoing activities occurring throughout the school year. MATERIALS: Print publications will occur in local newspaper, school calendar and student handbook. Ongoing activities include distribution of pamphlets to doctors’ offices, articles in school newspapers, etc.METHODS: Efforts to locate and evaluate resident children and students with disabilities who will benefit from special education and related services will be conducted on an ongoing basis in the following ways: 1. Health and general education screening will be conducted by the district as required by Nebraska state statutes and Nebraska Department of Education and Nebraska Department of Health and Human Services regulations. 2. Child find plans will be developed and records maintained to document all such activities of the district and to evaluate their effectiveness. Such records will include a copy of all public announcements. Persons making referrals will be asked where they acquired the information that led them to the school district. 3. The district will accept referrals for evaluation directly from parents, other agencies or school personnel for children below age five who may benefit from the provision of special education services. The district will conduct periodic screening activities to locate children with disabilities. POLICY -IDENTIFICATION, EVALUATION AND VERIFICATION PLEASANTON PUBLIC SCHOOLS ENSURES THAT CHILDREN WITH DISABILITIES ARE EVALUATED IN ACCORDANCE WITH 92 NAC 51-006.Procedures to ensure that testing and evaluation materials and procedures utilized for the purposes of evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory. Such materials or procedures shall be provided and administered in the child’s native language or mode of communication, unless it is clearly not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.PROCEDURE006.01C Student Assistance Team (SAT) or Comparable Problem Solving Team006.01C1 For a school age student, a general education student assistance team or a comparable problem solving team shall be used prior to referral for multidisciplinary team evaluation.006.01C2 The SAT or comparable problem solving team shall utilize and document problem solving and intervention strategies to assist the teacher in the provision of general education.006.01C3 If the student assistance team or comparable problem solving team feels that all viable alternatives have been explored, a referral for multidisciplinary evaluation shall be completed. A referral shall include information from the SAT or comparable problem solving team, meeting the requirements of 92 NAC 51-006.01C and a listing of the members of the SAT or comparable problem solving team.STUDENT ASSISTANCE TEAMPERSON(S) RESPONSIBLE: Director of Special Education, Principals, SAT Chairperson, SAT membersTIMELINE: Strategies designed, implemented, and evaluated for approximately __20___ school days. Specific number of days may vary depending on individual student needs, availability of data, and number of strategies implemented and the success of the strategies.MATERIALS: Student Assistance Team Referral, Student Assistance Team Report, Referral for Initial Evaluation, Notice and Consent for Initial EvaluationMETHODS: 1. The SAT shall coordinate and review the information from all staff members working with the referred student and the student’s parent(s) and guardian(s); 2. A building level SAT chairperson will be designed and shall be responsible for all communication with parents and school personnel regarding the operation of the team and information generated. The SAT chairperson shall insure that all information is properly documented. 3. When appropriate, the SAT will plan, implement and assess the effectiveness of alternative intervention strategies developed to assist the teacher in the provision of general education including: a. Reviewing relevant background information; b. Observing/presenting educational problems/behavior; c. Conferring with teacher(s), parent(s), and guardian(s); d. Planning alternative intervention strategies; e. Assisting teachers in implementing interventions; f. Monitoring and evaluating the effectiveness of the intervention; g. Providing written documentation of the above activities; and h. Making recommendations regarding referral distribution, which may include referral for a MDT assessment, continuation of classroom interventions and/or utilization of school or community resources. 4. If the SAT determines that appropriate options available in general education have been exhausted and there is a possible need of special education services, the student shall be referred to the multidisciplinary team for evaluation; 5. The SAT report shall be completed within a reasonable time of accepting the referral; 6. Referral information and written documentation of all SAT activities shall be incorporated into the student’s records; and 7. All referrals for a MDT evaluation shall be submitted on the appropriate district referral forms and must include information from the SAT including strategies/interventions attempted and a listing of team members.PROCEDURE (IDENTIFICATION, EVALUATION AND VERIFICATION {continued})006.02 Consistent with 92 NAC 51-009.05, 009.06 and 009.07, a parent of a child, the Nebraska Department of Education, another State agency or a local school district or approved cooperative may initiate a request for an initial evaluation to determine if the child is a child with a disability.006.02A Except for infants and toddlers, the resident school district or approved cooperative shall conduct a full and individual initial evaluation for each child being considered for special education and related services before the initial provision of special education and related services to a child with a disability. The initial evaluation shall determine whether a child is a child with a disability, and the educational needs of the child. For infants and toddlers, early intervention services in accordance with 92 NAC 51-007.13, may begin prior to completion of a full and individual initial evaluation.006.02A1 In implementing the requirements of 92 NAC 51-006.02A the school district or approved cooperative shall insure that: 006.02A1a The evaluation is conducted in accordance with the procedures described in Section 006 of this Chapter.006.02A1b The results of the evaluation are used by the child's IEP team in meeting the requirements of Section 007 of this Chapter.006.02B School districts or approved cooperatives shall insure, at a minimum, that the following requirements are met:006.02B1 Assessments and other evaluation materials used to assess a child under this Chapter;006.02B1a Are selected and administered so as not to be discriminatory on a racial or cultural basis; and006.02B1b Are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is not feasible to, provide or administer; 006.02B1b(i) For infants and toddlers, tests and other evaluation materials and procedures are administered in the native language of the parent or other mode of communication, unless it is clearly not feasible to do so.006.02B1c Are used for purposes for which the assessments or measures are valid and reliable. 006.02B2 Assessments of children with disabilities who transfer from one school district or approved cooperative to another school district or approved cooperative in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.006.02B3 Materials and procedures used to assess a child with limited English proficiency are selected and administered to insure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English language skills.006.02B4 A variety of assessment tools and strategies are used to gather relevant functional, developmental and academic information about the child, including information provided by the parent, and information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities), that may assist in determining:006.02B4a Whether the child is a child with a disability under 92 NAC 51-003.08; and006.02B4b The content of the child's IEP.006.02B5 Any standardized tests that are given to a child:006.02B5a Have been validated for the specific purpose for which they are used; and006.02B5b Are administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessments.006.02B5b(i) If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test, or the method of the test administration) must be included in the evaluation report.006.02B6 Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.006.02B7 Tests are selected and administered so as best to insure that if a test is administered to a child with impaired sensory, manual, or speaking skills, the test results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).006.02B8 No single measure or assessment is used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. 006.02B9 The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.006.02B10 In evaluating each child with a disability under Section 006, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.006.02B11 The school district or approved cooperative uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.006.02B12 The school district or approved cooperative uses assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.006.02C In interpreting evaluation data for the purpose of determining if a child is a child with a disability and the educational needs of the child, each school district or approved cooperative shall:006.02C1 Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; and006.02C2 Insure that information obtained from all of these sources is documented and carefully considered.006.02D Evaluation and assessment for infants and toddlers006.02D1 An evaluation is conducted in accordance with Section 006 of this Chapter to determine eligibility for services including determining the status of the child in each of the developmental domains.006.02D2 After a child has been verified the district must conduct an assessment of the unique needs of the child in terms of each of the developmental areas to identify services appropriate to meet the needs of the child.006.03 Multidisciplinary Evaluation Team (MDT) Requirements006.03A The multidisciplinary evaluation team (including the child's parents) shall be responsible for the analysis, assessment and documentation of educational and developmental abilities and needs of each child referred for the purpose of individual evaluation. Using the documentation collected and the verification criteria found in Section 006 of this Chapter and the definition found in 92 NAC 51-003.08, the MDT shall make all verification decisions. Documented information shall be collected to facilitate the development of a statement of present level of development and educational performance on the IFSP or IEP.006.03B For students attending nonpublic schools, an administrator of the nonpublic school or a designated representative of the nonpublic school shall be a member of the MDT.006.03C In making a determination of eligibility, a child shall not be determined to be a child with a disability if the determining factor is lack of appropriate instruction in reading, including in the essential components of reading instruction as defined in Section 614(a)(5)(A) of the Individuals with Disabilities Education Act of 2004 (See Appendix A), lack of instruction in math, or limited English proficiency.006.03D If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with Section 007 of this Chapter.006.03E Multidisciplinary Evaluation Team Written Report (for all suspected disabilities except specific learning disabilities)006.03E1 The team shall prepare a written report of the results of the evaluation. 006.03E2 The report shall include a statement of:006.03E2a Whether the child qualifies as a child with a disability based on the criteria contained in 92 NAC 51-006.04 and definition contained in 92 NAC 51-003.08 with reference to the specific disability;006.03E2b The child’s educational needs;006.03E2c The basis for making the determination; and006.03E2d A listing of the team members.006.03E3 Each team member shall certify in writing if the report reflects his or her conclusion. If it does not reflect his or her conclusions, the team member shall submit a separate statement presenting his or her conclusion. 006.03E4 A copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.006.03F Multidisciplinary Evaluation Team Written Report for a Child with a Suspected Specific Learning Disability 006.03F1 The MDT shall prepare a written report of the results of the evaluation.006.03F2 The report shall include a statement of:006.03F2a Whether the child has a specific learning disability based on the criteria contained in 92 NAC 51-006.04K and the definition found in 92 NAC 51-003.08J.006.03F2b The child’s educational needs;006.03F2c The basis for making the determination;006.03F2d The relevant behavior noted during the observation of the child;006.03F2e The relationship of that behavior to the child's academic functioning; 006.03F2f The educationally relevant medical findings, if any;006.03F2g The determination of the team concerning the effects of environmental, cultural, or economic disadvantage; and006.03F2h A listing of the team members.006.03F3 Each team member shall certify in writing if the report reflects his or her conclusion. If the report does not reflect his or her conclusions, the team member shall submit a separate statement presenting his or her conclusion.006.03F4 A copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.006.03G For a school age student who after initial MDT evaluation does not qualify for special education services or for a student with a verified disability who upon reevaluation no longer qualifies for special education services, a problem solving team shall document a plan to assist the teacher(s) in the provision of regular education.006.04 Eligibility for Special Education006.04A School districts or approved cooperatives shall provide special education services only to children with verified disabilities. 006.04B Autism006.04B1 The MDT shall include at least: 006.04B1a A school psychologist or licensed psychologist;006.04B1b The child's teacher(s) or a teacher qualified to teach a child that age;006.04B1c A speech-language pathologist;006.04B1d A school district or approved cooperative administrator or a designated representative; and006.04B1e The child's parent(s).006.04B2 In order for a child to be verified as having autism, the evaluation shall include the analysis and documentation of the manifestation of severe developmental and educational problems exhibited in varying degrees of atypical behavior in each of the following areas:006.05 Reevaluations006.05A A school district or approved cooperative shall ensure that a reevaluation of each child with a disability is conducted in accordance with the verification procedures in Section 006 of this Chapter:006.05A1 if the school district or approved cooperative determines that the educational or related services needs, including improved academic achievement and functional performance, or the child warrant a reevaluation; or006.05A2 if the child’s parents or teacher requests a reevaluation.006.05B A reevaluation shall occur:006.05B1 not more than once a year, unless the parent and the school district or approved cooperative agree otherwise; and006.05B2 at least once every three years, unless the parent and the school district or approved cooperative agree that a reevaluation is unnecessary.EVALUATIONPERSON(S) RESPONSIBLE: Director of Special Education, MDT Coordinator, MDT members TIMELINE: 1. Notice and Consent for Evaluation will be completed in a reasonable period of time from the date of referral; 2. MDT Initial Evaluation will be completed within 60 days of receiving Parental Consent; 3. The MDT Report will be completed within ___30__ days of completion of the evaluation; and 4. Consent for Reevaluation will be obtained within __5___ days prior to the MDT three-year expiration date.MATERIALS: Notice and Consent for Initial Evaluation or Reevaluation, Parent Rights Pamphlets, Complaint Procedures and Rule 55 (for Initial Evaluation), MDT Written Report FormMETHODS: The district will identify children in the following disability categories:  Autism  Behavioral Disorder  Deaf-Blindness  Developmental Delay  Hearing Impairment  Mental Handicap  Multiple Impairments  Orthopedic Impairment  Other Health Impairment  Specific Learning Disability  Speech/Language Impairment  Traumatic Brain Injury  Visual ImpairmentPROCEDURE (IDENTIFICATION, EVALUATION AND VERIFICATION { continued } ) 006.06 Review of Existing Evaluation Data006.06A As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP team and other qualified professionals as appropriate, shall:006.06A1 review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based local or State assessments and classroom-based observations, and observations by teachers and related services providers; and006.06A2 on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine:006.06A2a whether the child is a child with a disability, as described in 92 NAC 51-003.08, and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs; 006.06A2b the present levels of academic achievement and related developmental needs of the child;006.06A2c whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and006.06A2d whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.006.06B The school district or approved cooperative shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP team under 92 NAC 51- 006.06A2.006.06C The IEP team and other qualified professionals may conduct its review without a meeting.006.06D If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child’s educational needs the school district or approved cooperative:006.06D1 shall notify the child's parents of:006.06D1a that determination and the reasons for the determination; and006.06D1b the right of such parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs for the purpose of services under this Chapter.006.06D2 The school district or approved cooperative shall not be required to conduct such an assessment unless requested to by the child's parents.006.06E A school district or approved cooperative shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability. 006.06E1 The evaluation described in 92 NAC 51-006.06E shall not be required before the termination of a student's eligibility under this Chapter due to graduation from secondary school with a regular high school diploma, or to exceeding the age eligibility for a free appropriate public education under Neb. Rev. Stat. 79-1126. For a child whose eligibility terminates under these circumstances, a school district or approved cooperative shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.RE-EVALUATIONPERSON(S) RESPONSIBLE: IEP members and other qualified professionalsTIMELINE: This process should begin will before the three-year reevaluation date and be timed so that the review of existing evaluation data can be accomplished during the IEP meeting.MATERIALS: Parent Notice and Consent for Reevaluation Form, Parent Rights Pamphlet, existing evaluation data, “Notice That No Additional Information Is Needed to Determine Continued Eligibility for Special Education” FormMETHODS: 1. IEP Team meets to review information available and decides on the nature of the reevaluation. Parents are a part of the IEP Team, and therefore are part of the meeting. 2. If the IEP Team determines that no additional information is required to determined continued eligibility for special education, the IEP Team documents the decision on the “Notice That No Additional Information is Needed to Determine Continued Eligibility for Special Education Services Form”. Parents should receive a copy of the form within __5___ school days of the meeting. Parents may request that a comprehensive reevaluation be conducted even if the members of the IEP Team disagree. 3. If the IEP Team decides that additional information is needed to determine continued eligibility in special education, a Referral for Individual Evaluation Form is completed at the IEP meeting. The parents will receive a Parents Rights Pamphlet, a request for Consent to Reevaluate __5___ days prior to the reevaluation date. After the reevaluation is conducted, parents will be contacted to attend the MDT meeting to determine continued eligibility for special education and related services. After the reevaluation the MDT report is written by participating team members. Parents will receive a copy of the written report within __30___ school days. If reevaluation results in removing a disability verification, a MDT report is completed indicating that the child no longer qualifies. When the removal of a disability verification results in a dismissal from a special education program, the MDT report shall indicate the same. A copy of the report shall be placed in the student’s record and parents shall be afforded all rights under Rule 51and the Student Assistance Team references should be completed to assist the student the student in transitioning back to general education. PROCEDURE (IDENTIFICATION, EVALUATION AND VERIFICATION {continued} ) 006.07 Independent Educational Evaluation006.07A The parents of a child with a disability have the right to obtain an independent educational evaluation of the child, subject to the provisions of 92 NAC 51- 006.07.006.07B Each school district or approved cooperative shall provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the school district's or approved cooperative’s criteria applicable for independent educational evaluations.006.07C A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district or approved cooperative. 006.07C1 Public expense means that the school district or approved cooperative either pays for the full cost of the evaluation or insures that the evaluation is otherwise provided at no cost to the parent.006.07D If a parent requests an independent educational evaluation at public expense, the school district or approved cooperative must, without unnecessary delay, either:006.07D1 Initiate a hearing under 92 NAC 55 to show that its evaluation is appropriate; or006.07D2 Insure that an independent educational evaluation is provided at public expense, unless the school district or approved cooperative demonstrates at a hearing under 92 NAC 55 that the evaluation obtained by the parent did not meet school district or approved cooperative criteria.006.07E If the school district or approved cooperative initiates a hearing and the final decision is that the school district's or approved cooperative’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.006.07F If a parent requests an independent educational evaluation, the school district or approved cooperative may ask for the parent's reason why he or she objects to the public evaluation. However, the explanation by the parent may not be required and the school district or approved cooperative may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.006.07G If the parent obtains an independent educational evaluation at private expense, the results of the evaluation:006.07G1 Must be considered by the school district or approved cooperative, if it meets school district or approved cooperative criteria, in any decision made with respect to the provision of a free appropriate public education to the child; and006.07G2 May be presented as evidence at a hearing under 92 NAC 55 regarding that child.006.07H If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.006.07I If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district or approved cooperative uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.006.07J Except for the criteria described in 92 NAC 51-006.07I, a school district or approved cooperative may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.INDEPENDENT EDUCATION EVALUATIONPERSON(S) RESPONSIBLE: Special Education Director, Special Education Teachers, Superintendent, and PrincipalTIMELINE: The district will respond to a request for an Independent Educational Evaluation within __30___ days. In the case where the district approves the request for an Independent Educational Evaluation, they will provide parents with the list of the district’s criteria for selecting an evaluator and a list of independent evaluators within __30___ days.MATERIALS: District criteria for selecting evaluator, list of independent evaluators, notice of approving request for an Independent Educational Evaluation or notice that district is not approving and filing for a hearing under 92 NAC 55.METHODS: The parent will be requested to document the request through a written statement to the Director of Special Education. The written request should contain: 1. Parental objections to the results of the district’s educational evaluation; 2. Reference to the specific type(s) of evaluation requested; and 3. Consent of the parent(s)/guardian to release the personally identifiable confidential results of the evaluation to the school district.If the decision is that an independent educational evaluation is appropriate, the parent(s)/guardian will receive written authorization from the Director of Special Education within ___30__ days of the written request. The parent’s failure to provide a written request does not eliminate their right to an Independent Educational Evaluation.If the district refuses to provide an Independent Educational Evaluation, the district will provide the parents with a notice of their decision. The district must file a hearing under 92 NAC 55 to prove the appropriateness of their evaluation.The qualifications of examiners will be in accordance with 92 NAC 51. Locations of any evaluator shall be within a reasonable distance of the school district. The district will provide the parent(s) with a list of qualified agencies/evaluators within the geographic area. The evaluators will be encouraged to have their rates approved by the Nebraska Department of Education to be authorized to conduct the evaluation(s).The district will establish maximum allowable charges for each educational assessment. Maximum allowable charges for the assessment allows the parent(s) to select from among qualified and approved professionals which will eliminate unreasonable and/or excessive fees for services. The district will provide for the parent(s) the opportunity to demonstrate that unusual circumstances justify the need for an independent evaluation, which is not designated by this procedure.If the parent(s) obtains an independent evaluation without notifying the district, the district will not assume the financial responsibility for the evaluation if the district’s evaluation is determined to be appropriate by the hearing officer appointed under 92 NAC 55. POLICY - INDIVIDUALIZED EDUCATION PROGRAM PLEASANTON PUBLIC SCHOOLS ENSURES THAT AN INDIVIDUALIZED EDUCATION PROGRAM (IEP), OR AN INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP) IS DEVELOPED, REVIEWED, AND REVISED FOR EACH CHILD WITH A DISABILITY IN ACCORDANCE WITH 92 NAC 51-007.PROCEDURE007 Individual Education Program (IEP) and Individualized Family Service Plan (IFSP)007.01 If a determination is made that a child needs special education and related services, an individualized education program or individualized family service plan must be developed for the child. In order to fulfill the requirements of 92 NAC 51-007.01 for infants and toddlers, school districts or approved cooperative shall meet the requirements of 92 NAC 51-007.13. FAPE is provided to infants and toddlers with a disability in accordance with an IFSP, rather than an IEP. The requirements for contents of the IFSP apply rather than the requirements for the contents of an IEP. All other substantive rights and protections established under special education apply to infants and toddlers with disabilities receiving FAPE in accordance with an IFSP.007.02 An IEP shall be developed and implemented for each resident public and nonpublic school child that receives special education and related services.007.02A At the beginning of each school year, each school district or approved cooperative shall have an IEP in effect for each child with a verified disability within its jurisdiction.007.02A1 In the case of a child with a disability aged 3 through 5 (or a 2- year-old child with a disability who will turn age 3 during the school year), the IEP Team shall consider the individualized family service plan that is developed in accordance with 92 NAC 51-007.13, and the individualized family service plan may serve as the IEP of the child if using that plan as the IEP is agreed to by the school district or approved cooperative and the child’s parents. 007.02B Each school district or approved cooperative shall insure that an IEP is in effect before special education and related services are provided to a child with a verified disability under this Chapter and is implemented as soon as possible following the IEP meetings.007.02C The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and007.02D Each teacher and provider described in 92 NAC 51-007.02C must be informed of his or her specific responsibilities related to implementing the child's IEP; and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.007.03 IEP Team Participants007.03A The school district or approved cooperative shall insure and document that each IEP team includes the following participants:007.03A1 the parents of a child with a disability or documentation of 92 NAC 51-007.06D;007.03A2 not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);007.03A2a The regular education teacher of the child, as a member of the IEP team, shall, to the extent appropriate, participate in the development, review and revision of the IEP of the child, including assisting in the determination of appropriate positive behavioral interventions and supports, and other strategies, and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with 92 NAC 51-007.07B4.007.03A3 not less than one special education teacher, or where appropriate, not less than one special education provider of the child;007.03A4 a representative of the school district or approved cooperative who:007.03A4a is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;007.03A4b is knowledgeable about the general education curriculum; and007.03A4c is knowledgeable about the availability of resources of the school district or approved cooperative;007.03A4c(i) A school district or approved cooperative may designate another member of the IEP team to also serve as the school district or approved cooperative representative, if the criteria in 92 NAC 51- 007.03A4 are satisfied.007.03A5 an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in 92 NAC 51-007.03A2 through 007.03A6;007.03A6 at the discretion of the parent or the school district or approved cooperative, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; 007.03A6a The determination of the knowledge or special expertise of any individual described in 92 NAC 51-007.03A6 shall be made by the party (parents or school district or approved cooperative) who invited the individual to be a member of the IEP.007.03A7 whenever appropriate, the child with a disability;007.03A8 for students attending nonpublic schools, a representative of the nonpublic schools. If the representative cannot attend, other methods shall be used to insure participation by the nonpublic school, including individual or conference telephone calls;007.03A9 for children receiving services from an approved service agency, a representative of the service agency. If the representative is not in attendance, other methods shall be used to insure participation by the approved service agency, including written communication, or individual or conference telephone calls;007.03A10 for students with disabilities of any age, if the purpose of the meeting is consideration of transition services: 007.03A10a The student;007.03A10a(i) If the student does not attend, the school district or approved cooperative shall take other steps to insure that the student's preferences and interests are considered.007.03A10b A representative of any other agency that is likely to be responsible for providing or paying for the transition services included in the student's individualized education program.007.03A10b(i) If an agency invited to send a representative to the meeting does not do so, the school district or approved cooperative shall take other steps to obtain the participation of the other agency in the planning of any transition services.007.03A11 For a student verified in the category of hearing impaired, an educator endorsed to teach a child with hearing impairments.007.03A12 For a student verified in the category of visual impairment, an educator endorsed to teach a child with visual impairments.007.04 IEP Team Attendance007.04A A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the school district or approved cooperative agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.007.04B A member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:007.04B1 the parent and the school district or approved cooperative consent to the excusal; and007.04B2 the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.007.04C A parent’s agreement under 92 NAC 51-007.04A and consent under 92 NAC 51-007.04B1 shall be in writing.007.05 In the case of a child who was previously served as an infant or toddler under Part C of the Individuals with Disabilities Education Act, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the Part C service coordinator or other representative of the Part C system to assist with the smooth transition of services.007.06 Parent Participation007.06A The school district or approved cooperative shall take steps to insure that one or both of the parents of the child with a disability are present at the IEP conference or are afforded the opportunity to participate, including: 007.06A1 Notifying parents of the IEP conference early enough to insure that they will have an opportunity to attend; and007.06A2 Scheduling the meeting at a mutually agreed on time and place.007.06B The notification under 92 NAC 51-007.06A1 must indicate the purpose, time and location of the meeting and who will be in attendance and inform the parents of the provisions of 92 NAC 51- 007.03A6 and 007.03A6a.007.06B1 If the purpose of the meeting is the consideration of transition services for a student (as required by 92 NAC 51-007.07B8) the notification must also:007.06B1a Indicate that the purpose of the meeting is:007.06B1a(i) For a student with a disability, beginning not later than the first IEP to be in effect when the student reaches age 16, consideration of the needed transition services required in 92 NAC 51- 007.07B8.007.06B1b Indicate that the school district or approved cooperative will invite the student to the meeting; and007.06B1c Identify any other agency that will be invited to send a representative.007.06C If neither parent can attend, the school district or approved cooperative shall use other methods to insure parent participation, including individual or conference telephone calls.007.06D A meeting may be conducted without a parent in attendance if the school district or approved cooperative is unable to convince the parents they should attend. In this case, the district must have a record of its attempts to arrange a mutually agreed on time and place such as:007.06D1 Detailed records of telephone calls made or attempted and the results of the calls;007.06D2 Copies of correspondence sent to the parents and any responses received; and007.06D3 Detailed records of visits made to the parent's home or place of employment and the results of those visits. 007.06E The school district or approved cooperative shall take whatever action is necessary to insure that the parent understands the proceedings of an IEP conference, including arranging for an interpreter for parents who are deaf or whose native language is other than English.007.06F The school district or approved cooperative shall provide a copy of the IEP to parents at no cost.007.06G The school district or approved cooperative shall insure that the parents of a child with a disability are members of any group that makes decisions on the educational placement of their child.007.06G1 In implementing the requirements of 92 NAC 51-007.06G, the school district or approved cooperative shall use procedures consistent with the procedures described in 92 NAC 51- 007.06A, 007.06B, and 009.01A1.007.06G2 If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the school district or approved cooperative shall use other methods to insure their participation, including individual or conference telephone calls, or video conferencing.007.06G3 A placement decision may be made by a group without the involvement of the parents, if the school district or approved cooperative is unable to obtain the parents’ participation in the decision. In this case, the school district or approved cooperative must have a record of its attempt to insure their involvement, including information that is consistent with the requirements of 92 NAC 51-007.06D.007.06G4 The school district or approved cooperative shall make reasonable efforts to insure that the parents understand, and are able to participate in, any group discussions relating to the educational placement of their child, including arranging for an interpreter for parents with deafness, or whose native language is other than English.IEP MEETINGPERSON(S) RESPONSIBLE: Director of Special Education, IEP Case Manager, and Special Education Staff TIMELINE: A reasonable time prior to the IEP meeting, the district will provide notice of the IEP meeting. The notification of IEP meeting should be made early enough to assure attendance by all participants.MATERIALS: “IEP Meeting Notification” form, documentation of phone contacts or e-mails.METHODS: Parents will be notified of IEP meeting by one of the following methods: 1. Written notification will be sent by U.S. mail. 2. Notification will be made by telephone contact, documented on the phone log. 3. Notification provided via e-mail with a copy placed in the student file. School district IEP Team members will be notified by the IEP Case Manager. Other IEP Team members will be sent a written notification by U.S. mail, e-mail, or by phone, documented on the phone log.PROCEDURE (INDIVIDUALIZED EDUCATION PROGRAM {continued} ) 007.07 IEP Development 007.07A The Individual Education Program (IEP) is a written statement for a child with a verified disability, which specifies the special education and related services necessary to assure that child a free, appropriate public education.007.07A1 Nothing in this section shall be construed to require that additional information be included in a child’s IEP beyond what is explicitly required in this section, or to require the IEP team to include information under one component of a child’s IEP that is already contained in another component of such IEP.007.07B The IEP shall include:007.07B1 a statement of the child's present levels of academic achievement and functional performance, including:007.07B1a how the child's disability affects the child's involvement in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children); or007.07B1b for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and007.07B1c for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;007.07B2 a statement of measurable annual goals, including academic and functional goals, designed to: 007.07B2a Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities, and007.07B2b Meet each of the child's other educational needs that result from the child's disability;007.07B3 a description of how the child’s progress toward meeting the annual goals will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;007.07B4 a statement of the special education and related services and supplementary aids and services based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child:007.07B4a to advance appropriately toward attaining the annual goals;007.07B4b to be involved in and progress in the general curriculum and to participate in extracurricular and other nonacademic activities; and007.07B4c to be educated and participate with other children with disabilities and nondisabled children in the activities described in 92 NAC 51-007.07B;007.07B5 an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in 92 NAC 51-007.07B4;007.07B6 a statement of any individual appropriate accommodations or modifications that are necessary to measure the academic achievement and functional performance of the child on state and district-wide assessments; and if the IEP team determines that the child shall take an alternate assessment on a particular district-wide assessment of student achievement, a statement of why:007.07B6a the child cannot participate in the regular assessment; and 007.07B6b the particular alternate assessment selected is appropriate for the child;007.07B7 the projected date for the beginning of the services and modifications described in 92 NAC 51-007.05B4 and the anticipated frequency, location, and duration of those services and modifications;007.07B8 beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter:007.07B8a appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;007.07B8b the transition services (including courses of study) needed to assist the child in reaching those goals; and007.07B8c if a participating agency, other than the school district or approved cooperative fails to provide the transition services described in the IEP, the school district or approved cooperative shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.007.07B9 The plan of transportation and any special conditions necessary for safe transport of the child with a verified disability shall be part of the IEP, when applicable.007.07C In developing, reviewing or revising each child's IEP:007.07C1 The IEP team shall consider the strengths of the child and the concerns of the parents for enhancing the education of their child.007.07C2 The IEP team shall consider the results of the initial evaluation or most recent evaluation of the child, and the academic, developmental, and functional needs of the child.007.07C3 As appropriate, the IEP team shall consider the results of the child's performance on any general state and district-wide assessment programs.007.07C4 In the case of a child whose behavior impedes his or her learning or that of others, the IEP team shall consider the use of positive behavioral interventions, and supports and other strategies to address that behavior. 007.07C5 In the case of a child with limited English proficiency, the IEP team shall consider the language needs of the child as these needs relate to the child's IEP.007.07C6 In the case of a child who is blind or visually impaired, the IEP team shall provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child.007.07C7 The IEP team shall consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, shall consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.007.07C8 The IEP team shall consider whether the child needs assistive technology devices and services.007.07D If, in considering the special factors described in 92 NAC 51- 007.07C, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) in order for the child to receive a free appropriate public education (FAPE), the IEP team must include a statement to that effect in the child's IEP.007.07E Services007.07E1 Each school district or approved cooperative shall insure that the hearing aids worn in school by children who are deaf or have hearing impairments are functioning properly.007.07E2 Physical education services, specially designed if necessary, must be available to every child with a verified disability receiving a free, appropriate public education.007.07E2a Each child with a verified disability must be afforded the opportunity to participate in the regular physical education program available to children with disabilities unless: 007.07E2a(i) The child is enrolled full time in a separate facility; or007.07E2a(ii) The child needs specially designed physical education as prescribed in the child’s individualized education program.007.07E2b If specially designed physical education is prescribed in a child’s individualized education program, the school district or approved cooperative responsible for the education of that child shall provide the services directly, or make arrangements for it to be provided through other public or nonpublic programs.007.07E2c The school district or approved cooperative responsible for the education of a child with a verified disability who is enrolled in a separate facility shall insure that the child receives appropriate physical education services.007.07E3 Each school district or approved cooperative shall insure assistive technology devices or assistive technology services, or both, as defined in 92 NAC 51-003.04 and 003.05 are made available to any child with a disability if required, as part of the child’s:007.07E3a Special education under 92 NAC 51-003.59;007.07E3b Related services under 92 NAC 51-003.50; or007.07E3c Supplementary aids and services under 92 NAC 51-003.61 and 008.01A.007.07E3d On a case by case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.007.07E4 Extended School Year Services (ESY)007.07E4a Each school district or approved cooperative shall insure that extended school year services are available as necessary to provide a free appropriate public education consistent with 92 NAC 51-007.07E4b.007.07E4b Extended school year services must be provided only if a child’s IEP team determines, on an individual basis, in accordance with Section 007, that the services are necessary for the provision of a free appropriate public education.007.07E4c In implementing the requirements of this section, a school district or approved cooperative may not: limit extended school year services to particular categories of disability; or unilaterally limit the type, amount, or duration of those services.007.07E5 The need for related services of an instructional nature shall be documented on the IEP or IFSP present level of performance, goals, and objectives, and shall be based on documented diagnostic evidence. Determination of the need for a related service for a child with a verified disability does not require the additional verification of a secondary disability. 007.08 Programs for Children who Transfer School Districts or Approved Cooperatives007.08A Transfer within the same state – In the case of a child with a disability who transfers school districts or approved cooperatives within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in Nebraska, the school district or approved cooperative shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the school district or approved cooperative adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.007.08B Transfer from outside the state – In the case of a child with a disability who transfers school districts or approved cooperatives within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the school district or approved cooperative shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the school district or approved cooperative conducts an evaluation, if determined to be necessary by such school district or approved cooperative and develops a new IEP, if appropriate, that is consistent with Federal and State law.007.08C Transmittal of records – To facilitate the transition for a child who transfers schools:007.08C1 the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled, pursuant to Section 99.31(a)(2) of Title 34, Code of Federal Regulations; and007.08C2 the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school.007.08C3 Neb. Rev. Stat. 79-2,105 requires that a copy of a public or private school’s files or records concerning a student shall be provided at no charge, upon request, to any public or private school to which the student transfers.007.09 IEP Meeting007.09A The school district or approved cooperative is responsible for initiating and conducting meetings for the purpose of developing, reviewing and revising an IEP for a child with a verified disability.007.09A1 Before a school district or approved cooperative places a child with a disability in, or refers a child to, a nonpublic school or facility, the school district or approved cooperative shall initiate and conduct a meeting to develop an IEP for the child in accordance with Section 007.007.09A2 After a child with a disability enters a nonpublic school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the nonpublic school or facility at the discretion of the school district or approved cooperative.007.09A3 If the nonpublic school or facility initiates and conducts these meetings, the school district or approved cooperative shall insure that the parents and nonpublic representative:007.09A3a Are involved in any decision about the child's IEP; and007.09A3b Agree to any proposed changes in the IEP before those changes are implemented.007.09B An IEP meeting must be held within thirty (30) calendar days of the initial verification of the child's disability.007.09C After the initial IEP meeting, IEPs must be in effect at the beginning of each school year.007.09D The IEP team shall review the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved. 007.09E In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the school district or approved cooperative may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child’s current IEP.007.09F To the extent possible, the school district or approved cooperative shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.007.09G When conducting IEP team meetings and placement meetings and carrying out administrative matters (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a school district or approved cooperative may agree to use alternative means of meeting participation, such as video conferences and conference calls.007.10 The IEP team shall revise the IEP as appropriate to address:007.10A any lack of expected progress toward the annual goals described in 92 NAC 51-007.07 and in the general education curriculum, where appropriate007.10B the results of any reevaluation conducted under 92 NAC 51-006.05A;007.10C the information about the child provided to, or by, the parents, as described in 92 NAC 51-006.06A1;007.10D the child's anticipated needs; or007.10E other matters.007.11 IEP Accountability007.11A School districts or approved cooperatives must provide special education and related services to a child with a disability in accordance with the child's IEP and make a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP.007.11B This Chapter does not require that any school district or approved cooperative, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and benchmarks or objectives. However, this Chapter does not prohibit a school district or approved cooperative from establishing its own accountability systems regarding teacher, school or school district or approved cooperative performance. 007.11C Nothing in 92 NAC 51-007.11 limits a parent's right to ask for revisions of the child's IEP or to invoke due process procedures if the parent feels that the efforts required in 92 NAC 51-007.11A are not being made.IEPPERSON(S) RESPONSIBLE: 1. Director of Special Education is responsible for all IEP procedures and forms. 2. IEP Case Manager is responsible for facilitating the IEP meeting, recording decisions made by the IEP Team on the IEP form and maintaining notes of the IEP meeting. 3. IEP Team is responsible for the development of IEP.TIMELINE: The IEP must be in effect at the beginning of each school year. The IEP meeting will be conducted within 30 calendar days of the MDT verification decision. A copy of the IEP will be provided to parents within __7___ days of the IEP meeting.MATERIALS: IEP FormMETHODS: The district will follow the procedures described in 92 NAC 51-007 for the development of the IEPs and the conduct of the IEP meetings.POLICY PLEASANTON PUBLIC SCHOOLS ENSURES THAT CHILDREN PARTICIPATING IN EARLY INTERVENTION SERVICES EXPERIENCE A SMOOTH AND EFFECTIVE TRANSITION TO SERVICES PROVIDED UNDER PART B OF THE IDEA.PROCEDURE (INDIVIDUALIZED EDUCATION PROGRAM { continued) ) 007.13B9 The steps to be taken to support the transition of the child to preschool services to the extent that those services are considered appropriate, or other services that may be available, if appropriate.007.13B9a The steps include:007.13B9a(i) discussions with, and training of, parents regarding future placements and other matters related to the child's transition;007.13B9a(ii) procedures to prepare the child for changes in the service delivery, including steps to help the child adjust to, and function in, a new setting; and007.13B9a(iii) with parental consent, the transmission of information about the child to ensure continuity of services, including evaluation and copies of IFSPs that have been developed and implemented.007.13B10 A statement of the necessary assistive technology devices and services needed by the infant or toddler. 007.17 Early Intervention Transition 007.17A The agency contracting for services coordination is responsible for convening, with the approval of the child's family, a conference including the family, school district or approved cooperative and other agencies as needed at least 90 days (and at the discretion of all such parties, up to nine months) before the child's third birthday or at least 90 days before completion of the early intervention program. The purpose of the meeting is to: 007.17A1 Insure a smooth and effective transition to preschool programs assisted under Part B of the IDEA to the extent those services are appropriate, or other services that may be available, if appropriate;007.17A2 Review the child's program options for the period from the child's third birthday through the remainder of the school year;007.17A3 Describe how the family will be included in the transition plans; and007.17A4 Establish a transition plan.007.17B In the case of a child who has reached his or her third birthday, an IFSP that contains the material described in 92 NAC 51-007.13 and that is developed in accordance with 92 NAC 51-007.02, 007.03, 007.06, 007.07C, 007.09, 007.10 and 007.11 may serve as the IEP of the child if using that plan is agreed to by the school district or approved cooperative and the child’s parents.007.17B1 In implementing the requirements of 92 NAC 51-007.17B the school district or approved cooperative shall;007.17B1a provide the child’s parents a detailed explanation of the differences between an IFSP and an IEP; and007.17B1b if the parents choose an IFSP, obtain written informed consent from the parents. PERSON(S) RESPONSIBLE: The Service Coordinator in conjunction with the Early Childhood TeacherTIMELINE: The district will convene a meeting, including the family and district, at least 90 days and at the discretion of all parties, up to six months before the child’s third birthday or at least 90 days before completion of the early intervention program.MATERIALS: IFSP Form and the IEP FormMETHODS: The district will follow the procedures described in 92 NAC 51-007.17 when transitioning children from early intervention to preschool programs. POLICY - PARTICIPATION IN ASSESSMENTS PLEASANTON PUBLIC SCHOOLS ENSURES THAT CHILDREN WITH DISABILITIES ARE INCLUDED IN DISTRICT- WIDE ASSESSMENT PROGRAMS, WITH APPROPRIATE ACCOMMODATIONS, WHERE NECESSARY. AS APPROPRIATE, THE SCHOOL DISTRICT DEVELOPS GUIDELINES FOR THE PARTICIPATION OF CHILDREN WITH DISABILITIES IN ALTERNATE ASSESSMENTS FOR THOSE CHILDREN WHO CANNOT PARTICIPATE IN DISTRICT- WIDE ASSESSMENTS AND DEVELOPS AND CONDUCTS THOSE ALTERNATE ASSESSMENTS. PLEASANTON PUBLIC SCHOOLS WILL MAKE AVAILABLE TO THE NEBRASKA DEPARTMENT OF EDUCATION THE INFORMATION NECESSARY TO CARRY OUT ITS DUTIES RELATING TO THE REPORTING OF CHILDREN WITH DISABILITIES PARTICIPATION IN ASSESSMENTS.PROCEDURE004.05 Participation in Assessments004.05A School districts shall include all students with disabilities in all general state and district-wide assessment programs, including assessments described under section 612(a)(16)(A) of the Individuals with Disabilities Education Act of 2004 (See Appendix A), with appropriate accommodations, modifications and alternate assessments where necessary and as indicated in their respective individualized education programs.004.05B In the case of a district-wide assessment, the school district shall develop guidelines for the provision of appropriate accommodations and modifications.004.05C In the case of a district-wide assessment, the school district shall develop and implemented guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular assessments under 92 NAC 51-004.05A with accommodations or modifications as indicated in their respective individualized education programs. The guidelines shall provide for alternate assessments that:004.05C1 are aligned with the Nebraska Department of Education’s challenging academic content standards and challenging student academic achievement standards; and007.07B6 a statement of any individual appropriate accommodations or modifications that are necessary to measure the academic achievement and functional performance of the child on state and district-wide assessments; and if the IEP team determines that the child shall take an alternate assessment on a particular district-wide assessment of student achievement, a statement of why:007.07B6a the child cannot participate in the regular assessment; and 007.07B6b the particular alternate assessment selected is appropriate for the child;004.05D School districts shall make available to the public, and report to the public with the same frequency and in the same detail as they report on the assessment of nondisabled children, the following:004.05D1 The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations in order to participate in these assessments.004.05D2 The number of children with disabilities participating in alternate assessments described in 92 NAC 51-004.05C1.004.05D3 The number of children with disabilities participating in alternate assessments described in 92 NAC 51-004.05C2.004.05D4 The performance results of children with disabilities on regular assessments and on alternate assessments (if the number of children with disabilities participating is sufficient to yield statistically reliable information and reporting that information will not reveal personally identifiable information about an individual student), compared with the achievement of all children, including children with disabilities, on those assessments.004.05D5 Reports to the public under 92 NAC 51-004.05D must include:004.05D5a aggregated data that include the performance of children with disabilities together with all other children; and004.05D5b disaggregated data on the performance of children with disabilities.PERSON(S) RESPONSIBLE: Superintendent, Special Education Director, Principal and IEP TeamTIMELINE: Administration of student assessments will follow the timeline used for the assessment of all students in the district.MATERIALS: Student’s IEP, District-wide Assessment FormsMETHODS: All students will have the opportunity to attempt any or all portions of the district- wide assessments. Students with disabilities will participate in one of the following ways: 1. District-wide and state assessment with no accommodations; or 2. District-wide and state assessment with accommodations. 3. Use of an alternate assessment.Alternate assessment will be determined by the IEP Team. Alternate assessments will be conducted to correspond with the timeline of state and district-wide assessment for each grade level.The individual student’s IEP Team will determine how the student will participate in district-wide assessment. If necessary, the IEP Team will list the appropriate accommodations necessary for the student to participate. REPORTING PRODEDURESPERSON(S) RESPONSIBLE: Superintendent, Principal, and Special Education DirectorTIMELINE: Reports will be completed and submitted to NDE on a timeline determined by NDE. Reports to the public will be made available on the same timeline as for reporting general education results.MATERIALS: Reporting format developed by NDE be made annually. Reports to newspapers and school publications sent to parents.METHODS: Assessment information for all students will be reported in two ways. First, data on the student with disabilities will be aggregated with all other student data. Second, data for students with disabilities and students without disabilities will be reported separately. POLICY - LEAST RESTRICTIVE ENVIRONMENT TO THE MAXIMUM EXTENT APPROPRIATE, CHILDREN WITH DISABILITIES, INCLUDING CHILDREN IN PUBLIC AND NONPUBLIC INSTITUTIONS OR OTHER CARE FACILITIES, ARE EDUCATED WITH CHILDREN WHO ARE NOT DISABLED, AND SPECIAL CLASSES, SEPARATE SCHOOLING, OR OTHER REMOVAL OF CHILDREN WITH DISABILITIES FROM THE REGULAR EDUCATION ENVIRONMENT OCCURS ONLY WHEN THE NATURE OR SEVERITY OF THE DISABILITY OF A CHILD IS SUCH THAT EDUCATION IN REGULAR CLASSES WITH THE USE OF SUPPLEMENTARY AIDS AND SERVICES CANNOT BE ACHIEVED SATISFACTORILY. IF PLACEMENT IN A PUBLIC OR NON-PUBLIC RESIDENTIAL PROGRAM IS NECESSARY TO PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO A CHILD WITH A DISABILITY, THE PROGRAM INCLUDING NON- MEDICAL CARE AND ROOM AND BOARD, MUST BE AT NO COST TO THE PARENTS OF THE CHILD.PLEASANTON PUBLIC SCHOOLS ENSURES THAT CHILDREN WITH DISABILITIES HAVE AVAILABLE TO THEM THE VARIETY OF EDUCATIONAL PROGRAMS AND SERVICES AVAILABLE TO NON-DISABLED CHILDREN, INCLUDING ART, MUSIC, INDUSTRIAL ARTS, CONSUMER AND HOMEMAKING EDUCATION AND VOCATIONAL EDUCATION.PROCEDURE008 Placement of Children With Disabilities008.01 Least Restrictive Environment (LRE) Requirements008.01A The school district shall establish policies and procedures to assure that, to the maximum extent appropriate, children with disabilities including children in public or nonpublic schools and approved service agencies are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.008.01B Before any action is taken with respect to the initial placement of a child with disabilities, the school district or approved cooperative shall be responsible for the provision of a comprehensive individual multidisciplinary evaluation of the child's development and educational needs. For infants and toddlers, early intervention services may begin prior to completion of a full and individual initial evaluation in accordance with 92 NAC 51-007.18.008.01C In interpreting the information on the child's individual education plan (IEP) or IFSP to make placement decisions, each school district shall:008.01C1 Draw upon the information from the child's present level of development or educational performance, physical condition, social or cultural background and adaptive behavior; 008.01C2 Insure that information obtained from all of these sources is documented and carefully considered;008.01C3 Insure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and008.01C4 Insure that the placement decision is made in conformity with the least restrictive environment requirements in 92 NAC 51- 008.01 and based on the child's unique needs and not on the child's disability.008.01D Each school district or approved cooperative shall assure an array of special education placement options are available. Those options shall include: instruction in regular classes; supplemental services such as resource room; itinerant instruction or consultative services to be provided in conjunction with regular class placement; special classes; special schools; home instruction and instruction in hospitals and institutions.008.01E The school district shall insure that the educational placement of a child with a verified disability:008.01E1 Is determined at least annually;008.01E2 Is based on his or her individual education program (IEP); and008.01E3 Is as close as possible to the child's home.008.01F The various array of placement options included under 92 NAC 51- 008.01D must be available to the extent necessary to implement the individual education program for each child with a verified disability;008.01G Unless a child's IEP or IFSP requires some other arrangement, the child must be educated in the school which he or she would attend if not disabled.008.01H In selecting the least restrictive environment, consideration must be given to any potential harmful effect on the child or on the quality of services, which he or she needs.008.01H1 A child with a disability must not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.008.01I The school district shall take steps to provide nonacademic and extracurricular services and activities including meals and recess periods, in the manner necessary to afford each school age student with a verified disability an equal opportunity for participation in those services and activities with students who are not disabled to the maximum extent appropriate to meet the needs of each child.008.01I1 Nonacademic and extra-curricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district or approved cooperative, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district or approved cooperative and assistance in making outside employment available.008.02 Placement Requirements008.02A School districts may place a child with verified disabilities in special education programs provided;008.02A1 Written consent to initially place the child in the proposed program is obtained from the parent; or008.02A2 An order to place the child in the proposed program is obtained from a Department of Education appointed hearing officer or court of competent jurisdiction.008.03 Natural Environments008.03A To the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural environments including home and community settings in which children without disabilities participate.008.03B The provision of early intervention services for any infant or toddler may occur in a setting other than a natural environment only if early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment.LEAST RESTRICTIVE ENVIRONMENTPERSON(S) RESPONSIBLE: Director of Special Education and IEP/IFSP TeamTIMELINE: Students will begin receiving special education and related services within five (5) days of receipt of Parental Consent for Placement based upon the IEP/IFSP. MATERIALS: IEP/IFSP Form, Parental Notice and Consent for Initial Placement FormMETHODS: The IEP/IFSP Team will consider all placement options prior to the placement of a student.The placements may range from regular classroom instruction for the entire school day with modifications to the regular instructional program to other settings dictated by student needs. The district may also develop additional placement alternatives within the overall school program that are tailored to the needs of the individual student with disabilities. This placement may be developed by adapting or modifying existing placement alternatives based on the needs of the individual student with disabilities. For infants and toddlers, service must be provided in natural environments except for those limited situations in which the child’s needs dictate a different environment.When making the placement decision the team shall: 1. Review and discuss past educational experiences; 2. Review current levels of educational performance; 3. Review current education needs as documented on the IEP/IFSP; and 4. Review and formulate a preliminary configuration of special education and related service options. 5. Review and compare the options identified in (4) above with the need for LRE. To achieve this, the IEP/IFSP Team will select the special education placement that allows for the implementation of the IEP/IFSP while educating the student to the maximum extent appropriate with non-disabled peers. The team shall prepare written justification for the appropriate placement selected and document in writing why other options were not selected.The district will provide written notice to parents and obtain written consent from parents prior to initial placement. If the district has made available an appropriate special education program in accordance with Rule 51 for a student with a disability, and the student’s parents choose to unilaterally place the child in a different setting, the district is not required to pay for the child’s education in the alternative setting. POLICY - CHILDREN IN NONPUBLIC SCHOOLS TO THE EXTENT CONSISTENT WITH THE NUMBER AND LOCATION OF CHILDREN WITH DISABILITIES WHO ARE ENROLLED BY THEIR PARENTS IN NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS, PROVISION IS MADE FOR THE PARTICIPATION OF THOSE CHILDREN IN SPECIAL EDUCATION AND RELATED SERVICES IN ACCORDANCE WITH THE REQUIREMENTS CONTAINED IN 92 NAC 51.PLEASANTON PUBLIC SCHOOL’S POLICY RELATING TO CHILDFIND ACTIVITIES APPLIES WITH RESPECT TO CHILDREN WITH DISABILITIES WHO ARE ENROLLED IN NONPUBLIC, INCLUDING PAROCHIAL, ELEMENTARY AND SECONDARY SCHOOLS.CHILDREN WITH DISABILITIES IN NONPUBLIC SCHOOLS AND FACILITIES ARE PROVIDED SPECIAL EDUCATION AND RELATED SERVICES IN ACCORDANCE WITH AN INDIVIDUALIZED EDUCATION PROGRAM, AT NO COST TO THEIR PARENTS, IF THE CHILD IS PLACED IN, OR REFERRED TO NONPUBLIC SCHOOLS OR FACILITIES BY PLEASANTON PUBLIC SCHOOLS AS A MEANS OF CARRYING OUT THE REQUIREMENTS OF IDEA OR ANY OTHER APPLICABLE LAW REQUIRING THE PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES TO ALL CHILDREN WITH DISABILITIES. CHILDREN SERVED BY NONPUBLIC SCHOOLS OR FACILITIES AS A RESULT OF A REFERRAL BY THE PLEASANTON PUBLIC SCHOOLS WILL HAVE ALL THE RIGHTS THEY WOULD HAVE IF SERVED BY THE PLEASANTON PUBLIC SCHOOLS.PLEASANTON PUBLIC SCHOOLS IS NOT REQUIRED TO PAY FOR THE COST OF EDUCATION, INCLUDING SPECIAL EDUCATION AND RELATED SERVICES, OF A CHILD WITH A DISABILITY AT A NONPUBLIC SCHOOL OR FACILITY IF PLEASANTON PUBLIC SCHOOLS MADE A FREE APPROPRIATE PUBLIC EDUCATION AVAILABLE TO THE CHILD AND THE PARENTS ELECTED TO PLACE THE CHILD IN SUCH NONPUBLIC SCHOOL OR FACILITY. IF THE PARENTS OF A CHILD WITH A CHILD WITH A DISABILITY, WHO PREVIOUSLY RECEIVED SPECIAL EDUCATION AND RELATED SERVICES UNDER THE AUTHORITY OF THE PLEASANTON PUBLIC SCHOOLS, ENROLL THE CHILD IN A NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL WITHOUT THE CONSENT OF OR REFERRAL BY THE PLEASANTON PUBLIC SCHOOLS, OR A COURT OR A HEARING OFFICER MAY REQUIRE THE PLEASANTON PUBLIC SCHOOLS TO REIMBURSE THE PARENTS FOR THE COST OF THE ENROLLMENT IF THE COURT OR HEARING OFFICER FINDS THAT THE PLEASANTON PUBLIC SCHOOLS HAD NOT MADE AVAILABLE A FREE APPROPRIATE PUBLIC EDUCATION TO THE CHILD IN A TIMELY MANNER PRIOR TO THAT ENROLLMENT.THE COST OF THE REIMBURSEMENT MAY BE REDUCED OR DENIED IF AT THE MOST RECENT IEP MEETING THAT THE PARENTS ATTENDED PRIOR TO THE REMOVAL OF THE CHILD FROM THE PLEASANTON PUBLIC SCHOOLS, THE PARENTS DID NOT INFORM THE IEP TEAM THAT THEY WERE REJECTING THE PLACEMENT PROPOSED BY THE DISTRICT TO PROVIDE A FREE APPROPRIATE PUBLIC EDUCATION TO THEIR CHILD, INCLUDING STATING THEIR CONCERNS AND THEIR INTENT TO ENROLL THEIR CHILD IN A NONPUBLIC SCHOL AT PUBLIC EXPENSE; OR 10 BUSINESS DAYS (INCLUDING ANY HOLIDAYS THAT OCCUR ON A BUSINESS DAY), PRIOR TO THE REMOVAL OF THE CHILD FROM THE SCHOOL DISTRICT, THE PARENTS DID NOT GIVE WRITTEN NOTICE TO THE PLEASANTON PUBLIC SCHOOLS OF THE INFORMATION REQUIRED ABOVE. THE COST OF REIMBURSEMENT WILL NOT BE REDUCED OR DENIED FOR FAILURE TO PROVIDE THE INFORMATION REQUIRED ABOVE. THE COST OF REIMBURSEMENT WILL NOT BE REDUCED OR DENIED FOR FAILURE TO PROVIDE THE INFORMATION REQUIRED IF THE PARENT IS ILLITERATE AND CANNOT WRITE IN ENGLISH, IF COMPLIANCE WITH THE REQUIREMENT WOULD LIKELY RESULT IN PHYSICAL OR SERIOUS EMOTIONAL HARM TO THE CHILD, IF THE SCHOOL PREVENTED THE PARENT FROM PROVIDING THE INFORMATION OR IF THE PARENTS HAD NOT RECEIVED NOTICE REQUIRED BY 92 NAC 51-009 OF THE PARENTS RESPONSIBILITY TO PROVIDE NOTICE TO THE PLEASANTON PUBLIC SCHOOLS. THE REIMBURSEMENT MAY ALSO BE REDUCED OR DENIED IF PRIOR TO THE PARENTS REMOVAL OF THE CHILD FROM PLEASANTON PUBLIC SCHOOLS, THE SCHOOL DISTRICT INFORMED THE PARENTS, THROUGH THE NOTICE REQUIREMENTS DESCRIBED IN 92 NAC 51-009, OF ITS INTENT TO EVALUATE THE CHILD (INCLUDING A STATEMENT OF THE PURPOSE OF THE EVALUATION WAS THAT APPROPRIATE AND REASONABLE), BUT THE PARENTS DID NOT MAKE THE CHILD AVAIALBLE FOR THE EVALUATION.THE REIMBURSEMENT MAY ALSO BE REDUCED OR DENIED UPON A JUDICIAL FINDING OF UNREASONABLENESS WITH RESPECT TO ACTIONS TAKEN BY THE PARENTS. PROCEDURE015.01 Children Placed In or Referred To a Nonpublic School or Facility by the School District As a Means of Providing Special Education and Related Services015.01A School districts shall insure that a child with a disability who is placed in or referred to a nonpublic school or facility by a school district:015.01A1 is provided special education and related services in conformance with an IEP that meets the requirements of Section 007 at no cost to the parents;015.01A2 is provided an education that meets the standards including the requirements of this Chapter, that apply to education provided by the school district; and015.01A3 has all of the rights of a child with a disability who is served by a school district.015.01B School districts shall disseminate copies of applicable standards to each nonpublic school and facility to which the school district has referred or placed a child with a disability.013.01 Special education programs and support services may be provided by contracting with another school district, approved cooperative, or with a Department of Education provisionally approved service provider. Responsibility for compliance with state and federal regulations for programs for children with disabilities remains with the school district.013.02 The school district of residence shall be responsible for the development and maintenance of the IEP, and the participation in all IEP meetings and shall assure that IEP meetings are arranged with the contracted program and the parents. Such arrangements may include meetings with the contracted program, the school district, and the parent. Meetings may occur within the district, at the contracted program site or another site if more appropriate. For infants and toddlers the school district of residence shall be responsible for meeting the requirements of 92 NAC 51-007.13 through 92 NAC 51- 007.19.PERSON(S) RESPONSIBLE: Director of Special Education, IEP Case Manager, and Special Education TeacherTIMELINE: Ongoing MATERIALS: Contract with the nonpublic school, district formsMETHODS: The district has adopted the state standards and will provide copies of L.E.A.R.N.S. to contracted agencies. Once a contract has been arranged, a case manager from the district is designated who will arrange meetings with parents, district representative and the contracting agency. All necessary paperwork and proper procedures are completed through the direction of the case manager, the IEP Team, and the contracted school representative. PROCEDURE (CHILDREN IN NONPUBLIC SCHOOLS {continued})015.02 Children Placed In a Nonpublic School by Parents As a Means of Obtaining Special Education and Related Services; FAPE is At Issue015.02A This Chapter does not require a school district to pay for the cost of education, including special education and related services, of a child with a disability at a nonpublic school or facility if that school district made FAPE available to the child and the parents elected to place the child in a nonpublic school or facility as a means of obtaining special education and related services. However, the school district shall include that child in the population whose needs are addressed consistent with 92 NAC 51- 015.03.015.02B Disagreements between a parent and a school district regarding the availability of a program appropriate for the child, and the question of financial responsibility, are subject to the due process procedures of 92 NAC 55.015.02B1 If the parents of a child with a disability, who previously received special education and related services under the authority of the school district, enroll the child in a nonpublic preschool, elementary or secondary school without the consent or referral by the school district, a court or a hearing officer may require the school district to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the school district had not made a free appropriate public education available to the child in a timely manner prior to that enrollment and that the private placement is appropriate.015.02B1a A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the school district.015.02C The cost of reimbursement described in 92 NAC 51-015.02B1 may be reduced or denied if:015.02C1 at the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the school district to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a nonpublic school at public expense; or015.02C2 at least 10 business days (including any holidays that occur on a business day), prior to the removal of the child from the public school, the parents did not give written notice to the school district of the information described in 92 NAC 51- 015.02C1; or015.02C3 prior to the parents removal of the child from the public school, the school district informed the parents, through the notice requirements described in 92 NAC 51-009.03, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or015.02C4 upon a judicial finding of unreasonableness with respect to actions taken by the parents.015.02D Notwithstanding the notice requirements of 92 NAC 51-015.02C1 and 015.02C2 the cost of reimbursement shall not be reduced or denied for failure to provide the notice if: the parent is illiterate and cannot write in English; compliance with 92 NAC 51-015.02C1 and 015.02C2 would likely result in physical or serious emotional harm to the child; the school prevented the parent from providing such notice, or the parents had not received prior written notice, of the parents' responsibility to provide such notice to the school districts as required by 92 NAC 51-009.03.PERSON(S) RESPONSIBLE: Director of Special Education, IEP Case Manager, and Special Education TeacherTIMELINE: OngoingMATERIALS: Appropriate district formsMETHODS: Disagreements between parents and the school district whether or not the school district has a program available, or regarding the question of responsibility, are subject to the appeal procedures established in Rule 55.PROCEDURE (CHILDREN IN NONPUBLIC SCHOOLS {continued} ) 015.03 Children Enrolled In a Nonpublic School by Parents If FAPE Is Not At Issue015.03A As used in 92 NAC 51-015.03, nonpublic school children with disabilities means children with disabilities enrolled by their parents in nonpublic school or facilities other than children with disabilities covered under 92 NAC 51-015.01.015.03B The school district shall locate, identify, evaluate and provide special education and related services for all children with disabilities attending nonpublic schools, including children residing in the jurisdiction of the school district who attend religiously affiliated schools, in accordance with 92 NAC 51-006.01A, 004.01, and 004.08. The activities undertaken to carry out this responsibility for children with disabilities attending nonpublic schools must be comparable to activities undertaken for children with disabilities in public schools.015.03C The school district shall consult with appropriate representatives of nonpublic school children with disabilities on how to carry out the activities described in 92 NAC 51-015.03B.015.04 Services provided to nonpublic school children with disabilities may be provided on-site at a child's nonpublic school, including a religious school, to the extent consistent with law.PERSON(S) RESPONSIBLE: Director of Special Education, IEP Case Manager, and Nonpublic School RepresentativeTIMELINE: OngoingMETHODS: A nonpublic school student may participate in the public school’s special education programs provided the student has been verified by a MDT and the parent is a resident of the district. The IEP for nonpublic school students shall be developed according to the polices and procedures adopted by the district. Special education and related services to nonpublic school students with disabilities may be provided at the public school, the nonpublic school, or a neutral site. PROCEDURE (CHILDREN IN NONPUBLIC SCHOOLS {continued} ) 015.05 Transportation015.05A If necessary for the child to benefit from or participate in the services provided under this Chapter, a nonpublic school child with a disability must be provided transportation:015.05A1 from the child's school or the child's home to a site other than the nonpublic school; and015.05A2 from the service site to the nonpublic school, or to the child's home, depending on the timing of the services.015.05B School districts are not required to provide transportation from the child's home to the nonpublic school. PERSON(S) RESPONSIBLE: Director of Special Education, IEP Case ManagerTIMELINE: OngoingMATERIALS: IEP Form, Parent Procedures-Reimbursement Claim Form, Rules for Transportation of StudentsMETHODS: Students who attend nonpublic schools, but receive special education at the public school or a neutral site other than the public school, will be transported by district vehicles. If district vehicle service is not available, the school district will contract with a licensed common carrier for transportation services. If the parents select to transport eligible students, the district will reimburse parents at the rate approved by the Nebraska Department of Education for actual miles traveled from the nonpublic school to the school district site or a neutral site, following the most direct route. The district will not provide transportation to a nonpublic school enrolled child from child’s home to the nonpublic school. Transportation eligibility will be determined by the student’s IEP Team. The plan for transportation for the student shall be part of the IEP.PROCEDURE (CHILDREN IN NONPUBLIC SCHOOLS { continued} ) 015.06 A school district may lease a classroom in a nonpublic school building. If properly drafted, the lease transforms the classroom into a public school classroom during the times covered by the lease. The board of education of a public school district may offer the special education programs enumerated in Neb. Rev. Stat. 79-1127 in a leased classroom in a nonpublic school building. It does not, however, have an unqualified legal duty to do so.015.07 A school district may not use special education funds for classes that are organized separately on the basis of school enrollment or religion of the children if:015.07A the classes are at the same site; and015.07B the classes include children enrolled in public schools and children enrolled in nonpublic schools.015.08 A school district may not use special education funds to finance the existing level of instruction in a nonpublic school or to otherwise benefit the nonpublic school.015.08A A school district shall use the special education funds to meet the specific needs of children enrolled in nonpublic schools, rather than:015.08A1 the needs of a nonpublic school; or015.08A2 the general needs of the children enrolled in a nonpublic school.015.09 A school district may use special education funds to make public personnel available in other than public facilities:015.09A to the extent necessary to provide services designed for students enrolled in a nonpublic school; 015.09B if those benefits are not normally provided by the nonpublic school.015.10 A school district may use special education funds to pay for the services of an employee of the nonpublic school if:015.10A the employee performs the services outside of his or her regular hours of duty; and015.10B the employee performs the services under public supervision and control.015.11 A school district may place equipment and supplies in a nonpublic school for the period of time needed for the provision of special education and related services.015.11A The school district shall insure that the equipment or supplies placed in a nonpublic school:015.11A1 are used only for the purpose of providing special education and related services; and015.11A2 can be removed from the nonpublic school without remodeling the nonpublic school facilities.015.11B The school district shall remove equipment or supplies from a nonpublic school if:015.11B1 the equipment or supplies are no longer needed for the purpose of providing special education and related services; or015.11B2 removal is necessary to avoid use of the equipment or supplies for other than special education purposes.015.11C A school district shall insure that special education funds are not used for repairs, minor remodeling or the construction of nonpublic school facilities.015.11D A school district must keep title to and exercise continuing administrative control of all property, equipment, and supplies that the school district acquires with special education funds for the benefit of nonpublic school children with disabilities.PERSON(S) RESPONSIBLE: Superintendent, Director of Special EducationTIMELINE: OngoingMATERIALS: Lease Form, list of equipment and supplies provided to nonpublic schoolMETHODS: The district will follow the procedure described in 92 NAC 51-015 when providing services to children attending nonpublic school. POLICY - PROCEDURAL SAFEGUARDS PLEASANTON PUBLIC SCHOOLS ENSURES THAT CHILDREN WITH DISABILITIES AND THEIR PARENTS ARE AFFORDED THE PROCEDURAL SAFEGUARDS REQUIRED IN 92 NAC 51-009. CONFIDENTIALITY PLEASANTON PUBLIC SCHOOLS COMPLIES WITH THE REQUIREMENTS CONTAINED IN 92 NAC 51-009 RELATING TO THE CONFIDENTIALITY OF RECORDS AND INFORMATION.PROCEDURE009 Procedural Safeguards009.01 Meeting Notification and Accessibility and Confidentiality of Records009.01A School districts shall provide notification consistent with 92 NAC 51- 007.06 to insure that parents of children with disabilities have the opportunity to participate in meetings for the purposes of identification, evaluation, educational placement and FAPE.009.01A1 A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.009.01B All school districts, approved cooperatives, and provisionally approved service providers with whom the school district shares personally identifiable data shall be bound by the accessibility and confidentiality requirements of this section.009.01C The parents of a child with a disability or the child with a disability, if the child has attained eighteen years of age, (type and severity of the child's disability shall be taken into consideration) shall be afforded an opportunity to inspect and review all education records with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child or the provision of early intervention services to infants and toddlers.009.01D Access Rights009.01D1 Each participating agency shall permit parents to inspect and review any education records relating to their children which are collected, maintained or used by the participating agency. The participating agency shall comply with such a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of the child, and in no case more than 45 days after the request has been made.009.01D1a As used in 92 NAC 51-009.01, participating agency means any agency or institution that collects, maintains or uses personally identifiable information or, from which, information is obtained under this Chapter.009.01D2 The right to inspect and review education records includes:009.01D2a The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records; and009.01D2b The right to request that the participating agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and009.01D2c The right to have a representative of the parent inspect and review the records.009.01D3 A service agency may presume that the parent has authority to inspect and review records relating to his or her child unless the service agency has been advised that the parent does not have the authority under applicable Nebraska law governing such matters as guardianship, separation and divorce.009.01E Record of Access009.01E1 Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used (except access by parents and authorized employees of the participating service agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.009.01F Records On More Than One Child009.01F1 If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information. 009.01G List of Types and Locations of Information009.01G1 Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the participating agency.009.01H Fees009.01H1 A participating agency may charge a fee for copies of records, which are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.009.01H2 A participating agency may not charge a fee to search for or to retrieve information.009.01I Amendment of Records at Parent's Request009.01I1 A parent who believes that information in education records collected, maintained, or used is inaccurate, or misleading, or violates the privacy or other rights of the child, may request the participating agency which maintains the information to amend the information.009.01I2 The participating agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.009.01I3 If the participating agency decides to refuse to amend the information in accordance with the request, it shall inform the parents of the refusal, and advise the parent of the right to a local administrative review to be conducted in accordance with 34 CFR 99.22.009.01J Opportunity for a Local Administrative Review009.01J1 The participating agency shall, on request, provide an opportunity for a local administrative review to challenge information in education records to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.009.01K Result of Local Administrative Review009.01K1 If, as a result of the local administrative review, the participating agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the information accordingly and so inform the parent in writing.009.01K2 If, as a result of the local administrative review, the participating agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the participating agency shall inform the parent of the right to place in the records the participating agency maintains on the child, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the participating agency.009.01K3 Any explanation placed in the records of the child must:009.01K3a Be maintained by the participating agency as part of the records of the child as long as the record or contested portion is maintained by the participating agency; and009.01K3b If the records of the child or the contested portion are disclosed by the participating agency to any party, the explanation must also be disclosed to the party.009.01L Consent for Release of Records009.01L1 Parental consent must be obtained before personally identifiable information is disclosed to anyone other than officials of the service agency collecting or using the information unless specifically not required in the Family Education Rights and Privacy Act and its implementing regulations, 34 CFR Part 99.009.01M Safeguards009.01M1 Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.009.01M2 One official at each participating agency shall assume responsibility for insuring the confidentiality of any personally identifiable information.009.01M3 All persons collecting or using personally identifiable information must receive training or instruction regarding the state's policies and procedures. 009.01M4 Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the participating agency who may have access to personally identifiable information.009.01N Records Regarding Migratory Children with Disabilities009.01N1 The school district or approved cooperative shall cooperate in the Federal Secretary of Education’s efforts under section 613(a)(9) of the Individuals with Disabilities Education Act of 2004 (See Appendix A) to ensure the linkage of records pertaining to migratory children with a disability for the purpose of electronically exchanging among the States, health and education information regarding such children.009.01O Retention and Destruction of Information and Records009.01O1 The participating agency shall retain special education records for five (5) years after the completion of the activities for which special education funds were used.009.01O2 The participating agency shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.009.01O3 The information, which is no longer necessary to provide educational services to the child, must be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.STUDENT RECORDSPERSON(S) RESPONSIBLE: Director of Special Education, Teaching Staff, and PrincipalTIMELINE: OngoingMATERIALS: Individuals with Disabilities Education Act (IDEA), Family Educational Rights and Privacy Act (FERPA), School Handbook, List of staff with access to personally identifiable student informationMETHODS: The district will maintain all personally identifiable student information in conformance with FERPA and 92 NAC 51. If a parent requests a hearing to challenge the content of a student record, the Superintendent will identify a hearing officer and arrange for a hearing. All staff will receive annual training regarding the confidentiality requirements contained in FERPA, 92 NAC 51 and the district’s policies and procedures. PROCEDURE (PROCEDURAL SAFEGUARDS { continued })009.02 Procedural Timelines009.02A For all students except for infants and toddlers, each of the procedural steps necessary to provide a free appropriate public education shall be carried out within the specified time periods.009.02A1 Referral, notice to parents (See 92 NAC 51-009.03), and parental consent, shall be completed within a reasonable period of time. The initial multidisciplinary team evaluation shall be completed within 60 days of receiving parental consent for the evaluation.009.02A1a The 60-day timeline shall not apply to a school district or approved cooperative if:009.01A1a(i) a child enrolls in a school served by the school district or approved cooperative after the relevant timeline in 92 NAC 51-009.02A1 has begun and prior to a determination by the child’s previous school district or approved cooperative as to whether the child is a child with a disability, but only if the subsequent school district or approved cooperative is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district or approved cooperative agree to a specific time when the evaluation will be completed; or009.01A1a(ii) the parent of a child repeatedly fails or refuses to produce the child for the evaluation.009.02A2 Upon completion of a multidisciplinary team verification decision, school districts or approved cooperative shall provide a reasonable notification and conduct an individual education program conference within 30 calendar days. Parental consent for initial placement shall be requested within five school days of the IEP conference.009.02A3 Special education placement shall be completed within five (5) school days of receipt of parental consent.009.02B For infants and toddlers each of the procedural steps necessary to provide early intervention services shall be carried out within the specific time periods.009.02B1 A referral must be made by the school district to the agency responsible for providing services coordination in the Planning Region within two working days of the district becoming aware of an infant or toddler who may be eligible for services.009.02B2 Notice to parents (See 92 NAC 51-009.03) and parental consent shall be completed within a reasonable period of time.009.02B3 A multidisciplinary team evaluation must be completed within 45 calendar days from the date of referral. In the event of exceptional circumstances of the family that make it impossible to complete the evaluation within the 45 days, the school district will document those circumstances, inform the parent of the time estimated by the district to complete the evaluation, and develop and implement an interim IFSP as necessary.009.02B4 Upon completion of a multidisciplinary team verification decision, and within 45 days of the referral, school districts shall participate in an individual family service plan conference.009.02B5 Special education placement shall be completed within five school days of receipt of parental consent.TIMELINESPERSON(S) RESPONSIBLE: Director of Special Education, Principal, IEP Case Manager, and Special Education TeacherTIMELINE: As specified in 92 NAC 51-009MATERIALS: District FormsMETHODS: The district will follow the procedures specified in 92 NAC 51-009.02 when determining appropriate timelines.PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.03 Prior Written Notice009.03A School districts or approved cooperatives shall provide a copy of the procedures specified in this Chapter for complaints and 92 NAC 55 for hearings to the parent of each child who is evaluated by the multidisciplinary evaluation team for possible initial verification. 009.03B Prior written notice shall be given to the parents of a child with a disability a reasonable time before a school district:009.03B1 Proposes to initiate or change the identification, evaluation, or educational placement of a child or the provision of a free appropriate public education; or009.03B1a If the notice described in 92 NAC 51-009.03B relates to an action proposed by the school district that also requires parental consent under 92 NAC 51-009.05, the school district may give notice at the same time it requests parent consent.009.03B2 Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child.009.03C Such prior written notice shall include:009.03C1 A description of the action proposed or refused by the school district;009.03C2 An explanation of why the district proposes or refuses to take the action;009.03C3 A description of any options the district considered and the reasons why those options were rejected; 009.03C4 A description of each evaluation procedure, assessment, record, or report the school district uses as a basis for the proposal or refusal;009.03C5 A description of any other factors which are relevant to the school district's proposal or refusal;009.03C6 A statement that the parents of a child with a disability have protection under the procedural safeguards of this Chapter and, if this notice is not an initial referral for evaluation, the means by which a copy or description of the procedural safeguards can be obtained; and009.03C7 Sources for parents to contact to obtain assistance in understanding the provisions of this part.009.03D The notice must be written in language understandable to the general public, and provided in the native language of the parents or other mode of communication used by the parents unless it is clearly not feasible to do so. 009.03E If the native language or other mode of communication of the parents is not a written language, the school district shall take steps to insure:009.03E1 That the notice is translated orally or by other means to the parents in his or her native language or other mode of communication;009.03E2 That the parents understand the content of the notice; and009.03E3 That there is written evidence that the requirements of this section have been met.PRIOR WRITTEN NOTICEPERSON(S) RESPONSIBLE: Director of Special Education, Principal, IEP Case Manager, and Special Education TeacherTIMELINE: Notice will be provided ___10__ days prior to taking the proposed actionMATERIALS: Written Notice Forms for Evaluation, Placement, Reevaluation, TerminationMETHODS: The IEP Case Manager is responsible for collecting information and drafting the Prior Written Notice to be sent to parents. Prior Written Notice will be sent prior to proposing or refusing any action with regard to special education.PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.04 Procedural Safeguards Notice009.04A A copy of the procedural safeguards available to the parents of a child with a disability shall be given by the school district or approved cooperative to the parents only once per year, except that a copy shall also be given to the parents:009.04A1 Upon initial referral or parental request for evaluation;009.04A2 Upon request by a parent; and009.04A3 Upon receipt by the school district of the first occurrence of the filing of a petition in a special education due process case under 92 NAC 55.009.04B The procedural safeguards notice shall include a full explanation of all of the procedural safeguards, relating to: 009.04B1 independent educational evaluation; 009.04B2 prior written notice;009.04B3 parental consent;009.04B4 access to educational records;009.04B5 opportunity to file due process hearings;009.04B6 the child's placement during pendency of due process proceedings;009.04B7 procedures for students subject to placement in an interim alternative educational setting;009.04B8 requirements for unilateral placement by parents of children in nonpublic schools at public expense;009.04B9 mediation;009.04B10 due process hearings, including requirements for disclosure of evaluation results and recommendations;009.04B11 civil actions, including the time period in which to file such actions;009.04B12 attorney's fees; and009.04B13 the State complaint procedures including a description of how to file a complaint under 92 NAC 51-009.09 and the timelines under those procedures.009.04C The notice of the procedural safeguards provided to the parent must be written in language understandable to the general public and provided in the native language of the parent as required by 92 NAC 51-009.03D and 009.03E.009.04D The school district may place a current copy of the procedural safeguards notice on its Internet website if such website exists.PROCEDURAL SAFEGUARDSPERSON(S) RESPONSIBLE: Special Education Director, IEP Case ManagerTIMELINE: A copy of the procedural safeguards will be provided prior to initial referral for evaluation, upon on parental request, or upon filing a due process appeal. MATERIALS: Parent Rights PamphletMETHODS: A copy of the Parent Rights Pamphlet will be provided. A copy of the procedural safeguards is on the district website.PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.05 Informed Parental Consent009.05A Informed parental consent must be obtained by a school district before:009.05A1 Conducting an initial multidisciplinary evaluation;009.05A2 Conducting a reevaluation; and009.05A3 Initial placement of a child with disabilities in a program providing special education and related services or early intervention services to infants and toddlers.009.05B Parental consent for evaluation shall not be construed as consent for initial placement described in 92 NAC 51-009.05A3.009.05C Parental consent is not required before:009.05C1 Reviewing existing data as part of an evaluation or reevaluation; or009.05C2 Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.009.05D Informed parental consent need not be obtained for reevaluation if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the child's parent has failed to respond.009.05D1 To meet the reasonable measures requirement in 92 NAC 51- 009.05E, the school district must use procedures consistent with those in 92 NAC 51-007.06D.009.05E A school district may not use a parent's refusal to consent to one service or activity under 92 NAC 51-009.05 to deny the parent or child any other service, benefit, or activity of the school district, except as required by this Chapter. 009.06 Parental Refusal to Consent009.06A If the parent does not provide consent for an initial evaluation or the parent fails to respond to a request to provide the consent, the school district or approved cooperative may pursue the initial evaluation of the child by utilizing the procedures described in Section 009.009.06A1 If the parent refuses to consent to services, the local school district or approved cooperative shall not provide special education and related services to the child by utilizing the procedures described in Section 009.009.06A2 If the parent refuses to consent to the receipt of special education and related services, or the parent fails to respond to a request to provide such consent:009.06A2a the school district or approved cooperative shall not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide such child with the special education and related services for which the school district or approved cooperative requests such consent; and009.06A2b the school district or approved cooperative shall not be required to convene an IEP meeting or develop an IEP under this section for the child for the special education and related services for which the school district or approved cooperative requests such consent. 009.06B For infants and toddlers, if consent is not given, the school district or approved cooperative shall make reasonable efforts to ensure that the parents:009.06B1 are fully aware of the nature of the evaluation or the services that will be available; and009.06B2 understand that the child will not be able to receive the evaluation or services unless consent is given.009.06C The parents of an infant or toddler may determine that they, their child, or other family members will accept or decline any early intervention service, and may decline such a service after first accepting it, without jeopardizing other early intervention services.009.06D If the hearing officer or any court hearing an appeal there from, upholds the school district or approved cooperative and if the time for further appeal has expired, the school district or approved cooperative may evaluate or initially place a child with a disability in a special education program and related services without parental consent and the school district may refuse to provide or pay for any further inappropriate educational program.009.07 Consent for Wards of the State009.07A If the child is a ward of the State and is not residing with the child’s parent, the school district shall make reasonable efforts to obtain the informed consent from the parent (as defined in Section 003) of the child for an initial evaluation to determine whether the child is a child with a disability.009.07B The school district shall not be required to obtain informed consent from the parent of a child for an initial evaluation to determine whether the child is a child with a disability if:009.07B1 despite reasonable efforts to do so, the school district cannot discover the whereabouts of the parent of the child;009.07B2 the rights of the parents of the child have been terminated in accordance with State law; or009.07B3 the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.CONSENTPERSON(S) RESPONSIBLE: IEP Case Manager, Special Education DirectorTIMELINE: Written parental consent will be obtained prior to conducting an evaluation, reevaluation, or placement of a child in special educationMATERIALS: Parent Consent FormsMETHODS: The school district will provide parents with a notice explaining the action to be taken and a request for written parent consent. If the parent does not give consent, the district may pursue mediation and for an initial evaluation, file for a due process hearing. PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.08 Appointment of Surrogates009.08A Each school district shall insure that the rights of a child with a disability are protected if:009.08A1 No parent can be identified;009.08A2 The school district, after reasonable efforts, cannot discover the whereabouts of the parents; or009.08A3 The child is an unaccompanied homeless youth; or009.08A4 The child is a ward of the state or court.009.08A4a If a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of this paragraph.009.08B The duty of the school district under 92 NAC 51-009.08A includes the assignment of an individual to act as a surrogate for the parents. This must include a method;009.08B1 for determining whether a child needs a surrogate parent and,009.08B2 for assigning a surrogate parent to the child.009.08C The school district may select a surrogate parent in any way permitted under State law and the district or approved cooperative shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 calendar days after there is a determination that the child needs a surrogate.009.08D In order to qualify, a surrogate must be a person who:009.08D1 Has no interest that conflicts with the interest of the child he or she represents;009.08D2 has knowledge and skills that insure adequate representation of the child; and009.08D3 Is not an employee of any public agency, which is involved in the education or care of the child. A person who otherwise qualifies to be a surrogate parent is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.009.08D3a For infants and toddlers, a person assigned as a surrogate parent may not be an employee of any State agency; or a person, or an employee of a person, providing early intervention services to the child or to a family member of the child. A person who otherwise qualifies to be a surrogate parent under this Subsection is not an employee solely because he or she is paid by a public agency to serve as a surrogate parent.009.08E The surrogate may represent the child in all matters relating to:009.08E1 The identification, evaluation, and educational placement of a child; and009.08E2 The provision of a free appropriate public education to the child.009.08E3 For infants and toddlers, a surrogate parent may represent a child in all matters related to:009.08E3a The evaluation and assessment of the child;009.08E3b Development and implementation of the child's IFSP including annual evaluations and periodic review;009.08E3c The ongoing provision of early intervention services to the child; and009.08E3d Any other rights established under this Chapter.009.08F The services of the surrogate parent shall be terminated when:009.08F1 The child is no longer eligible for a surrogate parent under 92 NAC 51-009.08A;009.08F2 A conflict of interest develops between the interest of the child and the interest of the surrogate parent; or009.08F3 The surrogate parent fails to fulfill his or her duties as a surrogate parent.009.08G Issues arising from the selection, appointment, or removal of a surrogate parent shall be resolved through hearings established under 92 NAC 55. 009.08H The surrogate parent and the school district or approved cooperative which appointed the surrogate parent shall not be liable in civil actions for damages for acts of the surrogate parent unless such acts constitute willful and wanton misconduct.SURROGATE PARENTSPERSON(S) RESPONSIBLE: Director of Special Education, Principal, IEP Case Manager, Surrogate Parent(s) (NOTE: Personnel from the Department of Health and Human Services may not serve as a surrogate parent(s) under the Special Education Act.) In the case of a state ward, the judge overseeing the child’s case may appoint the surrogate parent.TIMELINE: Within 30 days of identification of need to appoint a surrogate/surrogate parent. Appointments shall last one (1) year. The appointment may be renewed.MATERIALS: Request to Director of Special Education for the appointment of a Surrogate, Surrogate Agreements and Training Materials, Rule 51 and 55, Policies and Procedures, other materials as requiredMETHODS: If the district identifies students who may be in need of a surrogate parent, the district will: 1. Attempt to identify and locate the parent; 2. Investigate the legal status of those student(s); and 3. If after a reasonable effort, the parents cannot be located, the school district shall insure that the rights of students with disabilities are protected by appointing a surrogate. 4. Surrogates will be provided sufficient training to assure they are knowledgeable as to the legal rights and educational needs of the student they are to represent. Training will be conducted as needed. 5. Surrogates will be appointed by the director of special education following documentation that no conflict of interest exists and completion of appropriate training or assurance that the surrogate is knowledgeable in order to represent the student. 6. Surrogates will be monitored on a regular basis to ensure effective performance. Should a surrogate be unable or unwilling to discharge his or her duties, a new surrogate will be appointed by the director. 7. The surrogate parent shall continue to represent the student until one of the following occurs: a. The student is determined to no longer be eligible for, or in need of, special education or related services except when termination from such programs is being contested; b. The parent, who was previously unknown, or whose whereabouts were previously unknown or a guardian or person acting as the student’s parents becomes known; and/or, c. It is determined that the appointed surrogate parent no longer adequately represents the student. d. The surrogate parent’s term has expired. PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.09 Complaint Procedures009.09A An organization or individual may file a complaint regarding alleged violation of requirements set forth in Special Education Rules. The complaint shall be submitted to the Department of Education, Special Education Office, in writing. The written, signed complaint must contain a statement that a school district has violated a requirement of this Chapter and the facts on which the statement is based. If the complaint can be determined to be related to a violation of Special Education Rule(s), the following procedures will be carried out:009.09A1 Within fourteen (14) calendar days of receipt of the written, signed complaint, an assigned Special Education Office official shall notify in writing each complainant and the service agency against which the violation has been alleged, that the complaint has been received. This written notification shall include a copy of the complaint and the substance of the alleged violation. The service agency shall have fourteen (14) calendar days to submit a written response.009.09A2 Special Education Office officials will investigate each complaint received from an individual or organization (including an individual or organization from another state) to determine whether there has been a failure to comply with these rules and may require further written or oral submission of information by all parties and may conduct an independent on-site investigation if necessary. The complainant will have the opportunity to submit additional information either orally or in writing, about the allegation.009.09A3 Within sixty (60) calendar days of receipt of a signed written complaint, the Department of Education Special Education Office will review all relevant information and provide written notification of findings of facts and conclusions and the basis for such findings to all parties involved. 009.09A4 If, as a result of extenuating circumstances, the Department of Education Special Education Office is not able to complete the investigation within the sixty (60) calendar days, an extension period of forty-five (45) calendar days will be implemented. The Department of Education Special Education Office will notify the person filing the complaint and the service agency of the 45 days extension. 009.09A5 If it is determined there has been a failure to comply, there will be included in the notification of findings the specific steps which must be taken by the service agency to bring the service agency into compliance, including technical assistance, negotiations and corrective actions. The notification shall also set forth a reasonable period of time to voluntarily comply.009.09A6 If the service agency does not demonstrate compliance within the period of time set forth in the notice of findings, the matter will be subject to the procedures outlined in 92 NAC 51- 004.09.009.09A7 If a written complaint is received that is also the subject of a due process hearing under 92 NAC 55, or contains multiple issues of which one or more are part of that hearing, the Special Education Office officials shall set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in 92 NAC 51-009.09.009.09A8 If an issue is raised in a complaint filed under this 92 NAC 51- 009.09 that has previously been decided in a due process hearing involving the same parties:009.09A8(a) The hearing decision is binding; and009.09A8(b) The Nebraska Department of Education must inform the complainant to that effect.009.09A9 A complaint alleging a school district's failure to implement a due process decision must be resolved by the Nebraska Department of Education.009.09A10 The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received.COMPLAINT INVESTIGATIONSPERSON(S) RESPONSIBLE: Director of Special Education, Superintendent TIMELINE: The district will observe all timelines in 92 NAC 51-009.09MATERIALS: Copy of letter of complaint, support documentation, district policies and procedures and letter of response to NDEMETHODS: The Director of Special Education will serve as the liaison between the school district and the NDE complaint investigator throughout the complaint process. The Special Education Director will facilitate site and file reviews. The Special Education Director will be responsible for the implementation of any corrective action plan designed to bring the district into compliance. PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.10 Mediation009.10A School districts shall implement the procedures established in Section 009 to allow parties to resolve disputes involving any matter described in 92 NAC 51-009.03B1 and 009.03B2 including matters arising prior to the filing of a due process hearing petition through a mediation process which, at a minimum, shall be available whenever a hearing is requested under 92 NAC 55.009.10A1 The procedures for seeking mediation initiated by either the parent(s) or school district include:009.10A1a contacting the Nebraska Office of Dispute Resolution who will009.10A1b arrange a meeting, invite both parties and conduct the mediation in an attempt to resolve the dispute.009.10B The procedures shall insure that the mediation process:009.10B1 is voluntary on the part of the parties;009.10B2 is not used to deny or delay a parent's right to a due process hearing under 92 NAC 55, or to deny any other rights afforded under this Chapter; and009.10B3 is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.009.10C The school district may implement the procedures in Section 009 to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with:009.10C1 a parent training and information center or community parent resource center in this State established under Section 671 or 672 of the IDEA, or009.10C2 an appropriate alternative dispute resolution entity to encourage the use, and explain the benefits of the mediation process to the parents. 009.10D The Nebraska Department of Education shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services for use by school districts and parents. 009.10D1 If a mediator is not selected on a random basis (e.g., a rotation basis from the list described in 92 NAC 51-009.10D), both parties must be involved in selecting the mediator and agree with the selection of the individual who will mediate.009.10E The Nebraska Department of Education shall bear the cost of the mediation process, including the costs of meetings described in 92 NAC 51-009.10C.009.10F Each session in a mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.009.10G In the case that a resolution is reached to resolve the complaint through the mediation process, the parties shall execute a legally binding agreement that sets forth such resolution and that:009.10G1 states that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;009.10G2 is signed by both the parent and a representative of the agency who has the authority to bind such agency; and009.10G3 is enforceable in any State court of competent jurisdiction or in a district court of the United States.009.09H Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. 009.10I An individual who serves as a mediator under 92 NAC 51-009.10:009.10I1 May not be an employee of:009.10I1a Any school district or approved cooperative or state agency; or009.10I1b An agency that is providing direct services to a child who is the subject of the mediation process; and009.10I1c Must not have a personal or professional conflict of interest.009.10I2 A person who otherwise qualifies as a mediator is not an employee of a school district or State agency solely because he or she is paid by the agency to serve as a mediator. 009.10J A school district may not deny or delay a parent's right to a due process hearing under 92 NAC 55 if the parent fails to participate in the meeting described in 92 NAC 51-009.10C.MEDIATIONPERSON(S) RESPONSIBLE: Special Education Director, Superintendent, and StaffTIMELINE: OngoingMATERIALS: Parent Rights Pamphlet, Mediation BrochureMETHODS: Either the parent or the school district may initiate mediation to resolve special education disputes by making contact with the Nebraska Office of Dispute Resolution. The Office of Dispute Resolution will arrange for all meetings related to the mediation process. Mediation is voluntary on the parts of the parent and the school district.PROCEDURE (PROCEDURAL SAFEGUARDS {continued})009.11 Whenever a due process complaint has been received under 92 NAC 55 or Section 016 of this Chapter, the parents or the school district or approved cooperative shall have an opportunity for an impartial due process hearing.009.11A Prior to the opportunity for an impartial due process hearing, the school district or approved cooperative shall convene a meeting with the parents and the relevant member or members of the IEP Team who have specific knowledge about the facts identified in the complaint. 009.11A1 The meeting must occur within 15 days of receiving notice of the parents’ complaint;009.11A2 The meeting shall include a representative of the school district or approved cooperative who has decision-making authority;009.11A3 The meeting may not include an attorney of the school district or approved cooperative unless the parent is accompanied by an attorney;009.11A4 At the meeting the parents of the child shall discuss their complaint, and the facts that form the basis of the complaint, and the school district or approved cooperative is provided the opportunity to resolve the complaint, unless the parents and the school district or approved cooperative agree in writing to waive such meeting, or agree to use the mediation process described in 92 NAC 51-009.10. 009.11B If the school district or approved cooperative has not resolved the complaint to the satisfaction of the parents within 30 days of the receipt of the complaint, the due process hearing may occur, and all of the applicable timelines for a due process hearing under 92 NAC 55 shall commence.009.11C In the case that a resolution is reached to resolve the complaint at a meeting described in 92 NAC 51-009.11A, the parties shall execute a legally binding agreement that:009.11C1 is signed by both the parent and a representative of the school district or approved cooperative who has the authority to bind such agency; and009.11C2 is enforceable in any State court of competent jurisdiction or in a District court of the United States.009.11D If the parties execute an agreement pursuant to 92 NAC 51-009.11C, a party may void such agreement within three business days of the agreement’s execution.009.12 A parent of a child with a disability may elect to receive notices required under this section by an electronic mail (e-mail) communication, if the school district or approved cooperative makes such option available.009.13 Special Education Due Process Hearings009.13A A parent or a school district may initiate a hearing on any of the matters described in 92 NAC 51-009.03B relating to the identification, evaluation or educational placement of the child with a disability, or the provision of FAPE to the child by filing a petition pursuant to 92 NAC 55.009.13B When a hearing is initiated under 92 NAC 55, the school district shall inform the parents of the availability of mediation described in 92 NAC 51-009.10.009.13C The school district shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or if the parent or the school district initiates a hearing under 92 NAC 55.009.13D Any party to a due process hearing has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities. DUE PROCESS HEARINGSPERSON(S) RESPONSIBLE: Director of Special Education, Superintendent, and School District AttorneyTIMELINE: Follow timelines specified in 92 NAC 55MATERIALS: 92 NAC 55, all documentation regarding dispute and district’s actionMETHODS: A due process appeal is initiated by filing a petition with the Nebraska Department of Education. The content of the petition and the procedures to be followed are specified in 92 NAC 55.Before a due process hearing, the district must convene a meeting with the parents and relevant IEP/IFSP team members pursuant to 92 NAC 51-009.11. POLICY - TRANSPORTATION PLEASANTON SCHOOL DISTRICT ENSURES THAT TRANSPORTATION WILL BE PROVIDED TO ANY SPECIAL EDUCATION STUDENT WHO QUALIFIES FOR SPECIAL EDUCATION TRANSPORTATION UNDER NEB . REV . STAT . 79-1129. PROCEDURE014 Special Education Transportation014.01 The board of education shall furnish one of the following types of services to children with disabilities who are residents of the school district:014.01A provide transportation for any child with a disability who is forced to leave the school district temporarily because of lack of educational services; and014.01B provide transportation within the school district for any child with a disability who is enrolled in a special education program of the district when either:014.01B1 The child is required to attend a facility other than what would be the normal school of attendance of the child to receive appropriate special education services; or014.01B2 The nature of the child's disability is such that special education transportation is required.014.01C The board of education shall provide transportation for all children with disabilities birth to age five including children birth to age five who are wards of the court.014.01D Transportation for Children Attending a Non-Public School014.01D1 If necessary for the child to benefit from or participate in the services provided under this Chapter, a nonpublic school child with a disability must be provided transportation:014.01D1a from the child's school or the child's home to a site other than the nonpublic school; and014.01D1b from the service site to the nonpublic school, or to the child's home, depending on the timing of the services.014.01D2 School districts are not required to provide transportation from the child's home to the nonpublic school.014.02 Responsibility for Transportation 014.02A The board of education shall be responsible to provide for the transportation expenses of children with disabilities who are residents of the school district under Neb. Rev. Stat. 79-1129 by:014.02A1 paying a parent for transporting his or her child for actual miles traveled and claimed; or014.02A2 operating vehicles for the purpose of transporting children with disabilities; or014.02A3 contracting for transportation services for children with disabilities; or014.02A4 purchasing services from a common carrier; or014.02A5 arranging for such other transportation as is proper and necessary to transport children with disabilities.014.02B The board of education shall select an efficient and effective means of transportation for the child with a disability at a reasonable cost.014.02C The board of education shall not provide for the transportation expenses of children with a disability who are residents of the school districts under Neb. Rev. Stat. 79-1129 if such children are able to use regular transportation services provided by the district unless:014.02C1 alteration of the routes of such regular transportation is required to transport children with a disability; or014.02C2 alteration is required of the equipment or vehicles used in such regular transportation in order to accommodate children with a disability.014.02D The board of education shall provide for expenses equal to the statutory amount for each mile or fraction thereof traveled between the place of residence and the program of attendance when a parent transports his or her child(ren) with a disability. (Refer to Neb. Rev. Stat. 79-1129 and 81-1176.)014.02E Except when a parent is transporting only his or her child, the board of education shall require that the driver and vehicle meet the standards required by 92 NAC 91, 92, 93, and 94.014.02F For students with disabilities participating in the Option Enrollment Program under Neb. Rev. Stat. 79-232 to 79-246, the transportation services included on the student’s IEP shall be provided by the district from which the student optioned. The Department shall reimburse the district from which the student optioned for the cost of transportation in accordance with Section 014.014.03 Allowable Expenses014.03A The school district or approved cooperative shall provide for the transportation expenses of children with a disability transported by the parents of such children, upon receipt of claims submitted to the board of education by such parents. Such claims shall be documented and subject to audit. The claims shall:014.03A1 state the names of the children transported, the dates they were transported, the mileage incurred in such transportation; and014.03A2 contain a statement that the claim is a true and correct report of mileage; and014.03A3 include the signature of the parent.014.03B The school district or approved cooperative shall not be relieved of the obligation to provide transportation for an eligible child with a disability because of the inability or unwillingness of the child's parents to provide transportation. No eligible child with a disability may be denied or have limitations placed on the child's receipt of special education services required by an IEP or IFSP as a result of the inability or unwillingness of parents to provide transportation.014.03C The school district or approved cooperative shall provide for the expenses or the equivalent costs for transportation from the child's legal residence (the residence of the parent(s)) or Department of Education approved residential placement, to the child's program.014.03D A school district or approved cooperative may apply to the Department of Health and Human Services for reimbursement of transportation costs for the school age student who was made a ward of the state or court prior to his or her arrival in that school district. TRANSPORTATIONPERSON(S) RESPONSIBLE: Director of Special Education, IEP Case Manager, and Transportation SupervisorTIMELINE: OngoingMATERIALS: IEP/IFSP Form, route schedules, Parent Procedures-Reimbursement Claim Forms, Rules for Safe Transportation of StudentsMETHODS: The student will be transported by district vehicle, or if district vehicle service is not available, the school district will contract with a licensed common carrier for transportation services. If the parent provides transportation as included on the student’s IEP/IFSP, the district will reimburse parents at the rate approved by the Nebraska Department of Education for actual miles traveled from place of residence to school of attendance and return by the most direct route. Transportation eligibility will be determined by the student’s IEP Team. The plan for transportation for the student shall be part of the IEP/IFSP. POLICY - PERSONNEL STANDARDS PLEASANTON PUBLIC SCHOOLS ENSURES THAT ALL PERSONNEL ARE APPROPRIATELY AND ADEQUATELY PREPARED SUBJECT TO IDEA REQUIREMENTS AND PLEASANTON PUBLIC SCHOOLS WILL TAKE MEASURABLE STEPS TO RECRUIT, HIRE, TRAIN AND RETAIN PERSONNEL MEETING THE REQUIREMENTS OF IDEA TO PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO CHILDREN WITH DISABILITIES.PROCEDURE010 Qualifications of Special Education Personnel for Program Approval and Reimbursement010.01 School districts and approved cooperatives shall ensure that all personnel necessary to carry out this Chapter are appropriately and adequately prepared and trained including that those personnel have the content knowledge and skills to serve children with disabilities, subject to the requirements of Section 2122 of the Elementary and Secondary Education Act of 1965.010.01A Instructional personnel shall hold valid Nebraska Department of Education certification, be endorsed in the assigned area. Instructional personnel may serve children with visual impairments and children with hearing impairments in a multi-categorical program if the instructional personnel have attended training approved by the Department of Education or have received consultation from an individual endorsed in the area of visual hearing impairments. This section does not apply to individuals providing in-service.010.01B Each person employed as a special education teacher who teaches elementary school, middle school, or secondary school shall be a teacher meeting IDEA 2004 criteria as defined in 003.64.010.01C School districts or approved cooperatives shall take measurable steps to recruit, hire, train and retain teachers meeting IDEA 2004 criteria to provide special education and related services.010.03 Related Services Personnel and Paraprofessionals010.03A Related services personnel and paraprofessionals shall hold any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services.010.03B Related services personnel who deliver services in their discipline or profession shall not have had certification or licensure requirements waived on an emergency, temporary, or provisional basis.010.03C Paraprofessionals shall be appropriately trained and supervised by qualified special education personnel to be used to assist in the provision of special education and related services under this Chapter.010.03D A paraprofessional shall not teach, as defined in Neb. Rev. Stat. 79- 101.12.010.04 Personnel providing special education services who do not hold Department of Education certification and endorsement shall be licensed by the appropriate State of Nebraska Board of Examiners.010.05 Personnel employed by approved service agencies shall be certified by the Department of Education or shall hold the credential or training required by the licensing standard under which the service providers operate.602(10) HIGHLY QUALIFIED. – (A) In GENERAL – For any special education teacher, has the meaning given the term “high qualified” in Section 9101 of the Elementary and Secondary Education Act of 1965, except that such term also (i) includes the requirements described in Subparagraph (B); and (ii) includes the option for teachers to meet the requirements of Section 9101 of such Act by meeting the requirements of Subparagraph (C) and (D).(B) REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS – When used with respect to any public elementary school or secondary school special education teacher teaching in the State, such term means that – (i) the teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher; except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State’s public charter school law; (ii) the teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and (iii) the teacher holds at least a bachelor’s degree.(C) SPECIAL EDUCATION TEACHERS TEACHING TO ALTERNATE ACHIEVEMENT STANDARDS. – When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under the regulations promulgated under Section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, such term means the teacher, whether new or not new to the profession, may either—(iii) meet the applicable requirements of Section 9101 of such Act for any elementary, middle, or secondary school teacher who is new or not new to the profession; or (iv) meet the requirements of Subparagraph (B) or (C) of Section 9101(23) of such Act as applied to an elementary school teacher, or, in the case of instruction above the elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively teach to those standards.(D) SPECIAL EDUCATION TEACHERS TEACHING MULUTIPLE SUBJECTS – When used with respect to a special education teacher who teaches two or more core academic subjects exclusively to children with disabilities, such term means that the teacher may either – (i) meet the applicable requirements of Section 9101 of the Elementary and Secondary Education Act of 1965 for any elementary, middle, or secondary school teacher who is new or not new to the profession;(ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under Section 9101(23)(c)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects; or (iii) in the case of a new special education teacher who teaches multiple subjects and who is highly qualified in multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under Section 9101(23)(c)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects, not later than two years after the date of employment.(E) RULE OF CONSTRUCTION – Notwithstanding any other individual right of action that a parent or student may maintain under this part, nothing in this section or part shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a school district or approved cooperative employee to be highly qualified.(F) DEFINITION FOR PURPOSES OF THE ESEA – A teacher who is highly qualified under this paragraph shall be considered highly qualified for purposes of the Elementary and Secondary Education Act of 1965.PERSONNEL STANDARDSPERSON(S) RESPONSIBLE: The Superintendent, Principal, or Designee will advertise, interview, hire and retain appropriate professional staff.TIMELINE: As soon as a position requiring special education and/or related services endorsement is approved by the Board of Education, advertisements in local and regional papers, college publications and other avenues will be completed and documented.MATERIALS: Ads listing the positions and requirements, applicant files requiring completed application form, transcripts, and credentials, required state background checksMETHODS: After a position is posted and advertised, candidates for interviews are selected by the Superintendent, Principal or Designee. Candidates are selected on the basis of having a completed applicant file, appropriate qualifications and credentials for the position. POLICY - PERFORMANCE GOALS AND INDICATORS PLEASANTON PUBLIC SCHOOLS WILL USE PERFORMANCE GOALS AND INDICATORS ESTABLISHED BY THE STATE TO ASSESS PROGRESS TOWARD ACHIEVING THOSE GOALS THAT ARE CONSISTENT TO THE EXTENT APPROPRIATE WITH ANY OTHER GOALS AND ACADEMIC STANDARDS FOR CHILDREN. PLEASANTON PUBLIC SCHOOLS WILL PROVIDE THE NEBRASKA DEPARTMENT OF EDUCATION WITH INFORMATION NECESSARY TO ENABLE THE STATE TO ASSESS PROGRESS TOWARD ACHIEVING THE GOALS ESTABLISHED BY THE STATE. PROCEDUREThe school district will use performance indicators established by the state: 1. to assess progress of children with disabilities in Nebraska in achieving goals; 2. that ensure free appropriate public education (FAPE) designed to meet their unique needs and prepare them for employment and adult living; 3. that ensure that the rights of children with disabilities and their parents are protected; and 4. that ensure educators and parents have the necessary tools to improve educational results for children with disabilities and to ensure the effectiveness of efforts to educate children with disabilities. The district ensures that the goals are consistent, to the maximum extent appropriate, with other goals and standards for children established by the state.The state assesses progress toward achieving those goals that address the performance of children with disabilities on assessment, and on dropout rates and graduation rates. The district will report to the Nebraska Department of Education on the progress of children with disabilities toward these goals, and on assessment, dropout rates and graduation rates.PERSON(S) RESPONSIBLE: Superintendent, Principal, or DesigneeTIMELINE: Annually as requested by NDEMATERIALS: Performance Goals and Indicators, Measurement DataMETHODS: The district will follow the procedures outlined above in carrying out the provisions of Performance Goals and Indicators. POLICY - SUSPENSION AND EXPULSION REPORTING PLEASANTON PUBLIC SCHOOLS WILL REPORT DATA TO THE NEBRASKA DEPARTMENT OF EDUCATION TO DETERMINE IF SIGNIFICANT DISCREPANCIES ARE OCCURRING IN THE RATE OF LONG-TERM SUSPENSION AND EXPULSIONS OF CHILDREN WITH DISABILITIES. PROCEDURE004.06A10 The incidence and duration of disciplinary actions by race, ethnicity, limited English proficiency status, gender, and disability category, of children with disabilities, including suspensions of one day or more.004.06A11 The number and percentage of children with disabilities who are removed to alternative educational settings or expelled as compared to children without disabilities who are removed to alternative educational settings or expelled.PERSON(S) RESPONSIBLE: Superintendent, Principal, or DesigneeTIMELINE: Annually as requested by NDEMATERIALS: NDE Suspension and Expulsion Rate FormsMETHODS: The district will submit to the state the number of suspensions and expulsions of children with disabilities. If significant discrepancies are occurring, the district will review and revise its policies, procedures and practices relating to the development and implementation of IEPs, the use of behavioral interventions, and procedural safeguards, to ensure that these policies, procedures, and practices comply with IDEA.The district will maintain the data regarding suspensions and expulsions of children with disabilities as required by the state report. Data will include number of children listed by disability and race/ethnicity, subject to unilateral removal by school personnel following a drug or weapon offense, number of children subject to removal based on a hearing officer determination regarding likely injury, number of children subject to suspension/expulsion greater than 10 days or multiple short- term suspensions adding up to greater than 10 days. 602.7 Adult EducationAdult education classes offered by the Pleasanton Schools shall be at the discretion of the board of education.602.8 Co-Curricular Activities"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance."The Board of Education of the Pleasanton School formally adopted this statement at the regular meeting on November 8, 1976: "The board policies of the Pleasanton School shall include the regulations of Title IX of the Education Amendments of 1972. Specifically, no person in the Pleasanton School shall, on the basis of sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any educational program or activity of the Pleasanton School."Course Offerings: Course offerings or other educational activities may not be provided separately on the basis of sex; nor can participation be refused on such basis.This policy does not prohibit:A. Grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex;B. Separation of students by sex within physical education classes or activities during participation in football, basketball, and other body contact sports;C. Separation of students by sex in classes dealing exclusively with human sexuality; andD. Separation of persons biased on vocal range or quality even though such separation may result in chorus or choruses of one or predominately one sex.Athletics:No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be treated differently from another person in any interscholastic club, or intramural athletics offered by the school.Equal athletic opportunity shall be provided for members of both sexes, including equal provision for equipment, supplies, coaching, facilities, services, and publicity, except that unequal aggregate expenditure of funds for members of each sex or male and female teams will not in itself constitute a violation of this policy. The school may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where the school operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have been previously limited, members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a contact sport.Counseling: The school shall not discriminate against any person on the basis of sex in the counseling or guidance of the students. The school shall not use different materials that permit or require differential treatment of students unless the material covers the same occupations and interest areas and their use is essential to eliminate sex bias.Other School Activities: The general rules and regulations provided in previous sections shall also apply to other school activities now in existence or initiated in the future as part of the Pleasanton School program or supplementary activities or organizations sponsored by the school.Pregnancy or Family Status: The school shall not apply any rule concerning a student's actual or potential parental, family or marital status which treats students differently on the basis of sex. No student may be discriminated against or excluded from an educational program or activity on the basis of pregnancy or related conditions unless the student requests voluntarily to participate in a separate portion of the program or activity.Title IX: Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally assisted educational programs. Specifically, Title IX states:"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."The following actions by the Board of Education are recommended as minimum steps to insure that the Pleasanton Public Schools are in compliance with the new regulations:Policy Statement:It is the policy of the School District 10-0105 (Pleasanton Public Schools) that no person shall be subject to discrimination on the basis of sex in violation of the federal or Nebraska constitutions or any applicable federal or state law.The Board of Education shall delegate to the Superintendent of Schools the administration of the Title IX guidelines in the areas of treatment of students and employment of staff.Regular grievance procedures shall be followed for any complaints resulting from alleged acts of discrimination. Required Action:1. That Ron Wymore of the Pleasanton Public Schools be designated as the responsible employee to coordinate compliance efforts.2. That any complaints relative to Title IX be referred to Ron Wymore who in turn will see that they are processed through the regular grievance procedures already established for employee groups of the district through grievance procedures specifically adopted for implementation of Title IX.3. That the required public notices concerning Title IX be published in local news media and distributed to students, parents and employees.4. That a task force composed of four employees, four lay citizens of the district and four students be activated and charged with the responsibility for making a self-evaluation of current policies and practices of the district relative to compliance with Title IX.5. That the Self-Evaluation Task Force reports its findings and recommendations to the Board of Education.6. That all printed forms used in the district be reviewed as to compliance at the time of reprinting, separate from the timing of the report of the Self-Evaluation Task Force.602.8a MULTI-CULTURAL EDUCATION POLICYIt shall be the policy of Pleasanton School District No. 10-0105, in compliance with 79-4230 R.R.S. 1943, 92 NAC 16, and 79-213 R.R.S., to comply with such legal authority by way of the following policy:(1) Statement of the philosophy or mission of the district Multi-Cultural Education Program. It is the philosophy of the district as well as the mission of the district to provide learning experiences for students to obtain knowledge about and respect for the diversity and contributions of African Americans, Hispanic Americans, Native Americans, and Asian Americans and to adequately stress the contributions of all ethnic groups. It is important to overcome prejudicial attitudes, to understand the social, and historical backgrounds of other people, and to help students be aware of the world outside the Pleasanton community.(2) Development of district program goals. It shall be the duty of the Superintendent of Schools or his or her designee to develop program goals reflecting multi-cultural education at the local level. Generally such goals shall include, but not be limited to, infusing into all subject areas of the core curriculum in grades K-12, appropriate informational items and activities which will provide learning experiences for students in accordance with the statement of philosophy and mission of the district's Multi-Education Program Policy.It shall further be the policy of the district to include informational items in the core curriculum when educationally appropriate and when such inclusion would not cause an inappropriate deviation from the particular discipline being taught, studies relative to the culture, history, and contributions of African Americans, Hispanic Americans, Native Americans, Asian Americans, and all ethnic groups. Such inclusion shall place special emphasis on human relations and sensitivity toward all races as it relates to language arts, social science, science, mathematics, vocational education, foreign language, visual and performing arts, and personal health and physical fitness.It shall further be the policy of the Board to direct the administrator to use such methodologies and personnel as the administrator or his designee deems appropriate to develop a district program at the local level with due regard for the need to present knowledge about cultures, histories, and contributions of African Americans, Hispanic "Americans, Native Americans, Asian Americans, and all ethnic groups to the local district as well as to the State of Nebraska and the various disciplines of the core curriculum.The Superintendent of Schools shall annually, beginning on November 1, 1995, present evidence to the Board of Education that the district is teaching multi-cultural education as provided by this policy. On or before November 1, 1995 and annually thereafter, the Superintendent of Schools shall further present evidence in a form prescribed by the Nebraska Department of Education that multicultural education is being taught to students in accordance with this policy. The Superintendent shall receive staff reports of multi-cultural occurrences from the certified teaching staff on a form as adopted by this policy.The Superintendent of Schools shall periodically, as deemed appropriate by the Superintendent of Schools, provide staff development for the administrative staff, the teaching staff and the support staff of the district. Such staff development shall be consistent and congruent with this policy and shall have as its objective enabling such staff to develop an effective multi-cultural education program in the district.The Superintendent of Schools shall designate a staff committee on terms as the Superintendent may determine for selecting appropriate materials for meeting the purpose of this policy. The process for selecting appropriate materials shall be as deemed appropriate by the staff committee, which shall be charged by the Superintendent of Schools with rendering to the Superintendent of School's periodic reports as to the selection of such materials as well as a periodic assessment of the district's Multi Cultural Education Program as defined by this policy.It shall be the policy of the district to further designate local community members to work in concert with the staff committee and the administration in the development, implementation, and assessment phases of the multi-cultural education plan of the district as described in this policy. Staff and community representatives in this process shall include such cultural diversity of the district as may exist, if any. It shall not be the policy of the district concerning the local development, implementation, and assessment of the multi-cultural education plan to be obliged to rely on any representatives from outside of the district. However, nothing in this policy shall prohibit the Superintendent of Schools from seeking out such representatives, if in his sole discretion, such representatives would be of benefit to the district in the development, implementation, and periodic assessment of the multi-cultural education plan of the district.The incorporation of multi-cultural education into the core curriculum of the district in grades K-12 shall have taken place on or before the last day of the 1994-1995 school year and shall continue thereafter. MULTICULTURAL EDUCATIONAL GOALS OF THE PLEASANTON PUBLIC SCHOOL DISTRICT #10-0105GOAL 1. All students, regardless of background, will experience an equal opportunity to learn.GOAL 2. To help all students develop more positive attitudes toward different cultural, racial, ethnic, and religious groups.GOAL 3. To confront prejudicial attitudes by teaching decision making and social action skills.GOAL 4. To promote in the student an awareness of a global society.STAFF DEVELOPMENTThe District will seek opportunities for all certificated staff to develop the necessary skills and knowledge to provide the multicultural curriculum and carry out the implementation, monitoring and evaluation of the Multicultural Program.The administrators and the Multicultural Education Committee will plan and present an in-service program for all staff during the school year to assist staff members to gain the knowledge, skill levels, and sensitivity necessary to instruct the curriculum areas with a high degree of multicultural competence.SELECTION AND PROCUREMENT OF APPROPRIATE MATERIALSCriteria for selection of multicultural instructional/library/media materials should:1. Be selected according to the general educational goals of the district and the goals and objectives of the individual schools and specific courses.2. Be appropriate for the age, interests, abilities, learning styles, social development and maturity level of the students.3. Represent the diversity of religious, ethnic, political, and cultural values held in a pluralistic society.4. Illustrate the contributions made by various groups to our national heritage and the world. ASSESSMENT OF PROGRAMThe Multicultural Advisory committee will provide for the periodic assessment of the district's multicultural education program. The classroom activity summary and student survey summary will serve as a source for the assessment. Other instruments may be used to assist in the assessment process.TEACHERSLB. 922 requires all schools to have in place a Multicultural Education Curriculum by 1995. It will be necessary for the school to provide evidence that multicultural studies are being infused across the curriculum areas. The school has adopted four goals as part of our Multicultural Education Plan. To provide the above evidence, it will be required of each teacher to record monthly the activities they have used to infuse multicultural education into their curriculum.MISSION STATEMENT AND PHILOSOPHY MULTICULTURAL EDUCATIONIndividuals acquire knowledge about racial, ethnic, gender, cultural, and exceptional groups through education. It is our belief that in order to understand others, one must first understand and value their ethnic ancestry and cultural heritage.It is the philosophy as well as the mission of the district to provide learning experiences for students to obtain knowledge about and respect for the diversity and contributions of African Americans, Hispanic Americans, Native Americans, and Asian Americans and to adequately stress the contributions of all ethnic groups. It is important to overcome prejudicial attitudes, to understand the social, and historical backgrounds of other people, and to help students be aware of the world outside the Pleasanton community.602.9 Curriculum RevisionsThe Superintendent shall be responsible for the development and effective operation of the school curriculum, special courses and activities that will provide for adequate instruction, and for the well- being of all students who attend the school. He is responsible for keeping this program abreast with the times and with the needs of the community, in accord with the best development in education.Each year the superintendent with the aid of his principal/staff shall assess the courses taught and the content of each class. 602.10 High Ability EducationMission Statement: Through cooperation of students, staff, family, and community, our mission is to offer everyone educational opportunities to excel and become responsible citizens in an ever-changing world. Philosophy and Strategies 1. High ability learners will be identified. 2. High ability learners will be challenged in academic and extra curricular activities. 3. High ability learners will experience alternative learning opportunities, based upon their strengths and interest areas. 4. High ability learners will develop and demonstrate self-motivation and self-management skills. 5. High ability learners will utilize school, family, and community resources.Definition of High Ability Learner We define high ability learner youth as young people who consistently exhibit one or more of the following: 1. Elements of creativity 2. A measured high mental ability, utilizing his/her levels of abstract thinking 3. A measured high achievement in all or specific areas 4. Special talents 5. Skills in leadership of people and management of resources toward a specific goal.Goals, Objectives, & Strategies High ability learners will: 1. Explore educational alternatives to learning; 2. Be challenged in academic and extra curricular activities, helping them to set and meet personal goals; 3. Have the opportunity to receive dual college and high school credit; 4. Develop career/college-planning skills; 5. Develop job shadowing/mentoring experiences; 6. Develop communication and technology skills as related to their regular educational experiences at Pleasanton Public Schools; and 7. Have the opportunity to develop service/learning projects in the school and community.Identification Process The identification process for high ability education at Pleasanton Public Schools will require the following identifying criteria: 1. The student exhibits high levels of self-responsibility, has a desire to achieve and is task motivated. 2. The student meets three out of the following four requirements: A. Achievement test scores of 95% and above percentiles in specific sub test scores or on the total battery. B. Teacher or parent recommendation based on observable, high ability learner characterizes. C. Consistent, past and present high-level classroom performance. D. High quality products in class. High Ability Programs, Services and Options 1. Whole Class Enrichment. All students will be included in such programs. 2. Enrichment Centers. A. Students will participate in interest/ability group projects. B. A mini enrichment center/learning center will be available for student use in the classroom. C. Students will participate in formal academic and or extra curricular competitions with other schools. These activities could include: ESU 10 Academic Quiz Bowl, Science Olympia, Math Fun Day, Future Problem Solvers, Geography Bee, Inter High Day, U.S. Academic Decathlon, Knowledge Master, Leadership Workshops, and Conferences, or Advanced Curriculum Classes. 3. Individualized student centered projects. A. Teacher and student will collaborate to determine appropriate and challenging curriculum. Possibilities include: a. Enrichment activities based on student interest b. Research in or expansion of current areas of study c. Acceleration in a specific subject material d. Optional activities to fit student needs and interests e. Written or oral reports: demonstrations: art, music, or computer projects; field trip; communications project; community service learning project; futuristic planning project. B. Time will be created for projects by compacting the curriculum. C. Student will write a plan/contract for the project. D. Student will continue to demonstrate mastery and knowledge of regular curriculum and complete assignments with a predetermined % of accuracy to remain in the high ability program. This may not apply if a student is working on a totally differentiated curriculum. E. Student will receive a certificate for completion of a predetermined number of projects. F. Student will utilize family, school, and community resources. G. Student will experience career exploration through job shadowing. H. Student will receive specialized counseling based on student need and interest.Evaluation and Assessment of High Ability Education The High Ability Education Committee will evaluate the effectiveness of its program through a summative report based on data gathered through several of the following means: 1. Survey of faculty, parents, students. 2. Input of parents, faculty, students, school board and community members. 3. Graduate follow-up survey. 4. Research of effective high ability education programs. 5. Review of identified strengths and weaknesses of the program. 6. Review of assessment scores through cognitive, achievement, and career related tests. 7. School Improvement Process.Definition of terms: Acceleration: A practice that enables students to progress through basic content at a more rapid rate than is normally planned. It includes honor classes or college level classes. Cluster Groups: Placing students in small groups according to abilities, talents, or needs. This can be done for certain projects or subjects. Compacting: A procedure designed to streamline the regular curriculum. The major purposes of compacting are; 1) to relieve high ability students of the boredom that often results from unchallenging work in the basic skill areas; 2) to buy students time to pursue accelerated or enriched activities. Compacting entails assessing students’ levels of academic performance and reducing or eliminating required lessons, seatwork, and assignments that are repetitious or that can be mastered in less time that is normally required. Enrichment: Experiences or activities that are above or beyond the “regular curriculum”. Falling under the general term enrichment are such practices and offerings as special assignments, independent study, mini courses, etc. 603 INSTRUCTIONAL ARRANGEMENTS603.1 Class SizeA class size of 25 to 1 (or less) will be maintained whenever possible. Class size may be larger when the need arises, especially in self-contained elementary classrooms.603.2 Instructional PurposesEvery effort shall be maintained to fit the school building with the educational goals and curriculum of the Pleasanton Schools.603.3 Field Trips and ExcursionsPupils taken on excursions or field trips in the interest of class activities must have the approval of the Principal or Superintendent in advance, and whenever transportation is involved in such trips, the consent of the parent or guardian is necessary.If enough students are involved in the excursion and transportation is needed, every effort shall be made to go by school bus. If a bus is not available parents, or other drivers may be used.603.4 HomeworkHomework is encouraged in all classes except the lower elementary.603.5 Textbook SelectionTextbook selection shall be done under the supervision of the superintendent and/or principal with the input from the faculty.Textbook samples from different companies should be examined by the teachers in the area where book selection is to be made. After careful evaluation the principal and teacher should make a selection of a textbook and submit the selection to the superintendent for purchase.603.6 Outside Resource PeopleThe faculty is encouraged to use resource people available to them. Many people in the district have talents and special knowledge that is useful and interesting to the students.An outside resource person should be approved by the principal or superintendent before a presentation is scheduled. 603.7 Controversial IssuesIn this day and age there are many controversial issues that may be presented to students whether in the classroom, through reading material, video, film or other media. Media or other presentation methods should be chosen for values of interest and enlightenment of all the students of the community. Materials shall not be excluded because of race, nationality, or the political or religious views of the writer or presenter.There should be the fullest practical provision of materials presenting all points of view concerning the problems and issues of our times, international, national, and local; and materials of sound factual authority shall not be proscribed or removed from the school because of partisan or doctrinal disapproval.The legal responsibility for materials in the school media center rests with the Pleasanton Board of Education. Responsibility for the final selection of materials shall be delegated to the professionally trained personnel who know the course of study, the methods of teaching, and the individual differences of the pupils at the levels for which the materials are provided, such selection to be in accordance with the selection policy approved by the board.603.7 Controversial IssuesSelection Policy for Instructional Materials I. IntroductionThe Pleasanton School Board hereby declares it is the policy of the Pleasanton District to provide a wide range of instructional materials on all levels of difficulty, with diversity of appeal, and the presentation of different points of view and to allow the review of allegedly inappropriate instructional materials through established procedures.This Board fully believes in the principles of intellectual freedom as stated in the First Amendment of the United States Constitution and the Freedom to Read Statement as endorsed by the American Library Association. The following points are especially important: 1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox or unpopular with the majority. 2. Publishers and librarians do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral or anesthetic views as the sole standard for determining what books should be published or circulated. 3. The present laws dealing with obscenity should be vigorously enforced. Beyond that, there is no place in our society for extra-legal efforts to coerce the tastes of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression. 4. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tests upon the community at large. 5. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality of thought and expression. By the exercise of this affirmative responsibility, bookmen can demonstrate that the answer to a bad book is a good one, the answer to a bad idea is a good one.In addition, this Board endorses the Library Bill of Rights as adopted by the Council of the American Library Association, which follows: 1. As a responsibility of library service, books and other library materials selected should be chosen for values of interest, information, and enlightenment of all the people of the community. In no case should library materials be excluded because of the race or nationality or social, political or religious views of the authors. 2. Libraries should provide books and other materials presenting all points of view concerning the problems and issues of our times; no library materials should be proscribed or removed from libraries because of partisan or doctrinal disapproval. 3. Censorship should be challenged by libraries in the maintenance of their responsibility to provide public information and enlightenment. 4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas. 5. The rights of an individual to the use of a library should not be denied or abridged because of his/her age, race, religion, national origins or social or political views. 6. As an institution of education for democratic living, the library should welcome the use of its meeting rooms for socially useful and cultural activities and discussion of current public questions. Such meeting places should be available on equal terms to all groups in the community regardless of the beliefs and affiliations of their members, provided that the meetings are open to the public.II. Objectives of selection The primary objective of the school's educational media center is to implement, enrich and support the educational program of the school. It is the duty of the center to provide a wide range of materials on all levels of difficulty, with diversity of appeal, and the presentation of different points of view. Therefore, the Board reaffirms the objectives of the Standards for School Media Programs, and asserts that the responsibility of the library media center is:1. To provide materials that will enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity levels of the pupils served. 2. To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards. 3. To provide a background of information which will enable pupils to make intelligent judgments in their daily life. 4. To provide materials on opposing sides of controversial issues so that young citizens may develop under guidance the practice of critical analysis of all media. 5. To provide materials representative of the many religious, ethnic, and cultural groups and their contributions to our American heritage. 6. To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library media center.III. Responsibility for Selection of Material The Pleasanton Board of Education is legally responsible for the operation of the school, the responsibility for the selection of instructional material is delegated to the professionally trained media personnel. The people involved with material selection will include media personnel, teachers, students, administrators, and community persons, with the responsibility for coordinating and recommending the selection and purchase of instructional materials resting with the media personnel.The responsibility for coordinating the selection and purchase of textbooks lies with the appropriate department chairpersons or with the textbook evaluation committee. Textbooks are to be purchased from the budget of the appropriate department and not from the media budget.IV. Criteria for Selection The educational goals of the individual school, curriculum needs, faculty and student needs, and existing materials in the collection are to be considered in developing the media collection. Materials to be purchased are to be considered on the basis of their: a. Verball purpose b. Importance of subject matter c. Recency of material d. Authoritativeness and accuracy e. Readability and popular appeal f. Freedom from bias g. Quality of writing/production h. Format and price i. Reputation of publisher/producer j. Reputation of author/artist/composer, etc k. Stimulus to creativity l. Usefulness to instructional programV. Procedures for Selection In selecting materials for purchase, the media specialist evaluates the existing collection and consults: a. Reputable, unbiased, professionally prepared selection aids b. Specialists from all departments and/or grade levels c. The selection committee appointed by the principal to serve in an advisory capacity in the selection of materials.In regard to certain specific areas the following procedures are to be followed: 1. All gift materials are to be accepted with the understanding the media specialist is to decide if the materials meet the basic selection standards and are to be accepted or rejected for the collection. 2. Multiple items of outstanding educational value and much in demand media are to be purchased as needed. 3. Worn or lost standard items are to be replaced periodically. 4. Out-of-date or no longer useful materials are to be withdrawn from the collection. 5. Sets of materials and materials acquired by subscription are to be examined carefully, and are to be purchased only to fill a definite need. 6. Salesmen must have permission from the superintendent's office before going into any of the schools. VI. Challenged Materials Despite the care in selection of materials, objections to a certain selection can arise. When this occurs, the principles of intellectual freedom, the right to access of materials, and the integrity of the media personnel must be defended rather than the materials.If a complaint is made, the following procedures should be followed: 1. Be courteous, inform the complainant of the selection procedures, but make no commitments. 2. Request the complainant to submit a formal reconsideration form. (Form A) 3. Inform the superintendent and other appropriate personnel. 4. Keep challenged materials on the shelves during the reconsideration process. 5. Upon receipt of the completed form, the superintendent is to ask for a review of the challenged material, and is to appoint a review committee. The review committee is to consist of media representatives, classroom teachers, one or more parents, and one or more students. 6. The review committee is to: a. Read and examine challenged material in its entirety, b. Check general acceptance of the material by reading reviews and consulting recommended lists, c. Meet to discuss the material, weighing values and faults against each other, and then form an opinion based on the material as a whole and not on passages pulled out of context. d. Prepare a written recommendation to be presented to the superintendent and the school board. 7. Retain or withdraw challenged material as mandated by the decision of the school board.603.8 PARENT INVOLVEMENT POLICY Pleasanton Public School District No. 10-0105, after having conducted a public hearing concerning parental involvement and participation in the school district herewith declares that it shall be the policy of the District to provide access to parents to all textbooks, standardized tests, curriculum materials, and any other instructional materials used by the school.It shall further be the policy of the District in the event any parent has a complaint or objection to any such materials to make such provision for personal conferences with the parent and appropriate school personnel to discuss such concerns as the superintendent or his/her designee may deem appropriate. The superintendent or his/her designee shall cause to be prepared a complaint form that may be used by a parent to express objections to any such instructional material. Such complaint forms shall seek information including, but need not be limited to, the specific instructional material complained of, the reason for the complaint, and a proposed solution for resolution of the complaint by the parent.It shall further be the policy of the District to, upon any reasonable advance request by a parent to attend and monitor courses, assemblies, or counseling sessions, to permit such parent to be in attendance at such activities unless such attendance would substantially interfere with a legitimate school interest. It shall further be the policy of the District to encourage communications from parents concerning when a parent believes it to be appropriate for his/her student to be excused from standardized testing, classroom instruction, and other school experiences that the parent finds objectionable. The superintendent or his/her designee shall make a provision on the complaint form herein above referred to for receiving information from a parent concerning what specific testing, classroom instruction, or other school experience the parent finds objectionable, the basis for the parent's objection and a proposed solution for dealing with the objection that would be satisfactory to the parent.It shall further be the policy of the District to provide full access to the records of the students to a parent or guardian all as set forth in 79-4,157, the Federal Education Right To Privacy Act, and other applicable law during regular business hours of the school at the school headquarters or wherever the student's records may regularly be maintained by the District.It is further the policy of the District to notify a parent or parents of any student who may be subjected to a standard-norm referenced or criterion-referenced test or standard tests such as but not limited to the Iowa Test of Basic Skills, California Achievement Test, PSAT, and ACT, to notify the parent when reasonable to do so, where a sample of such tests might be observed and the date upon which such test will be administered. As to all testing by the District, experimental evaluation methodologies, experimental testing instruments and any testing instrument which would tend to inquire into the values, beliefs, or privacy rights of any student, or parent or guardian of such student shall be prohibited unless a parent requests in writing that such tests be administered to his/her resident student.Prior to any school sponsored survey being administered to the students of the District, it shall be the duty of the superintendent or his/her designee to notify the parent or parents of each student involved in the survey of the nature of the survey, the date and time when such survey shall be administered, and the purpose for which and the uses of which survey exist from the school's perspective. Any parent who, after observing the survey instrument, requests in writing that his/her student be exempt from such survey shall have such request honored.In order to ascertain that such rights as the parents of the District may have to make judgments believed by the parent to be in the best interest of the student it shall be the policy of the District whenever a parental objection is raised concerning textbooks, standardized tests, and other curriculum materials, the subject matter of course, assemblies, counseling sessions, or other instructional activities, and when such objections are asserted by the parent to be made in good faith for reasons of conscience or based upon religious grounds, and when such objection causes the parent to request that his/her student be excused from any testing, classroom instruction, survey, assembly, counseling session, or other instructional activity or other school experience, the superintendent or his/her designee shall excuse such student from the activity. The Administration shall direct the appropriate personnel to make reasonable efforts to provide, when reasonable or practical to do so, alternate school activities or school experiences for the activity or school experience from which the student has been excused.It shall further be the policy of the District to prohibit any diminution in grade, credit, or other determent to the student as a result of having been excused from any school experience or school activity as a result of objections by his/her parent or parents under this policy. 603.9 Internet Safety and Acceptable Use PolicyA. Internet Safety PolicyIt is the policy of Pleasanton Public School to comply with the Children’s Internet Protection Act (CIPA). With respect to the District’s computer network, the District shall: (a) prevent user access to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b) provide for the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; (c) prevent unauthorized access, including so-called “hacking,” and other unlawful activities online; (d) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and (e) implement measures designed to restrict minors’ access to materials (visual or non-visual) that are harmful to minors.1. Definitions. Key terms are as defined in CIPA. “Inappropriate material” for purposes of this policy includes material that is obscene, child pornography, or harmful to minors. The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that: (1) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (2) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (3) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.2. Access to Inappropriate Material. To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter Internet, or other forms of electronic communications, access to inappropriate information. Specifically, as required by the CIPA, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors. Subject to staff supervision, technology protection measures may be disabled or, in the case of minors, minimized only for bona fide research or other lawful purposes.3. Inappropriate Network Usage. To the extent practical, steps shall be taken to promote the safety and security of users of the District’s online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications. Specifically, as required by CIPA, prevention of inappropriate network usage includes: (a) unauthorized access, including so-called ‘hacking,’ and other unlawful activities; and (b) unauthorized disclosure, use, and dissemination of personal identification information regarding minors.4. Supervision and Monitoring. It shall be the responsibility of all members of the District staff to supervise and monitor usage of the online computer network and access to the Internet in accordance with this policy and CIPA. Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of the Superintendent and the Superintendent’s designees. 5. Social Networking. Students shall be educated about appropriate online behavior, including interacting with others on social networking websites and in chat rooms, and cyberbullying awareness and response.6. Adoption. This Internet Safety Policy was adopted by the Board at a public meeting, following normal public notice.B. Computer Acceptable Use PolicyThis computer acceptable use policy is supplemental to the District’s Internet Safety Policy.1. Technology Subject to this Policy. This Computer Acceptable Use Policy applies to all technology resources of the District or made available by the District. Technology resources include, without limitation, computers and related technology equipment, all forms of e-mail and electronic communications, and the internet. 2. Access and User Agreements. Use of the District technology resources is a privilege and not a right. The Superintendent or designee shall develop appropriate user agreements and shall require that employees, students (and their parents or guardians), and others to sign such user agreements as a condition of access to the technology resources, as the Superintendent determines appropriate. Parents and guardians of students in programs operated by the District shall inform the Superintendent or designee in writing if they do not want their child to have access. The Superintendent and designees are authorized and directed to establish and implement such other regulations, forms, procedures, guidelines, and standards to implement this Policy. The technology resources are not a public forum. The District reserves the right to restrict any communications and to remove communications that have been posted.3. Acceptable Uses. The technology resources are to be used for the limited purpose of advancing the District’s mission. The technology resources are to be used, in general, for educational purposes, meaning activities that are integral, immediate, and proximate to the education of students as defined in the E-rate program regulations. 4. Unacceptable Uses.The following are unacceptable uses of the technology resources: a. Personal Gain: Technology resources shall not be used, and no person shall authorize its use, for personal financial gain other than in accordance with prescribed constitutional, statutory, and regulatory procedures, other than compensation provided by law. b. Personal Matters: Technology resources shall not be used, and no person shall authorize its use, for personal matters. Occasional use that the Superintendent or designee determines to ultimately facilitate the mission of the District is not prohibited by this provision. Examples of occasional use that may be determined to ultimately facilitate the mission of the District: sending an e-mail to a minor child or spouse; sending an e-mail related to a community group in which an employee is a member where the membership in the community group facilitates the District’s mission. This occasional use exception does not permit use by employees contrary to the expectations of their position. For example, employees may not play games or surf the net for purposes not directly related to their job during duty time; nor may students do so during instructional time. The occasional use exception also does not permit use of the technology resources for private business, such as searching for or ordering items on the internet for non-school use; or sending an e-mail related to one’s own private consulting business. c. Campaigning: Technology resources shall not be used, and no person shall authorize its use, for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question. d. Technology-Related Limitations: Technology resources shall not be used in any manner which impairs its effective operations or the rights of other technology users. Without limitation,1. Users shall not use another person’s name, log-on, password, or files for any reason, or allow another to use their password (except for authorized staff members). 2. Users shall not erase, remake, or make unusable another person’s computer, information, files, programs or disks. 3. Users shall not access resources not specifically granted to the user or engage in electronic trespassing. 4. Users shall not engage in “hacking” to gain unauthorized access to the operating system software or unauthorized access to the system of other users. 5. Users shall not copy, change, or transfer any software without permission from the network administrators. 6. Users shall not write, produce, generate, copy, propagate, or attempt to introduce any computer code designed to self-replicate, damage, or otherwise hinder the performance of any computer’s memory, file system, or software. Such software is often called a bug, virus, worm, Trojan horse, or similar name. 7. Users shall not engage in any form of vandalism of the technology resources. 8. Users shall follow the generally accepted rules of network etiquette. The Superintendent or designees may further define such rules. e. Other Policies and Laws: Technology resources shall not be used for any purpose contrary to any District policy, any school rules to which a student user is subject, or any applicable law. Without limitation, this means that technology resources may not be used:1. to access any material contrary to the Internet Safety Policy; or to create or generate any such material. 2. to engage in unlawful harassment or discrimination, such as sending e- mails that contain sexual jokes or images. 3. to engage in violations of employee ethical standards and employee standards of performance, such as sending e-mails that are threatening or offensive or which contain abusive language; use of end messages on e-mails that may imply that the District is supportive of a particular religion or religious belief system, a political candidate or issue, or a controversial issue; or sending e-mails that divulge protected confidential student information to unauthorized persons. 4. to engage in or promote violations of student conduct rules. 5. to engage in illegal activity, such as gambling. 6. in a manner contrary to copyright laws. 7. in a manner contrary to software licenses.5. Disclaimer. The technology resources are supplied on an “as is, as available” basis. The District does not imply or expressly warrant that any information accessed will be valuable or fit for a particular purpose or that the system will operate error free. The District is not responsible for the integrity of information accessed, or software downloaded from the Internet. 6. Filter. A technology protection measure is in place that blocks and/or filters access to prevent access to Internet sites that are not in accordance with policies and regulations. In addition to blocks and/or filters, the District may also use other technology protection measures or procedures as deemed appropriate. Notwithstanding technology protection measures, some inappropriate material may be accessible by the Internet, including material that is illegal, defamatory, inaccurate, or potentially offensive to some people. Users accept the risk of access to such material and responsibility for promptly exiting any such material. The technology protection measure that blocks and/or filters Internet access may be disabled only by an authorized staff member for bona fide research or educational purposes: (a) who has successfully completed District training on proper disabling circumstances and procedures, (b) with permission of the immediate supervisor of the staff member requesting said disabling, or (c) with the permission of the Superintendent. An authorized staff member may override the technology protection measure that blocks and/or filters Internet access for a minor to access a site for bona fide research or other lawful purposes provided the minor is monitored directly by an authorized staff member. 7. Monitoring. Use of the technology resources, including but not limited to internet sites visited and e-mail transmitted or received, is subject to monitoring by the administration and network administrators at any time to maintain the system and insure that users are using the system responsibly, without notice to the users. Users have no privacy rights or expectations of privacy with regard to use of the District’s computers or Internet system. All technology equipment shall be used under the supervision of the Superintendent and the Superintendent’s designees.8. Sanctions. Violation of the policies and procedures concerning the use of the District technology resources may result in suspension or cancellation of the privilege to use the technology resources and disciplinary action, up to and including expulsion of students and termination of employees. Use that is unethical may be reported to the Commissioner of Education. Use that is unlawful may be reported to the law enforcement authorities. Users shall be responsible for damages caused and injuries sustained by improper or non-permitted use. Legal Reference: Children’s Internet Protection Act, 47 USC § 254 FCC Order adopted August 10, 2011 47 USC § 254(h)(1)(b); 47 CFR 54.500(b) and 68 FR 36932 (2003) (E-rate restrictions) Neb. Rev. Stat. § 49-14,101.01 (Political Accountability and Disclosure Act)Date of Adoption: March, 2012 Pleasanton Public School Addition to Employee Code of Conduct Appendix “1”ACCEPTABLE USE OF COMPUTERS AND NETWORKSADMINISTRATORS, FACULTY AND STAFF AGREEMENTIn order to make sure that all members of Pleasanton Public School community understand and agree to these rules of conduct for use of the e-mail and Internet systems of the school district, the Pleasanton Public School District asks that you, as an administrator, faculty member, or staff member user, sign the following statement:I have received a copy of, and have read, the Internet Safety and Acceptable Use Policy adopted by the Pleasanton Public School and I understand and will abide by those district guidelines and conditions for the use of the facilities of Pleasanton Public School and access to the Internet. I further understand that any violation of the district guidelines is unethical and may constitute a criminal offense. Should I commit any violation, my access privileges will be revoked. School disciplinary action and/or appropriate legal action will be taken.I agree not to hold the Pleasanton Public School any of its employees, or any institution providing network access to Pleasanton Public School responsible for the performance of the system or the content of any material accessed through it.Employee’s Name Employee's Signature Date: This form will be retained on file by authorized faculty designee for duration of applicable computer/network/Internet use. Pleasanton Public School Addition to Student Code of Conduct Appendix “2”ACCEPTABLE USE OF COMPUTERS AND NETWORKSSTUDENT’S AGREEMENTIn order to make sure that all members of Pleasanton Public School community understand and agree to these rules of conduct, Pleasanton Public Schools asks that you as a student user sign the following statement:I have received a copy of, and have read, the Internet Safety and Acceptable Use Policy adopted by the Pleasanton Public School, and I understand and will abide by those district guidelines and conditions for the use of the facilities of Pleasanton Public School and access to the Internet. I further understand that any violation of the district guidelines is unethical and may constitute a criminal offense. Should I commit any violation, my access privileges will be revoked. School disciplinary action and/or appropriate legal action will be taken.I agree not to hold the Pleasanton Public School, any of its employees, or any institution providing network access to Pleasanton Public School responsible for the performance of the system or the content of any material accessed through it.Student's Name Student's Signature Date: This form will be retained on file by authorized faculty designee for duration of applicable computer/network/Internet use. Pleasanton Public School Addition to Student Code of Conduct Appendix “3”ACCEPTABLE USE OF COMPUTERS AND NETWORKSPARENT’S AGREEMENTIn order to make sure that all members of Pleasanton Public School community understand and agree to these rules of conduct, we ask that you as a parent/guardian sign the following statement:I have received a copy of, and have read, the Internet Safety and Acceptable Use Policy adopted by Pleasanton Public School. As parent or guardian of the student named below, I grant permission for my son or daughter to access networked computer services such as electronic mail (e-mail) and the Internet. I understand that this free access is designed for educational purposes. I also understand that individuals may be held liable for violations of those Terms and Conditions. However, I also recognize that it is impossible to restrict access to all controversial materials and I will not hold Pleasanton Public School responsible for materials acquired or sent via the network.I agree not to hold the Pleasanton Public School, any of its employees, or any institution providing network access to Pleasanton Public School responsible for the performance of the system or the content of any material accessed through it.Student's Name Parent's Signature Date: This form will be retained on file by authorized faculty designee for duration of applicable computer/network/Internet use.604 SERVICES604.1 Guidance and CounselingThe Pleasanton School shall provide Counseling and Guidance services in accordance with the provisions of NDE Rule 10.604.2 Health ServicesThe Pleasanton School shall provide health services as needed to comply with state law. A school nurse shall be employed on a part time basis to fulfill the students health needs.604.3 Special Services Other services may be provided as deemed necessary by the administration and the board of education.604.4 Homeless Youth It shall be the policy of Pleasanton Public Schools to insure each Homeless Youth has equal access to a free appropriate education as provided to all other youth.For the purpose of this policy Homeless Children and Youth shall mean: 1. Those children lacking a fixed regular and/or regular residence; or 2. Those children having a nighttime residence in a supervised or privately operated shelter for temporary accommodations.604.41 Homeless StudentsThis School District will comply with the federal and state law related to homeless students.A “homeless children” for purposes of this Policy is a child who lacks a fixed, regular, and adequate nighttime residence, as defined by applicable federal and state law related to homeless students. An “unaccompanied youth” is a child who is not in the physical custody of a parent or guardian. 1. Homeless Coordinator: The District’s designated Homeless Coordinator is the Superintendent. The Homeless Coordinator may delegate the specified duties as the Homeless Coordinator determines to be appropriate. The Homeless Coordinator shall serve as the school liaison for homeless children and youth. a. Responsibilities. The responsibilities of the Homeless Coordinator are to assist with identification, enrollment, and placement of homeless children and to provide staff development activities to all school personnel regarding the educational rights and needs of homeless children and youth. The Homeless Coordinator shall ensure that: i. homeless children are identified by school personnel; ii. homeless children enroll in, and have a full and equal opportunity to succeed in, school; iii. homeless children and their families receive educational service for which they are eligible and referrals to health, dental, and mental health services and other appropriate services; iv. the parents or guardians of homeless children are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children; v. public notice of the educational rights of homeless children is disseminated where such children receive services under the federal homeless children laws, such as schools, family shelters, and soup kitchens; vi. enrollment disputes are mediated in accordance with law; and vii. the parents or guardians of homeless children, and any unaccompanied youth, are fully informed of transportation services available under law. b. Coordination. The Homeless Coordinator shall coordinate with State coordinators and community and school personnel responsible for the provisions of education and related services to homeless children. Coordination activities with area shelters and other homeless service providers are to be established by the Homeless Coordinator. c. Financial. The Homeless Coordinator shall ensure that financial records are maintained to show expenditures are for authorized activities. Title I, Part A homeless set-aside funds are also to be used for services for homeless children. Materials and equipment purchased with grant funds are properly identified and inventoried. d. Program Activities. The Homeless Coordinator shall design program activities to meet the greatest need as determined by the District and homeless service providers. e. Documentation. The Homeless Coordinator shall document the number of homeless children and youth receiving services. f. Student Records. The Homeless Coordinator shall ensure that any record ordinarily kept related to students, including immunization or medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, are be maintained so that the records of a homeless child are available, in a timely fashion, when the child enters a new school or school district and in a manner consistent with the Federal Education Rights and Privacy Act. 2. Enrollment and Placement of Homeless Children: The enrollment and placement of homeless children shall be in compliance with federal and state law. a. Enrollment. A homeless child shall be immediately enrolled even if the child is unable to produce records normally required for enrollment. Lack of previous school records, immunization and medical records, birth certificate, or other documentation from the previous school will not delay the enrollment of a homeless child or youth. Guardianship issues, uniform or dress code requirements, and residency requirements will not be obstacles to delay or deny enrollment. The District may nonetheless require the parent or guardian of the homeless child to submit contact information. b. Obtaining Records. The District shall immediately contact the school last attended by the homeless child to obtain relevant academic and other records. If the homeless child needs to obtain immunizations or medical records, the District shall immediately refer the parent or guardian of the homeless child to the Homeless Coordinator, who shall assist in obtaining necessary immunizations or medical records. c. Placement. Placement decisions for a homeless child shall be made according to the District’s determination of the child’s best interests. i. The placement shall be at either: 1. The child’s “school of origin,” which is the school that the child attended when permanently housed or the school in which the child was last enrolled; or 2. The school of the attendance area in which the child is actually living. ii. If placed in the school of origin, the placement shall continue for the duration of the child’s homelessness. If the child becomes permanently housed (no longer homeless) during the school year the placement in the school of origin will be continued for the remainder of that school year. iii. To the extent feasible the placement shall be in the school of origin except when such is contrary to the wishes of the homeless child’s parent or legal guardian. If the placement is not in the school of origin or a school requested by the homeless child’s parent or legal guardian, the District shall provide a written explanation of the placement decision and a statement of appeal rights to the parent or guardian. iv. If the homeless child is an unaccompanied youth, the Homeless Coordinator shall assist in the placement decision, consider the views of the unaccompanied youth, and provide the unaccompanied youth with notice of the right to appeal. v. The grade placement for the homeless child will be the appropriate grade level as determined by the building principal or designee using the same procedures that are used for placing non-homeless children attending that school.3. Educational Services and Stigmatization or Segregation: It is the District’s policy that homeless children not be stigmatized or segregated on the basis of their status as homeless. Homeless children will be provided the same free, appropriate public education as other students. Homeless students will be provided services comparable to services offered to other students in the school in which the homeless child has been placed, including the following: transportation services, educational services for which the student meets the eligibility criteria, such as services provided under Title I, educational programs for children with disabilities, and educational programs for students with limited English proficiency, programs in vocational and technical education, programs for gifted and talented students, and school nutrition programs.4. Transportation: Transportation will be provided to homeless students to the extent required by law. a. Comparable Service. Transportation will be provided to a homeless student comparable to that provided to students who are not homeless. b. School of Origin. When the homeless student attends the school of origin, transportation will be provided to and from the school of origin upon request of the parent or guardian of the homeless child, or upon request of the Homeless Coordinator in the case of an unaccompanied youth. If the homeless child relocates out of the District but continues to be enrolled in this School District based on it being the school of origin, this School District will negotiate with the school district in which the child is residing to develop a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. If agreement is not reached, the responsibility and cost for transportation shall be shared equally. c. Eliminate Barriers. Transportation will be provided when necessary to eliminate barriers to school enrollment and the retention of students experiencing homelessness. 5. Dispute Resolution. The process to resolve disputes concerning the enrollment or placement of a homeless child is as follows: a. The homeless child and the parent, guardian or other person having legal or actual charge or control of the homeless child shall be referred to the Homeless Coordinator. The Homeless Coordinator shall carry out the dispute resolution process as expeditiously as possible after receiving notice of the dispute. The dispute resolution process is as follows: i. The homeless child and parent/guardian will submit a written dispute statement to the Homeless Coordinator. The District’s Dispute Resolution Form shall be used if such is available. ii. When it is determined that additional information would be helpful, the Homeless Coordinator will schedule a meeting within 10 days, or such time as practicable, at which the homeless child and parent/guardian will be given the opportunity to provide information in support of their position. iii. The Homeless Coordinator will contact school officials and others as determined appropriate to obtain information to corroborate the information provided in support of the positions of the homeless child and parent/guardian and the District. iv. The Homeless Coordinator will provide a written response and explanation of a decision regarding the dispute within 30 calendar days after receiving the dispute statement. v. The written response and explanation of the decision will include a notice of the right appeal using the appeal process provided for in Nebraska Department of Education Rules 19. b. In the event of an enrollment dispute, the homeless child’s placement shall be at the school in which enrollment is sought pending resolution of the dispute in accordance with the dispute resolution process. In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute. Legal Reference: Neb. Rev. Stat. § 79-215 Nebraska Department of Education Rule 19 McKinney-Vento Homeless Assistance Act, 42 USC §§11431, et seq. Date of Adoption: ____Sept , 2007 HOMELESS STUDENT ENROLLMENT INFORMATION & PLACEMENT REQUESTChild’s Name: ______Birth Date:______Grade_____ (Last Name) (First Name) (M.I.)Parent/Guardian Name______Unaccompanied Youth______(Last Name) (First Name) (M.I.) (Last Name) (“Yes” or “No”) Current Address ______Telephone Number:______(If phone # not available, phone number of someone who can be contacted and their relationship, if any).Information provided on this form is confidential. 1. Homeless Status a. Do you live in any of these following situations? ____ sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (example: evicted from home, cannot afford housing, etc.) ____ in a motel, hotel, campground or similar setting due to lack of alternative adequate accommodations ____ in emergency or transitional shelters such as domestic violence or homeless shelters or transitional housing shelter or agency ____ have a primary nighttime residence that is a place not designed for or ordinarily used as a regular sleeping accommodation for humans ____ in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings ____ None of the above. b. How long do you anticipate living in current location? ______2. School Most Recently Attended School: ______(School Name) (City) (State) Dates of Attendance:______to ______Grade level when last attended: _____3. Eligible for any of these educational and school related activities and services? □ Special Education (IDEA) If yes, please identify disability and special education services previously provided :______□ English Language Learners (ELL) □ Gifted □ Vocational Education □ Other______4. Possible Barriers to Education □ No Birth Certificate □ No immunizations or other medical records □ No School Records □ Transportation □ School Selection □ Other issues/barriers______5. Requested Services and Activities to be Provided by Homeless Student Program □ Obtaining or transferring records necessary for enrollment □ Emergency assistance related to school attendance □ Expedited evaluations □ Transportation □ Clothing to meet a school requirement □ School supplies □ Early childhood program □ Tutoring or other instructional support □ Before/after-school, mentoring, summer programs □ Referrals for medical, dental, or other health services □ Referral to other programs/services □ Assistance with participation in school programs □ Parent education related to rights/resources □ Coordination between schools and agencies □ Counseling □ Addressing needs related to domestic violence □ Staff professional development/awareness □ Other ______6. Placement a. School placement requested by parent/guardian or unaccompanied youth: ______b. Reason(s) for Request: ______c. Name of “School of Origin”______(School of Origin means the school that the child attended when permanently housed or the school in which the child was last enrolled). Enrollment Date______Has student been withdrawn?______If so, what was the withdraw date?______d. Distance from: i. Residence to the school of origin (miles): ______ii. Residence to the school requested (if not school of origin): ____________Parent or Guardian or Unaccompanied Youth’s signature DateChildren living in homeless situations have certain rights under the McKinney-Vento Homeless Assistance Act under No Child Left Behind. Please contact the Homeless Coordinator with any questions. WRITTEN NOTIFICATION OF ENROLLMENT/PLACEMENT DECISION FOR HOMELESS STUDENTChild’s Name: ______In compliance with the McKinney-Vento Homeless Assistance Act, the following written notification is provided to: Parent/Guardian ______Unaccompanied Youth______( Name) (Name)After reviewing your request to enroll the child, the determinations are as follows:Homeless student program eligibility: ______Child qualifies under the homeless student program. ______Child qualifies under the homeless student program. This determination was based upon: ______Placement (if enrolled under the homeless student program) was made based on best interest of the student. The placement will be at: ______( Name) Explanation for this determination (if not school of origin or the choice of parent/guardian or unaccompanied youth, give detail): ______If you are not satisfied with the determinations, you have the right to use the dispute resolution process. Contact the Homeless Coordinator and complete a Dispute Resolution Form. Notices:  The student has the right to be immediately admitted in the school in which enrollment is sought pending resolution of the dispute.  You may contact the state coordinator: Roger Reikofski, Education Specialist & Homeless Education / NCLB Programs Nebraska Department of Education Telephone: 402-471-2968 Email: Facsimile:402-471-0117  You may seek the assistance of advocates or attorneys. ______Administrator DateWritten Notification Form was given to parent/guardian or unaccompanied youth on ______(Date) DISPUTE RESOLUTION FORMThis form should be completed when a dispute arises over school enrollment/placement. Child’s Name: ______Person completing form:______( Name) (Relation to Student) I may be contacted at (address/phone/e-mail): ______I wish to dispute the following decision: ______The decision I am disputing was wrong because (give detailed information in support of your position and use an attachment if necessary): ______Persons who have information to support my position (include contact information): ______I request that the following action be taken on this dispute: ______Parent or Guardian or Unaccompanied Youth’s signature Date------For School Use------Date received by Homeless Coordinator ______------Determination of Homeless Coordinator------In compliance with the McKinney-Vento Homeless Assistance Act, the following written notification is provided to: Parent/Guardian ______Unaccompanied Youth______( Name) (Name) After reviewing the information relevant to your dispute my determination is follows: ______Explanation for this determination: ______Notice of Right to Appeal: If you are not satisfied with the determination on this dispute, you have the right to appeal as provided for in Nebraska Department of Education Rule 19. The appeal is to be filed with the Commissioner of Education within 30 calendar days of receipt of this decision. For information about an appeal you may contact the state coordinator:Roger Reikofski, Education Specialist & Homeless Education / NCLB Programs Nebraska Department of Education Telephone: 402-471-2968 Email: [email protected] Facsimile: 402-471-0117 ______Administrator DateThe Determination of the Homeless Coordinator on this dispute was given to parent/guardian or unaccompanied youth on ______(Date). 605 PUPIL PROGRESS 605.1 Progress Reports of StudentsIn the high school and junior high school, grade estimates are to be sent home at midterm, or as needed, of each quarter, and report cards are to be sent home at the end of each quarter.In grades K-12, conferences are to be scheduled twice a year. Conferences shall be scheduled so they fall in the middle of a quarter in each semester. Each teacher is encouraged to invite parents for other conferences whenever he/she or the parent feel such a conference might be in the best interest of the student.The purpose of the school reports should be: a. To inform parents of the progress made by their children. b. To bring parents into closer understanding of the work of the school. c. To record for pupils their success or achievement. d. To help pupils evaluate their own progress. e. To help the student, parents, and teachers work cooperatively for improvement.605.2 Testing ProgramA testing program shall be maintained to reflect student progress. Achievement test scores may be discussed with parents when they request such a discussion or when the teacher feels it is in the best interest of the student.Staff members will not report the I.Q. to the parents unless authorized by the superintendent or principal.605.3 PromotionIn the elementary school the promotion and/or retention of a child shall be determined by the teacher with the approval of the superintendent/principal.The parent should be notified in advance of this possibility by so indication on the report card, or by a conference with the parents. If there is too much parental objection, the child may be advanced without promotion to the next grade under probationary provisions. In the high school a student will be promoted in accordance with the number of credit hours earned. 605.4 Graduation RequirementsThe Pleasanton Public Schools shall require at least 250 credit hours for graduation, of which at least 80% shall be from the core curriculum as provided in NDE Rule 10.Core Curriculum: The term means a curriculum that includes Language Arts, Social Science, Science, Mathematics, Vocational Education, Foreign Language, Visual and Performing Arts, and Personal Health and Physical Fitness. In order to graduate from Pleasanton High School the student shall have received passing grades in the following core areas: Language Arts--40 semester hours of English (Speech may under special conditions be substituted for 10 hours of English) Mathematics--20 semester hours (30 starting 2012 - 2013) Social Science-- 40 semester hours (10 hours of American History, American Government, World History, and Geography must be earned) Science--20 semester hours (30 starting 2012 - 2013) Visual and Performing Arts--10 semester hours Fitness and Health--10 semester hours (5 hours of Health)The school does not advocate correspondence courses. Whenever local courses are available they should be taken, however, any academic course not offered by the school may be taken by correspondence, A+, OdysseyWare and/or NovaNet and if completed satisfactorily, tuition will be paid by the local district.Credit Hour: The term means credit awarded for the successful completion of the work required in one instructional unit. The number of credit hours given for a course may be less than the number of instructional units and may be increased up to twenty-five percent. (Example: Credit given for a course of eight instructional units could range from 0-10 (8 x 1.25) credit hours. NDE Rule 10Semesters: Eight semesters of high school attendance is required, however, if application is made for exception to this rule, cases will be considered individually by the administration and Board of Education if it may appear to cause a hardship for the individual.Graduation Ceremonies: Students not meeting the minimum graduation requirements will not be allowed to participate in graduation ceremonies. Students who have been designated Special Education and have met the requirements of their individual program will be granted a diploma with the approval of the administration and Board of Education. All special grading procedures and course work will be noted on each student's transcript.605.4a High School Credit for Junior High Courses High school credit may be awarded to students in a middle grades course if the course content and requirements are equivalent to a course offered in the high school.605.5 Permanent RecordsStudent records shall be kept in accordance with State/Federal law. NDE Rule 10State law provides for access to a student's records by the student, the student's parents or guardian, teachers, counselors, and school administrators. The statute denies access to all other persons and forbids the release of any information kept in school, except to authorized persons, including certain state and federal officials. In addition, the statute requires that academic and non-academic records be kept separate (or at least separable) and that non-academic records can be destroyed upon the student's graduation or within three years after the student terminates attendance.605.6 School System Performance; Evaluation and Improvement Policy It shall be the policy of the Pleasanton Public Schools, District 10-015 to provide to the residents of the district the following information:1. The results of the standardized norm-referenced assessment instrument used by the district in such grades s it has been administered in grades 4-6, grades 7-9, and grades10-12 respectively. 2. The results of such criterion-referenced assessment instruments are used by the district to show acquisition of competencies in reading, writing, and mathematics and any such other criterion-referenced assessment instruments as the district may from time to time elect to use. 3. A report pertaining to the school district including but not limited to student performance, school system demographics, and financial information. 4. The results of periodic follow-up studies of the graduates of the district indicating such information as the Superintendent of Schools, subject to approval by the Board of Education, may deem appropriate. 5. A report on the results of the district's written plan for assessing learning climate of the district through such school and community surveys as may be from time to time carried out by the district showing areas of satisfaction and dissatisfaction of the patrons, students and staff of the district.The district shall report the information referred to in this policy by way of publication in a newspaper of general circulation in the school district, by newsletter, or such other reasonable means as the board may deem reasonably calculated to notify the residents of the district of such information. Nothing herein shall be construed to require that all such information be simultaneously published or that each item of information herein above referred to be published in the same manner.A summary of materials available for public review shall be maintained in the office of the superintendent for review upon reasonable request by any resident of the district.Nothing herein shall be construed to vest in any resident of the district or any other person any access to information which would violate any applicable state or federal law pertaining to personally identifiable data of any student of the district or which would in any manner violate the rights of privacy of any person. 92 N.A.C. 10 - .004.02E (1)605.7 Policy On Reports Involving Fewer Than 10 StudentsIt shall further be the policy of this district that any report pertaining to standardized norm- referenced assessment instruments, criterion-referenced assessment instruments, criterion-referenced assessment instruments, any written reports pertaining to student performance, school system demographics, and financial information or any follow-up studies done by the district shall not be required by this policy to be published in the event that the district has fewer than ten students in any grade to which any such report pertains. 92 N.A.C. 10 - .004.02E (1)605.8 School Patron SurveyIt shall be the policy of the Pleasanton Public Schools District # 10-0105 to survey school patrons to determine areas of satisfaction and dissatisfaction. Such survey instrument may be developed by the Superintendent of Schools and shall be approved by the Board of Education for issuance to the school patrons or, if the Board so chooses, to the community as a whole. The Board may, in addition to developing its own survey instruments, retain such other consultants or other personnel as the Board deems appropriate to conduct such surveys as shall be issued under this policy and to compile the results and report the results as set forth in the School System Performance; Evaluation and Improvement Policy. 92 N.A.C.605.9 Post-Graduate Follow-Up It shall be the policy of the Pleasanton Public School District # 10-0105 to conduct a follow up of its graduates at least every three years. Such procedures for follow up shall be approved by the Board after recommendations for carrying out such a plan have been presented to the Board by the superintendent of Schools and, guidance counselor. If the school district does not have a Superintendent, the Board may designate such other personnel as it deems appropriate including but not limited to the principal, County Superintendent, or any independent contractors or other personnel with training in the area of education. 92 N.A.C. 10-.00402E (5)605.10 Annual ReportIt shall be the policy of the Pleasanton Public School District #10-105 to annually prepare a written report for publication as set forth in the district's policy pertaining to School System Performance; Evaluation and Improvement Policy. The Board of Education and the Superintendent of Schools, and/or Principal shall issue a report consisting of the following:1. Student performance, including but not limited to the results of student testing by way of a standardized norm-referenced assessment instrument, criterion-referenced assessment instrument, and such other evaluations, whether comparative or criterion oriented in nature, as the Board shall deem appropriate.2. A statement of school system demographics, which may include such things as student distribution by age, grade level, and identification of any population growth, or situations which may have impact on the school district.3. Such financial information the Board deems appropriate such as tax levies, budget totals, cash reserves, total expended on salaries in the aggregate, and funds expended in a given year on equipment and supplies. 92 N.A.C. 10-.004.02E(4)605.11 Standardized Criterion-Referenced Assessment InstrumentIt shall be the policy of the Pleasanton Public School District #10-105 to use the following standardized criterion-referenced assessment instrument or instruments for purposes of determining acquisition of competencies in reading, writing, and mathematics. Such assessments shall begin in grade 5 and shall be re-given in such other grades at such other times as the Superintendent of Schools shall recommend and the Board of Education shall designate.In the event the Superintendent of Schools after consultation as herein referred to recommends to the Board of Education a change as to the standardized criterion-referenced assessment instrument, such recommendation shall be made at the August meeting next preceding the commencement of the school year or at such later time as the Board of Education and Superintendent of Schools may deem appropriate.The results of such standardized criterion-referenced assessment instruments shall be reported in the manner as described in the district's policy pertaining to School System Performance; Evaluation and Improvement Policy. 92 N.A.C. 10- .004.02E(3)605.12 Standardized Norm-Referenced Assessment InstrumentIt shall be the policy of the Pleasanton Public School District No. R-105 to use the following standardized norm-referenced assessment instrument or instruments as follows: For grades 4-6 the Iowa Test of Basic Skills, for grades 7-9 the Iowa Test of Basic Skills and for grades 9-12 the National Educational Development Test.The Superintendent of Schools shall recommend to the Board of Education after consultation with such persons as he deems appropriate including but not limited to the guidance counselor which grades in each of the three groups shall be selected for assessment by standardized norm as referenced assessment instruments set forth herein.In the event the Superintendent of Schools after consultation as herein referred to recommends to the Board of Education a charge as to the standardized norm-referenced assessment instrument, such recommendation shall be made at the August meeting next preceding the commencement to the school year or at such later time as the Board of Education and Superintendent of Schools may deem appropriate. The results of such standardized norm-referenced assessment instruments shall be reported in the manner as prescribed in the district's policy pertaining to School System Performance; Evaluation and Improvement Policy. 92 N.A.C. 10- .004.02E(2) 606.1 Activities - Concussions1. Training.The Superintendent or designee shall make available training approved by the chief medical officer of the State on how to recognize the symptoms of a concussion or brain injury and how to seek proper medical treatment for a concussion or brain injury to all coaches of school athletic teams.2. Education.The Superintendent or designee shall require that concussion and brain injury information be provided on an annual basis to students and the students’ parents or guardians prior to such students initiating practice or competition. The information provided to students and the students’ parents or guardians shall include, but need not be limited to: a. the signs and symptoms of a concussion; b. the risks posed by sustaining a concussion; and c. the actions a student should take in response to sustaining a concussion, including the notification of his or her coaches.3. Response to Concussions. a. Removal. A student who participates on a school athletic team shall be removed from a practice or game when he or she is reasonably suspected of having sustained a concussion or brain injury in such practice or game after observation by a coach or a licensed health care professional who is professionally affiliated with or contracted by the school. b. Return-to-Play. A student who has been removed from a practice or game as a result of being reasonably suspected of having sustained a concussion or brain injury shall not be permitted to participate in any school supervised team athletic activities involving physical exertion, including, but not limited to, practices or games, until the student: (i) has been evaluated by a licensed health care professional, (ii) has received written and signed clearance to resume participation in athletic activities from the licensed health care professional, and (iii) has submitted the written and signed clearance to resume participation in athletic activities to the school accompanied by written permission to resume participation from the student’s parent or guardian. The coach or administration may require that the student’s return to full activities be on a stepwise progression back to full participation, or otherwise establish conditions for return to participation that are more restrictive than those defined by the licensed health care professional if the coach or an administrator reasonably deems such to be appropriate.The signature of an individual who represents that he or she is a licensed health care professional on a written clearance to resume participation that is provided to the school shall be deemed to be conclusive and reliable evidence that the individual who signed the clearance is a licensed health care professional. The school is not required to determine or verify the individual’s qualifications. c. Parent Notification. If a student is reasonably suspected after observation of having sustained a concussion or brain injury and is removed from an athletic activity per the preceding paragraph, the parent or guardian of the student shall be notified by the Superintendent or designee of the date and approximate time of the injury suffered by the student, the signs and symptoms of a concussion or brain injury that were observed, and any actions taken to treat the student. d. Return to Learn. The Superintendent or designee shall develop a return to learn protocol for students who have sustained a concussion. The return to learn protocol shall recognize that students who have sustained a concussion and returned to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered.4. Responsibility of Coaches.Coaches shall comply with this policy and apply their safety and injury prevention training. A coach who fails to do so is subject to disciplinary action, including but not limited to termination of employment. 5. Students and Parents.It is recognized that coaches cannot be aware of every incident in which a student has symptoms of a possible concussion or brain injury. As such, students and their parents have a responsibility to honestly report symptoms of a possible concussion or brain injury to the student’s coaches on a timely basis.Legal Reference: Neb. Rev. Stat. §§ 71-9102 to 71-9106Date of Adoption: March 2014607.1 Return to Learn From CancerThe Superintendent or designee shall make available training approved by the chief medical officer of the State on how to recognize that students who have been treated for pediatric cancer and returned to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff. A 504 team meeting will be held, as appropriate, to develop individual return to learn accommodations and modifications. Adopted: August 2015 608.1 Fire DrillsFire drills shall be conducted at such times and manner as is required by the State Fire Marshal. The frequency of fire drills shall be as follows:  at a sufficient frequency to familiarize occupants with the drill procedure as a matter of routine;  every month in each school building in which the facility is in session;  subject to the exception that a monthly drill may be deferred in months of severe weather, provided that the required number of annual drills is achieved and not less than four are conducted before the drills are deferred; and  one additional drill shall be conducted within the first 30 days of a school year.The manner of conducting fire drills shall be as follows:  emphasis shall be on conducting an orderly evacuation, rather than speed;  under varying conditions and at expected and unexpected times;  participants shall relocate to a predetermined location and remain until recalled or dismissed; and  all emergency and relocation drill alarms shall be soundedCrisis PlansCrisis Plans for emergency responses and directions for tornado, evacuation, lockdown, lockout, shelter in place and fire drill activities have been developed. To be in compliance with the fire code, there are to be nine fire evacuation exercises each school year. Two tornado drills are to be exercised and two lockdown drills practiced each school year. Since many parents may not be at home, all children and faculty will be normally retained at the school building in case of extreme emergency. The school notification system will be activated to inform parents and guardians regarding where children may be picked up at school or at the evacuation site. Legal Reference: Neb. Rev. Stat. §79-706Date of Adoption: August 2015 700 AUXILIARY SERVICES701.1 School Lunch ProgramThe Pleasanton School shall operate a school lunch service in conjunction with the National School Lunch Program.A "Type A'' lunch shall be made available to all students wishing to participate. Students shall also be permitted to bring their lunches from home and to purchase lunchroom beverages and incidental items.701.2 Financial SupportFree and reduced meals shall be provided according to state and federal guidelines.Student and adult prices shall be charged in accordance with the cost to provide meals at a minimal cost to the district.The school district may provide funds for maintaining the lunch program when necessary.701.3 Eligibility for Reduced CostFree and reduced price lunches shall be provided to students whose parents or guardians are eligible for them according to federal and state guidelines.In some cases the school may apply for free or reduced price meals for a student.702.2 Eligibility for Bus ServiceAll students residing within the district and living more than four miles from school are eligible for bus transportation. 79-490At the board's discretion students living closer than four miles may be transported.Non-resident students may be transported with the consent of the board of education. A fee will be charged to cover the cost of this transportation.702.3 Special Education TransportationThe Pleasanton School shall provide transportation expenses for: 1. Special education students forced to leave the district to receive special education services, and 2. A special education student who receives services within the district, but who: a. Is required to attend a building different from that which would otherwise be required, or b. Has a handicapping condition(s), which requires special transportation. 3. As required by law. 702.4 Extra-curricular activities transportationTransportation shall be provided for extra-curricular activities. This transportation shall include, but not limited to: a. Field trips b. Athletics c. Music d. Speech e. Special programs and activities702.5 Summer programIf a summer educational program is provided by the Pleasanton school transportation may be provided.702.6 Transportation InsuranceThe Board of Education shall purchase insurance on its vehicles and drivers in accordance with state law.702.7 Drug and Alcohol Policy for School Bus DriversIt is the Policy of the Pleasanton Public School 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 our in this policy.The Pleasanton School District is required under the provisions of the federal Omnibus Transportation 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 Pleasanton School District is responsible for maintaining appropriate records, and notifying drivers of the requirements and consequences of the program. IMPLEMENTATION DATE: The testing program referred to in this policy shall be implemented on January 1, 1996.Definitions: For the purpose of this policy, the following terms are defined.Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl and isopropyl. Driver - Any person who operates a commercial motor vehicle. This includes full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner- operated contractors.Drug - Includes any of the following controlled substances: marijuana, cocaine, opiates, amphetamines and Phencyclidine (PCP).Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a District's drug testing program who meets the qualifications as listed in 49 CFR 40.3.Regulations - Those regulations promulgated by the Department of Transportation found at 49 CFR part 40, and the regulations promulgated by the Federal Highway Administration found at 49 CFR part 382, as from time to time amended.Safety-Sensitive Function - Includes all on-duty functions performed from the time a driver begins work or is required to be ready to work until he/she is relieved from work and all responsibility for performing work. It includes driving; waiting to be dispatched; inspecting and servicing equipment; supervising, performing or assisting in loading and unloading; repairing or obtaining and waiting for help with a disabled vehicle; performing driver requirements related to accidents; and performing any other work for the district or paid work for any other entity.Substance Abuse Professional - a licensed physician or certified psychologist, social worker, employee assistance professional or certified addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders.Program Coordinator - The Board shall designate the program coordinator to implement the alcohol and drug-testing program of the district within the guidelines of this policy.ALCOHOL AND DRUG PROHIBITIONS: No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol. No driver shall use alcohol while performing safety-sensitive functions. No driver shall perform safety-sensitive functions within four hours after using alcohol. No driver required to take a post-accident test shall use alcohol for eight hours following the accident or until he/she undergoes a post accident alcohol test (whichever comes first.)No driver shall report for duty or remain on duty requiring the performance of safety sensitive function when the driver uses any drug, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely perform the function. No driver shall report for duty, remain n duty or perform a safety- sensitive function if the driver tests positive for drugs. No driver shall refuse to submit to a drug or alcohol test when provided for under this policy or the Regulations.PRE-EMPLOYMENT TESTS: Drug tests shall be conducted in accordance with the Regulations before any bus driver is permitted to perform a safety-sensitive function for the District. Testing for newly hired drivers shall be conducted after the offer of employment but before employment commences. Offers of employment are contingent on this test result. A refusal to submit to drug testing and/or refusal to release information as required by the District shall remove the applicant from employment consideration. Such testing will also be required of any employee transferring into a covered position.POST-ACCIDENT TESTS: Alcohol and drug tests shall be conducted as soon as practicable after an accident on any driver who:1. Was performing safety-sensitive functions with respect to the vehicle, if the accident involved loss of human life; or2. Receives a citation under state or local law for a moving traffic violations arising from a recordable accident. A recordable accident includes: (a) Bodily injury requiring immediate treatment away from the accident scene and (b) Disabling damage to one or more vehicles requiring the vehicle to be towed or transported away from the scene of the accident.Drivers shall make themselves readily available for testing, unless such driver has the need for immediate medical attention.No such driver shall use alcohol for eight hours after the accident, or until after he or she undergoes a post-accident alcohol test, whichever comes first. Alcohol tests must be performed within eight hours following an accident and drug tests within 32 hours. Drivers must follow all post-accident instructions given by the district.Post-accident testing requirements may be fulfilled by properly administered tests conducted by federal, state and/or local law enforcement officials as long as the results of those tests are provided to the District.RANDOM TESTING: Alcohol and drug testing shall be conducted on a random basis at unannounced times throughout the year in accordance with the federal regulations. Tests for alcohol shall be conducted just before, during or just after the performance of safety-sensitive functions. Drivers shall be selected by a scientifically valid random process, and each driver shall have an equal chance of being tested each time selections are made. Random selections shall be spread throughout the year. Drivers who have been told of their random selections shall, from the point of being informed, devote every one of their actions to providing a specimen. Any action that impedes the proper administration of a test shall be considered refusal to test.REASONABLE SUSPICION TESTS: Any qualified supervisor or District administrator who has reasonable suspicion to believe that a bus driver has violated the alcohol or drug prohibitions of the District shall require the driver to submit to reasonable suspicion testing. A qualified supervisor or administrator must be a person who has been properly trained, in accordance with federal regulations, to make a determination that reasonable suspicion exists. This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of drugs. Alcohol testing is authorized for reasonable suspicion only if the required observations are made just before, during or just after the period of the workday when the driver must comply with alcohol prohibitions. An alcohol test may not be conducted by the person who determines reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the District shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after eight hours, and the District will state in the record the reasons for not administering the test.A qualified supervisor of District administrator who makes observations leading to a reasonable suspicion test shall make a written record of his/her observations within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier.RETURN TO DUTY TESTS: An alcohol or drug test shall be conducted when a driver who has violated the District's alcohol or drug prohibition returns to performing safety-sensitive duties.Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function until the return-to-duty test produces a verified result that meets federal and District standards.FOLLOW-UP TESTS: A driver who violates the District's alcohol or drug prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving an alcohol or drug problem shall be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with law. Follow-up alcohol testing shall be conducted just before, during or just after the time when the driver is performing safety-sensitive functions.REFUSAL TO SUBMIT TO TESTS: No driver shall refuse to submit to any of the tests. An employee will be considered to refuse to submit when he/she fails to provide adequate breath or urine for testing when notified of the need to do so, or when he or she engages in conduct that clearly obstructs the testing process. Such refusal will be treated as if the District received a positive test.TESTING PROCEDURES: The District shall follow the federal guidelines and standards of the Department of Health and Human Services and the Department of Transportation regarding testing and laboratory procedures. This shall include a selection of sites with appropriately trained personnel for alcohol and drug testing, selection of a laboratory certified by the Department of Health and Human Services to conduct drug specimen analysis, and selection of a Medical Review Officer to verify laboratory drug test results. The drug and alcohol-testing program of this school district shall provide individual privacy in the collection of specimen samples to the maximum extent possible. The specimen collection procedures and chain of custody shall ensure that specimen security, proper identification and integrity are not compromised.ENFORCEMENT: Employees whose conduct involved alcohol and drug use cannot return to duty in a safety-sensitive function until the return-to-duty test produces the required result. A driver who is tested and found to have an alcohol concentration of 0.02 or greater, but less than 0.04 shall not perform or continue to perform safety-sensitive functions until the start of the driver's next regularly scheduled duty period but not less than 24 hours after the test was administered. Further employment actions up to and including termination may be instigated in accordance with the Drug Free Workplace Act of 1988 (P.L. 101-226), other state and federal laws, and District policy. In the event a driver tests positive for drugs, or has a confirmed alcohol concentration of 0.04 or greater, or violates a prohibited conduct, the District does not guarantee that a position will be held open for the driver in the event that they become requalified.REHABILITATION: The District shall provide for the identification of a Substance Abuse Professional (ASP) for treatment for those employees who have violated the prohibitions of the regulations. This information shall include the names, addresses and telephone numbers of SAPs and counseling and treatment programs. Any rehabilitation or evaluation sought shall be at the expense of the driver.EMPLOYMENT RECORDS: Employee's alcohol and drug test results and records shall be maintained in strict confidentiality and released only in accordance with law. Upon written request, a driver shall receive copies of any records pertaining to his/her use of alcohol or drugs, including any records pertaining to his/her tests. Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver. Test records shall be maintained with the separate medical files of each employee.DISTRICT RECORDS AND REPORTS: The District shall maintain records of its alcohol and drug prevention programs as required by federal law in 49 CFR 382.401.NOTIFICATION: Each driver shall receive educational materials that explain the requirements of the Code of Federal Regulations Title 49, Part 382, together with a copy of the district's policy. The program coordinator shall ensure that all covered employees receive written materials explaining the District's drug and alcohol misuse prevention program requirements including:1. The identity of the program coordinator, a contact person knowledgeable about the materials, policy, administrative regulations and the Omnibus Act;2. The categories of employees covered;3. Sufficient information about the safety-sensitive functions performed by drivers to make clear what period of the work day the driver is required to comply with Part 382;4. Specific information concerning prohibited conduct;5. The circumstances under which employees will be tested;6. Procedures used in the testing process;7. The requirement that a driver submit to alcohol and drug tests administered in accordance with federal law; 8. An explanation of what constitutes a refusal to submit to a drug and/or alcohol test;9. The consequences for drivers found to have violated the drug and alcohol prohibitions of Part 382, including the requirement that the driver be removed immediately from safety- sensitive functions and the procedures for referral, evaluation and treatment;10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater, but less than 0.04; and11. Information on the effects of drug and alcohol misuse on personal life, health and safety in the workplace.Drivers shall also receive information about legal requirements, District policies and disciplinary consequences related to the use of alcohol and drugs.Employees shall sign a statement certifying that they have received the materials.Before any driver operates a commercial motor vehicle, the District shall provide him/her with post- accident testing requirements.Before drug and alcohol tests are performed, the District shall inform drivers that the tests are given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be provided only after the compliance date specified in law.The District shall notify a driver of the results of a pre-employment drug test if the driver requests such results within 60 calendar days of being notified of the disposition of his/her employment application.The District shall notify a driver of the results of random, reasonable suspicion and post-accident drug tests if the test results are verified positive. The district shall also tell the driver which controlled substance(s) were verified as positive.In the event a driver tests positive for a controlled substance, the driver shall have the right to have the split specimen (collected at the same time as the tested specimen) retested provided that the driver provides written notice to the Medical Review Officers (MRO) within 72 hours of being notified of the positive result.NOT A CONTRACT - This policy does not create a contract, either express or implied. The District may change the policy at any time, without notice.703 Safe Pupil Transportation Plan Pleasanton Public School Safe Pupil Transportation PlanThis safe Pupil Transportation Plan sets forth the District’s plan for providing safe transportation to students being transported in pupil transportation vehicles. 1. Weapons- Upon becoming aware of a weapon aboard a pupil transportation vehicle, the driver will make every attempt to: A. Radio transportation dispatch and notify them of the situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. Examples of a safe haven include, but are not limited to, any school building site, emergency service station (law enforcement or fire department), community service agency, etc. B. Pull vehicle over to safe and secure area. C. Confiscate weapon (if it doesn’t jeopardize student or driver safety). D. Give description of weapon and participating parties to dispatch. E. Dispatch will immediately notify appropriate law enforcement agencies and school administration.2. Pupil behavior- Students are expected to follow student conduct rules while in a pupil transportation vehicle. The pupil transportation driver is responsible for controlling behavior which affects safety and for reporting rule violations to school administration. In the event a student’s behavior jeopardizes safety, the driver will make every attempt to:A. First seek to resolve incident through discussion with the student(s) involved. B. Radio transportation dispatch and notify them of situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. C. Activate emergency flashers. D. Bring vehicle to a safe stop. Seek to resolve the incident, using physical force only as necessary to protect students or yourself. E. Report and document discipline problems to the school administrator on a Bus Conduct Report/Incident Form.3. Terrorist threats- A person commits a terroristic threat if the person threatens to commit a crime of violence with the intent to terrorize another or with the intent of causing evacuation of a building, place of assembly or facility of public transportation or in reckless disregard of the risk of causing such terror or evacuation. Upon becoming aware of a terroristic threat relating to a pupil transportation vehicle, the driver will make every attempt to: A. Radio transportation dispatch and notify them of situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. B. Make every attempt to keep passengers calm (this may mean complying with the terrorist). C. Dispatch will immediately notify appropriate law enforcement agencies and school administration. D. Driver should wait for instructions from dispatch if possible.4. Severe weather- Upon becoming aware of severe weather while aboard a pupil transportation vehicle, the driver will make every attempt to:A. Radio transportation dispatch and notify them of situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. B. Return to the school if less than five minutes away and follow the directions of the school administrator. C. If more than five minutes away from school, go to the nearest school and follow the directions of the school administrator. D. If more than five minutes away from the nearest school or there is immediate danger, get to the nearest basement or underground shelter with all students. E. If there is no shelter and there is immediate danger the driver and passengers are to follow evacuation procedures and get everyone off the vehicle into the nearest ditch or culvert at least 100 feet away from the vehicle.5. Hazardous materials-Upon becoming aware of a hazardous material aboard a pupil transportation vehicle, the driver will make every attempt to: A. Radio transportation dispatch and notify them of situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. B. Pull vehicle over to safe and secure area. C. Give description of hazardous materials in question to dispatch. D. Dispatch will immediately notify appropriate law enforcement and school administration. E. Driver should wait for instructions from dispatch if possible.6. Medical emergencies- Upon becoming aware of a medical emergency aboard a pupil transportation vehicle, the driver will make every attempt to:A. Radio transportation dispatch and notify them of situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. B. Dispatch will immediately notify appropriate medical agencies and school administration. C. Driver should follow instructions from dispatch, school officials, and parents when such information can be obtained quickly enough. If not available, follow emergency first aid procedures. D. Only if necessary, the driver should move passengers only enough to get them out of danger of traffic or fire. If moved, the driver and aide are to keep them where placed until a medical agency arrives, unless a parent has taken charge of their child. E. Driver should try to keep student passengers as calm as possible.7. Procedures in the event of mechanical breakdowns of the vehicle- Upon becoming aware of a mechanical breakdown aboard a Pupil transportation vehicle, the driver will make every attempt to:A. Pull vehicle over to safe and secure area if possible B. Radio transportation dispatch and notify them of situation if possible. If not possible, the driver will make every attempt to telephone dispatch from a cellular telephone or from the nearest safe haven location. C. Activate emergency flashers and place warning flares/reflectors in accordance with safety guidelines, if not in secure area. D. Driver should try to keep student passengers as calm as possible. E. Dispatch will arrange for assistance and a relief vehicle if needed.8. Procedures in the event the drop-off location is uncertain or appears unsafe to leave students. In the event the drop-off location is uncertain or appears unsafe to leave students, the driver will make every attempt to: A. Radio transportation or otherwise communicate with dispatch to notify them of the situation if possible. B. Release children only if an adult responsible for the children is present. If not, keep children who are to be released in the vehicle, continue with route, and return children who were to be released to the school. C. Dispatch will notify appropriate law enforcement agencies and school administration if appropriate given the circumstances.9. Documentation under Safe Pupil Transportation Plan. Each pupil transportation driver is required to complete and submit to the school administration a bus conduct report or incident report involving the pupil transportation vehicle operated by the driver or any pupils transported in it. Documentation is to include the occurrence of any of the following events: weapons, student behavior which affects safety, terroristic threats, severe weather, hazardous materials, or medical emergencies. Documentation of such events shall be completed and submitted as soon as practicable after the incident. 10. Transportation of Unsafe Items. Drivers shall not permit pupil transportation vehicles to transport any items, animals, materials, weapons or look-a-like weapons or equipment which in any way would endanger the lives, health or safety of the children or other passengers and the driver. Look-a-like weapons associated with a school sponsored or approved activity may be transported only with written permission of a school administrator. Any items that would break or could produce injury if tossed about inside the pupil transportation vehicle when involved in an accident or sudden stop shall be secured. 11. Supplemental Information. A copy of this plan shall be placed in each pupil transportation vehicle, kept at each school building, and made available upon request. Supplemental information with respect to operational and procedural guidelines used to administer this plan can be found in the District’s safety and security plan adopted pursuant to 92 NAC10 and in the Nebraska Department of Education Pupil Transportation Guide. 800 BUSINESS PROCEDURES801.1 Planning the BudgetThe following are the budget date guidelines to be used by the Pleasanton Public School.July/August Prepare the budgetBy September 5 - Suggested date to publish, post or mail notice of budget hearing with summary of the budget statement, at least five days prior to the hearing. By September 20 - Latest date to adopt the budget, and file with the County Clerk, Auditor of Public Accounts, and State Department of Education.801.2 Preparation of DocumentThe Superintendent shall annually present to the Board of Education a proposed budget for school expenditures for the next fiscal year. The Board shall modify such budget as it deems best at a meeting(s) prior to the annual budget hearing, and shall adopt the budget, amended as necessary, at the advertised budget hearing after the budget has been published as required by law.801.3 Requirements of DocumentThe budget shall contain the following information (as required by law): 1. For the immediate prior fiscal year, the budgeted revenue and expenditures from all sources, separately stated as to source, and for each fund the budgeted unencumbered cash balance of such fund at the beginning of each fiscal year. 2. For the current fiscal year, the budgeted revenue and expenditures, from all sources, separately stated as to each such source, and for each fund the budgeted unencumbered cash balance of such fund at the beginning of the year. Such statement shall contain the cash reserve for each such fund for each fiscal year. Such cash reserve projections shall be based upon actual experience of prior years. The cash reserve shall not exceed fifty per cent of the total budget adopted for such fund, exclusive of capital outlay items. 3. For the immediate ensuing fiscal year, an estimate of revenue from all sources, other that revenue to be received from taxation, and separately stated as to each such source, to be allocated to each of the several funds, and for each fund actual or estimated unencumbered cash balances, whichever is applicable to be available at the beginning of the year, amounts proposed to be expended during the year plus the amount of cash reserve, based on actual experience of prior years, which cash reserve shall not exceed fifty per cent of the total budget adopted exclusive outlay items.801.4 Publication of the BudgetThe proposed publication date of the budget shall be at least five days before the budget hearing as required by law.801.5 Public Review of the BudgetThe budget shall be formally reviewed at the Budget Hearing.Informal review of the budget is available at the Superintendent's office within five days of the Budget Hearing or anytime there after.801.6 Budget Adoption by the Board After a hearing, the proposed budget statement shall be adopted, or amended and adopted as amended, and a written record shall be kept of such hearing. The amount to be reviewed from taxation shall be certified to the levying board after the proposed budget statement is adopted, or is amended and adopted as amended. If the adopted budget statement reflects a change from that shown in the published proposed budget statement, a summary of such changes shall be published within twenty days after its adoption in the manner provided in this section, but without provision for a hearing, setting forth the items changed and the reasons for such changes.801.7 Budget as a Spending PlanThe Board of Education places the responsibility for administering the operating budget, once adopted, with the Superintendent. In order to allow the superintendent to administer and control the budget in an effective and efficient manner, the following guidelines shall be used:1. All actions of the Superintendent of delegated employees of the district in executing the programs and/or activities as set forth in the adopted operating budget, are authorized to implement all such programs and/or activities, subject, however, to continuous review by the Board, and further limited to other provisions set forth by the Board of Education.2. All purchases will be conducted using a process of written or computer generated purchase orders to be authorized by the superintendent or his/her designee. Authorization consists of the superintendent or his/her designee's signature upon the purchase order.3. Listings of expenditures for supplies, materials, and services, are listed monthly for approval as claims by the Board of Education.4. Some local vendors authorize open charge accounts with the school district. Purchases from these vendors of less than $50 will not require written purchase orders. Authorization for these purchases must be received by the employee in advance from the superintendent of his/her designee. Purchases of these types must be documented by a sales receipt signed by the employee and forwarded to the superintendent.5. No employee of the district may obligate district funds for any purchase or service without prior approval by the superintendent of his/her designee. Failure to gain prior approval for purchases or services will result in the employee being held personally liable for the dollar amount of the purchase or service plus any interest accrued.801.8 Inactive Account FundsThe Pleasanton Board of Education may have accounts other than those provided in the yearly budget as allowed by law. These accounts may include, but not limited to: a. Building Fund Account b. Unemployment Account c. Sinking Fund d. Bus or Transportation Account e. Bonded Indebtedness Fund f. Activity Account g. Lunch Account h. Special Accounts approved by the Board for school organizations. (Band, Athletic, Speech, etc.)801.9 Financial Accounting SystemThe accounting system used shall conform with the requirements of the State Department of Education and with good accounting practices, providing for the appropriate separation of accounts, funds and special monies.In addition to regular audits performed by the State Auditors office and by state and federal officials in relationship to specialized projects of this district, the books and accounts of the district shall be audited by an independent certified public accountant in conformance with prescribed standards and legal requirements. The certified public accountant shall be selected by the Board of Education and shall perform the audit annually at the close of each fiscal year, or after August 31st.The audit when completed shall be presented to the Board.It shall be the policy of this Board that the books and financial records shall be completely open to all parties with cause for review and examination. 802 INCOME802.1 Local, State, and FederalLocal tax revenues are in the form of a levy in taxable property in each school district. When a local school board determines its revenue needs, it certifies the amount to the levying authority in each of the counties in which the district is located. The county levying authorities then tax the appropriate taxable property for the school district. 23-925State Revenues: The Constitution of Nebraska specifies that proceeds and income from certain public lands and public property shall be used for common purposes. These include state proceeds from land sales or lease, in sections sixteen and thirty-six in each township, and proceeds of land or property obtained by the state through escheat or forfeiture. Neb. Const., 79-1,332; 79-1,333; 79- 4,160Allocation of the funds under the School Foundation and Equalization Act is made according to formulas that consider the following factors: (1) Increase in average daily membership over previous year, (2) The level of each pupil in school, (3) Minimum required levels of local taxation, (4) Per pupil amounts available for the education of pupils in each of various grade levels, (5) Population density, (6) Availability of programs for gifted and deprived children, (7) Education level of the faculty, and (8) Availability of summer school programs. When there is inadequate money appropriated to carry out these forms of aid, a proportionate reduction is made in the amount paid to each district subject to certain exceptions. 791,333.01; 79-1,334 through 79-1,337; 79-1,342 to 79-1,344.Federal Funds: The federal government provides financial aid in an attempt to alleviate various kinds of educational problems. The school shall attempt to receive funds for the various programs for which it qualifies.802.2 Tuition Fees: The Pleasanton Board of Education shall set the non-resident fees of children attending the Pleasanton School on an annual basis.802.3 Educational Material FeeThe administration and/or the Board of Education may set fees for certain classes if the need should arise. 802.4 Use of School PropertySchool facilities are primarily intended for the District’s educational and extracurricular activity programs. School facilities are, however, made available for use by outside groups to further the interests of the District and the community. Use by non-school groups is allowed pursuant to an application process and is subject to the terms and conditions set forth in this policy.1. Application for Use. Outside groups that wish to use school facilities must submit a completed Application for Use form signed by a representative of the outside group who has authority to commit the outside group to the terms and conditions of the Application. The outside group, as Applicant, shall specify the nature of the intended use, the dates and times of the requested use, and the facilities for which use is requested. The form shall be developed by the administration. The form shall include the statement that: This application is subject to the terms of the Board’s “Community Use of School Facilities” policy. The terms and conditions of that policy are incorporated into this application by this reference. Applicant accepts all such terms and conditions. 2. Acceptance of Application for Use.Acceptance or rejection of applications shall be the responsibility of the Superintendent or the Superintendent’s designee. Applications shall not be rejected for any unlawful reason, including unlawful discrimination on the basis of race, national origin, gender, religion, disability, age, marital status, or veteran status, and including the applicant’s legally protected exercise of constitutional or statutory rights. The District’s facilities are designated as nonpublic forums. Accordingly, applications shall not be accepted for: a. Uses that may conflict with or that disrupt the District’s educational or extracurricular activity programs. b. Uses inconsistent with the mission of the District. c. Uses that present an unacceptable risk that the conditions of use set forth in this policy will not be adhered to; either due to the nature of the requested use or the character of the group or individuals within the group. d. Uses that present an unacceptable risk of damage or unacceptable wear and tear to facilities or equipment. e. Uses for outside commercial activities except with approval of the Board; and except for camps and other activities for high school students subject to and consistent with Bylaws of the Nebraska School Activities Association. f. Uses that involves gambling or games of chance. g. Uses that involves a group or activity which advocates or condones the violent overthrow of the Constitution or of the government. h. Uses that involve the meetings of secret clubs not open to members of the public. i. Non-community type uses such as wedding receptions, slumber parties, personal use and similar activities.Applications for use of facilities may be denied based on unsuitability of the date or time of the requested use. Facilities will generally not be available for community use at times when school staff is not available to monitor the Applicant’s use, such as on legal holidays; before 7:00 a.m.; after 10:00 p.m. and Sunday mornings prior to Noon. Leases of school facilities require approval of the Board. As such, Applications that request long- term use of facilities in the nature of a lease will be denied. Applications may be denied based on the determination of the Superintendent or the Superintendent’s designee that the Applicant does not have the financial ability or financial responsibility to pay fees or expenses or to reimburse the District for any damages that may be sustained to facilities or equipment or any liability that may be created by the use.When an Application conflicts with another Application, the Applications will be accepted according to the following priority order: a. Events or activities that are designed to service students of the District or which are related to any function of the District, including approved school-community associations and school-affiliated non-profit groups. b. Tax-supported agencies such as educational entities or units of city, county or state government. c. Nonprofit community agencies such as private educational agencies. d. Groups where the majority of the members reside within the District.For use conflicts within each group, priority will be given to the first to submit their Application; provided that the Superintendent or the Superintendent’s designee may approve an Application that is not first-filed if the other Applicant’s use could be feasibly changed to a non-conflicting time or area.Applications that are accepted may not be assigned or transferred to another outside group.Applications that are accepted are subject to cancellation by the Superintendent or the Superintendent’s designee. Cancellation will occur in the event the administration reasonably determines: a. Any of the reasons for non-acceptance of an application exist. b. The Applicant fails to meet any term or condition required prior to the use. This includes but is not limited to failure of the Applicant to pay required fees or deposits or failure to show evidence that any required insurance is in place. c. Circumstances make the use unsuitable. This includes but is not limited to: i. The condition of the facilities being unsafe. For example, the presence of snow, ice, fallen limbs or other potential hazards that the school would not otherwise clear prior to the activity or event. The Applicant may request that the District clear the hazards such that it may proceed with its activity or event. If the District agrees to do so, the Applicant shall be responsible for all costs incurred by the District in clearing the hazard. ii. School staff being unavailable to monitor the use or to provide set-up or clean-up services where the District has accepted responsibility for such. iii. The need to use the facilities for a school activity or purpose. Generally, if school is closed on the date of the Applicant’s intended use due to inclement weather or hazardous conditions, the Applicant’s use will be cancelled.The Applicant shall remain responsible for fees or expenses, and any deposit that has been received by the District shall be forfeited and be kept by the District, if cancellation occurs because of the fault of the Applicant. Otherwise, the District will return any deposit that has been received by the District. The District will in no event be responsible for any damages, expenses, or losses incurred by the Applicant or any person arising from the cancellation.An Applicant may withdraw its Application at any time prior to acceptance. An accepted application may be withdrawn by the Applicant, subject to approval of the Superintendent or the Superintendent’s designee. Approval is subject to the conditions that the Applicant has given reasonable advance notice (ordinarily, at least 48 hours) and that the Applicant reimburses the District for any expense the District has incurred.3. Conditions of Use.The conditions for use are as follows: a. Compliance. Applicant agrees to: i. Comply with all local, state and federal laws, including health and fire codes. ii. Comply with Board policies concerning non-discrimination and the use of school facilities. iii. Comply with reasonable administrative rules related to use of facilities and the requests of school officials related to the Applicant’s use of the facility. b. Disclaim School Sponsorship. The District does not sponsor or endorse the Applicant or the activity or event conducted by the Applicant. To ensure that the public understands this fact, the Applicant agrees to not make any statements suggesting such sponsorship and to publish statements of non-school sponsorship in such form and manner as the administration may request. c. Supervision. Applicant agrees to provide appropriate supervision of the activity or event in all respects, including supervision reasonably necessary to ensure that no person participating in or attending the activity or event: i. Is presented with conditions that pose an unreasonable risk of personal injury or damage to personal property. ii. Enters any area of the school facilities that the Applicant has not been given permission to use, or accesses any school records. iii. Engages in the use of tobacco, alcohol, or illegal drugs, or is under the influence of alcohol or illegal drugs. iv. Possesses a firearm or a weapon. v. Engages in disorderly, lewd, or lascivious conduct. vi. Engages in any criminal behavior.Applicant shall remove any person from the activity or event who engages in any of the above listed conduct. Applicant agrees to report to the school administration by the close of the next business day the identity of any person who engaged in any of the above listed conduct and the details of the conduct. If the offending person is a student, the report shall be made immediately.In the event the school administration determines that the nature of the activity or event warrants the presence of security services, Applicant agrees to provide such security services. Applicant agrees to ensure that all persons attending its activity or event are off school grounds at the end of its time of permitted use, except for students or school staff who are authorized to remain for a school-related purpose. d. Condition of Premises. Applicant agrees to: i. Conduct a reasonable inspection of the premises prior to the activity or event to ensure that the premises are safe for the intended use. In the event of any unsafe condition, Applicant shall notify an administrator. In the event the unsafe condition is not corrected prior to the activity or event, the Applicant shall postpone or cancel the activity or event. ii. Not use or allow any school equipment to be used without express approval of school administration. iii. Not bring or allow others to bring food or beverages on to school grounds without express approval of school administration. iv. Not bring or allow others to bring or use any flammable items (including candles or incense) or any volatile chemical or any explosive. v. Not use any electrical equipment that has been brought onto the premises without express approval of school administration. vi. Not allow the wearing of street shoes or shoes with black soles on gym floors or other protected surfaces. vii. Not park or allow others to park in fire lanes or reserved spaces or in any manner inconsistent with the school’s parking rules. viii. Not cause or allow others to cause damage to school facilities or equipment. 1. In the event damages are sustained, Applicant accepts responsibility for reimbursing the District for the cost of repair or replacement. 2. Applicant agrees that the school administration’s determination that damage was sustained in connection with the Applicant’s use, and of the cost of repair or replacement, is controlling. 3. Applicant shall immediately report to the school administration any damage to school facilities or equipment that occurs during the Applicant’s use of school facilities that may present a risk of injury to students or any subsequent users. Any other damage shall be reported by the close of the next business day. ix. Return the facilities in as good a condition as it was prior to use. This includes, without limitation, cleaning, removal of trash, and returning tables and chairs and other school property to their proper location. The clean up shall be promptly completed. In the event the District provides the clean-up service, Applicant agrees to reimburse the District for the cost of such clean up. x. Remove any property brought in by the Applicant and by any person attending the activity or event. The District is not responsible for any personal property that is left on the premises. e. Financial Responsibility. Applicant agrees to: i. Procure, at its own expense, a Comprehensive General Liability insurance policy naming the District as an additional insured. This policy shall be written with a minimum of $1,000,000 Combined Single Limit per occurrence. A Certificate of Insurance evidencing coverage must be submitted prior to the Applicant’s use. ii. The insurance requirement is subject to waiver by the Superintendent or the Superintendent’s designee only in circumstances where the intended use presents very little potential for injury or damage and the activity or event is designed to serve the District’s students or staff. iii. Indemnify and hold the District, the Board, school employees and agents of the District harmless from any and all claims, demands, causes of action, or lawsuits for any death or personal injury or damage to property sustained during, caused by or arising out of the Applicant’s use of school facilities. 4. Fees for Use.The Superintendent or Superintendent’s designee shall establish a daily use fee schedule that establishes rates for specific parts of the school facilities (that is, kitchen, auditorium, gymnasium, athletic field, classrooms, meeting rooms). The rates shall be reviewed on a periodic basis; with the review to occur no less than every two years.The fee rates shall be in an amount sufficient to cover estimated staff time and direct costs associated with: a. Processing. Cost of processing the Application, postage, invoicing and coordination of the use. b. Access. Cost of providing access; such as unlocking doors before use and locking after use, turning lights on and off, and disarming/re-arming security systems. c. Custodial. Cost of providing custodial or maintenance services to prepare the facility for the use and for clean up after the use. d. Kitchen. Cost of providing access to the kitchen facilities; as ordinarily any permitted use of the kitchen will require the presence of a member of the school’s food service staff. e. Special Equipment. Cost of making special equipment available such as sound and lighting set-up; as ordinarily any permitted use of special equipment will require the presence of a member of the school’s staff who is familiar with proper use of the equipment. f. Monitoring. Cost of administrative or other professional staff to monitor the Applicant’s use to ensure compliance with the terms and conditions of the permitted use. g. Security. Cost of providing security services when determined to be needed for the activity or event.The fee schedule shall be applied evenly to all Applicants, with two exceptions: a. A different fee may be assessed where the Superintendent or Superintendent’s designee reasonably determines that the Applicant’s use will require staff time or cause direct costs different than those used in establishing the fee schedule. b. A fee waiver or reduced fee rate shall be given for use where the activity or event is designed to serve students of the District or children; such as approved school- community associations and school-affiliated non-profit groups and summertime sports leagues, sports camps, etc., that are subject to NSAA regulations. 5. Use Consistent with NSAA Bylaws.Use of school facilities for activities that are subject to the Bylaws of the Nebraska School Activities Association (NSAA) shall be permitted subject to and in accordance with the NSAA Bylaws. Such use shall be consistent with this policy for non-school groups. Examples of acceptable use of school facilities for activities are: a. Summer Leagues. There must be evidence that the organization or individual conducting the league has rented or leased the facility (for example, via an Application for Use) to prove the school is not involved in its sponsorship or funding. b. Commercial Sport Camps/Clinics. School facilities for use by individuals, including the District’s own coaches or other organizations for commercial camps/clinics or schools. Camps conducted by high school coaches shall be publicized as open to all area individuals wishing to attend and not limited to students from the coach’s high school. c. All-Star competition that involves graduated seniors. d. Competitive meets and contests sponsored by non-school groups. e. Facilities approved under the above stipulations include: gymnasiums, tracks, swimming pools, tennis courts, athletic playing fields, and baseball and softball diamonds.Date of Adoption: __July__, 2008802.5 Sale of BondsThe Board of Education may issue bonds for the following purposes: 1. Retiring registered warrants, 2. Acquiring sites for schools or teacherages, 3. Acquiring schools or teacherages, 4. Building, adding to, or repairing schools or teacherages, and 5. Furnishing schools or teacherages.Bond issues must be submitted to voters in a state primary or general election and must be approved by a majority of voting electors. There are publishing and notice requirements. If a bond issue is defeated it may not be resubmitted for six months.Technical requirements of bond sales are specified by law.802.6 InvestmentsThe school district shall invest any excess funds in the local bank, or other institution approved by the board, at the highest rate of interest and terms possible.802.7 Gifts, Grants, and BequestsThe Pleasanton School shall accept gifts, grants, and bequests with the approval of the Board of Education.802.8 Depository of FundsEach school board shall deposit its funds in one or more banks located within its district that the school board designates as its official depository or depositories. No deposits of school funds may be made in a bank in excess of the amount insured by the Federal Deposit Insurance Corporation, unless the bank provides sufficient security described in statue. Deposits in more than one bank must be prorated on the basis of paid-up capital stock. All deposits shall be subject to payment on check when demanded by the school district. 803 Expenditures803.1 Purchasing PolicyThe Superintendent of Schools shall have supervision of school purchasing and shall be authorized to issue purchase orders on his/her own authority in accordance with the previously adopted budget of the Board of Education for the fiscal year.The Superintendent shall be authorized to maintain a miscellaneous fund account for the purpose of facilitating refunds, for payment of freight, payment of advance registrations, and the making of minor purchases. This shall be a revolving fund, which shall be itemized and reimbursed monthly from the general fund of the school district.803.2 RequisitionsAll requests for purchases shall be made through the Superintendent or his/her designee. Requests for purchases shall be made on the purchase order forms provided by the school or on computer generated purchase orders.803.3 Purchase OrdersAll purchases will be conducted using a process of written purchase orders to be authorized by the superintendent or his/her designee. Authorization consists of the superintendent's or his/her designee's signature upon the purchase order.Failure by an employee to use duly authorized purchase orders will result in either cancellation of the purchase or if that proves impossible, the employee being held personally liable for the dollar amount of the purchase.Some local vendors authorize open charge accounts with the school district. Purchases from these vendors may be authorized by the superintendent. Purchases of these types must be documented by a sales receipt signed by the employee and forwarded to the superintendents upon completion of the purchase.803.4 Receiving SuppliesWhen supplies are received the superintendent or his/her designee shall check the supplies against the packing slip and the purchase order and make note of any missing or damaged supplies.803.5 Approval and PaymentAll bills shall be submitted to the Board of Education at a monthly or special meeting for their approval. Only after the approval of the bills by the Board of Education will bills be paid from the general fund. 803.6 Unpaid WarrantsA school board may issue warrants to cover unforeseen shortages of revenue or unforeseen emergency expenditures. There must be a public hearing with required notice by publication in a newspaper of general circulation. Warrants shall be paid the next fiscal year from taxes levied therefore.803.7 Payroll PeriodsThe payroll period for the Pleasanton School shall be on the 15th (fifteenth) of each month starting in September of each year.803.8 Payroll DeductionsSchool districts shall deduct the appropriate amounts for Social Security from the wages of its employees when paid. All monies thus collected shall be paid into the Contribution Fund of the State of Nebraska.Any teacher or administrator employed by a school district who voluntarily participates in a professional or labor organization may authorize the withholding from his/her wages of an amount to be paid to the professional or labor organization. The school district shall make such deductions each month or pay period and pay the amount deducted to such professional or labor organization. The school district may charge an amount not to exceed the actual cost incurred by the school district for making such deductions.803.9 Travel AllowanceTravel allowance may be paid in accordance with guidelines established by the Board of Education. 804 Reports804.1 Secretary's Monthly ReportThe board shall receive monthly financial statements showing the financial condition of the school district as of the last day of the preceding month. Such other financial records as may be determined necessary by the Board or administration shall be presented periodically.The accounting system used shall conform with the requirements of the State Department of Education and with good accounting practices, providing for the appropriate separation of accounts, funds, and special monies.804.2 Treasurer's Annual ReportThe treasurer's annual report shall be given annually at the budget hearing. The report shall show the estimated expenditures and receipts for the preceding school year, and the estimated cash on hand.804.3 AuditsIn addition to regular audits performed by the State Auditors office and by state and federal officials in relationship to specialized projects of this district, the books and accounts of the district shall be audited by an independent certified public accountant in conformance with prescribed standards and legal requirements. The certified public accountant shall be selected by the Board and shall perform the audit annually at the close of each fiscal year. 805 Records805.1 Board of Education RecordsAll records of the Board of Education shall be kept in the school office, and are open to the public.805.2 Personnel RecordsThe privacy of and access to teacher records kept by the school district are covered by state law. The statute provides access to personal files for any full-time employee of a public school district. The statute also provides an employee the right to authorize others to have access and to respond in writing to any item in the their file. (Access and response rights do not apply to letters of recommendation solicited by the employer.)No other person, except other school officials performing personnel functions, can have access to the personal files of employees and no contents of such files can be divulged to unauthorized persons.805.21 Social Security Numbers Employee social security numbers shall be kept confidential to the extent required by law. Use of use more than the last four digits of an employee’s social security number shall be made by the District only for:1. Legal Mandates. Compliance with state or federal laws, rules, or regulations. 2. Internal Administration. Internal administrative purposes, including provision of employee social security numbers to third parties for such purposes as administration of personnel benefits and employment screening and staffing. However, the internal administrative uses shall not permit use of employee social security numbers: a. As an identification number for occupational licensing. b. As an identification number for drug-testing purposes except when required by state or federal law. c. As an identification number for District meetings. d. In files with unrestricted access within the District. e. In files accessible by any temporary employee unless the temporary employee is bonded or insured under a blanket corporate surety bond or equivalent commercial insurance. f. For posting any type of District information. 3. Voluntary Transactions. Commercial transactions freely and voluntarily entered into by the employee with the District for the purchase of goods or services.The District will not use or require an employee to use more than the last four digits of an employee’s social security number District for:1. Public Posting or Display. Any public posting or display available to the general public or to an employee’s coworkers. 2. Internet Transmission. Transmission over the Internet unless the connection is secure or the information is encrypted. 3. Internet Access. To access an Internet web site unless a password, unique personal identification number, or other authentication device is also required to access the Internet web site. 4. Identifier. As an employee number for any type of employment- related activity.Full implementation of this Policy shall occur by September 1, 2008.Legal Reference: Laws 2007, LB 674 5 USCS § 552a (note) (Privacy Act of 1974)Date of Adoption: ___Sept. , 2007805.3 Student RecordsState law provides for access to a student's records by the student, the student's parent or guardian, teachers, counselors, and school administrators. The statute denies access to all other persons and forbids the release of any information kept in school, except to authorized persons, including certain state and federal officials. In addition, the statute requires that academic and nonacademic records be kept separate (or at least separable) and that nonacademic records can be destroyed upon the student's graduation or within three years after the student terminates attendance.805.4 BondsThe school district shall provide a suitable bond for all employees who are routinely in contact with funds or who are responsible for the accumulation and/or dissemination of monies of the school district.The designated treasurer of this district shall within ten days after his/her appointment or election execute to the county and file with the secretary a bond of not less than $500 or in any instance nor more that double the amount of money to come into his/her hands as treasurer at any one time.805.5 Inventory RecordsThe Superintendent of schools through the use of appropriate staff, shall be responsible for maintaining an accurate inventory of materials and equipment in the school system.805.6 Records Management and Disposition 1. General Standard. Records should generally be organized, managed, retained and disposed of in accordance with law and the Secretary of State’s schedules for retention and disposition of public records. 2. Records Officer. The Superintendent is hereby designated as the records officer of the school district for purposes of this policy. Any questions about the type or category of a record or the required retention period for it should be addressed to the records officer.3. Electronic Messages. Electronic messages are communications using an electronic system for the conduct of school district business internally, between other state and local government agencies, and with parents, students, patrons and others in the outside world. These messages may be in the form of e-mail, electronic document exchange (electronic fax), and electronic data interchange (EDI). In this policy, the terms electronic messages and e-mail are used, depending on the context, to mean the same thing. The school district’s electronic system in which records are collected, organized, and categorized to facilitate preservation, retrieval, use, and disposition is as follows: a. End-User Management. End-user means anyone who creates or receives electronic messages on the school district’s electronic system. Electronic messages are to be managed at the end-user’s desktop rather than from a central point. Each end-user is responsible for organizing, managing and disposing of records that are part of his or her desktop computer. b. Categories for Retention. Electronic messages fall within three categories: (1) transitory messages; (2) records with a less than permanent retention period; and (3) records with a permanent retention period. End-users are to organize, store, retain and dispose of electronic messages according to these three categories. This means determining which electronic messages require long-term retention, determining who is responsible for making this decision, and establishing storage and disposition requirements for electronic messages. i. Transitory messages. Transitory messages include copies posted to several persons and casual and routine communications similar to telephone conversations. For example, as determined on an individual case-by-case basis by the end-user, transitory messages include certain embryonic materials, notes or drafts; unwanted and unneeded “junk” mail; “personal” mail for employees not related to school business; unsolicited sectarian, religious, partisan, political or commercial messages, or political advertising or advertisements promoting particular personal or religious beliefs, a specific ballot question, or controversial topics or positions. There is no retention requirement for transitory messages. Employees sending or receiving such communications may delete them immediately without obtaining approval. ii. Less than permanent retention records. These records are governed by the retention period for equivalent hard copy records as specified in the approved records retention and disposition schedules. These records should be converted to hard copy (printed) or an electronic format which can be retrieved and interpreted (downloaded) for the legal retention period. Employees creating or receiving such communications may delete or destroy the records only according to the applicable retention schedule. Questions relating to the retention or destruction of these records should be referred to the records officer. iii. Permanent/archival retention records. These are records scheduled for transfer to the Nebraska State Historical Society (NSHS). Decisions relating to such records should be made by the records officer in consultation with NSHS, and the State Records Administrator about either transferring the records or maintaining them in the agency of origin. If the transfer decision is made, the method, frequency and format of the transfer should be determined cooperatively by the records officer, the NSHS, and the State Records Administrator. c. Electronic Storage Limitations. The district’s computer systems have storage limitations. E-mails are deleted by the computer system within 60 to 90 days to avoid operational problems. End-users are instructed that electronic messages that are required to be maintained past that time period should be converted to hard copy (printed) or an electronic format which can be retrieved and interpreted (downloaded) for the legal retention period. The retention period for the particular record is the best indicator of which storage medium or format to choose. d. Proper Use of Electronic Messages. i. Non-Discrimination. Electronic messaging is not permitted to be used to promote discrimination on the basis of race, color, national origin, age, marital status, sex, political affiliation, religion, disability or sexual preference; promote sexual harassment; or to promote personal, political, or religious business or beliefs. ii. Permissible Use. Electronic messaging is to be used only for purposes that are consistent with the mission of the school district. Electronic messaging is not permitted to be used for personal purposes except for: incidental, intermittent or occasional use which does not interfere with performance of duties as determined by the administration, use that is authorized pursuant to an individual use agreement, and use that represents a form of the employee’s compensation. Electronic messaging is not permitted to be used for personal financial gain or for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question. Electronic messaging is not permitted to be used for purposes of assisting a non-profit organization except when and to the extent such use serves a school purpose or facilitates school district business. iii. Conduct. Employees shall not read electronic messages received by another employee when there is no school purpose for doing so, send electronic messages under another employee’s name without the employee’s consent or administrative authorization, or change or alter any portion of a previously sent electronic message without administrative authorization. iv. Other Regulations. Electronic messaging is subject to all requirements of the school district’s “Acceptable Use of Computers, Network, Internet and Websites” policy and may be monitored and accessed at any time without prior notice. The school district has complete authority to regulate all electronic messaging. Electronic messaging is a privilege and not a property right and is not a public forum. Electronic messaging 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. 4. Electronic RecordsAll books, papers, documents, reports, and records kept by the District may be retained as electronic records. Minutes of the meetings of the school board may be kept as an electronic record.5. Litigation Holds When litigation against the District or its employees is filed or threatened, the District will take all reasonable action to preserve all documents and records that pertain to the issue. Such action will in particular be taken when the litigation may be filed in federal court or otherwise subject to federal rules of discovery.As soon as the District is made aware of pending or threatened litigation, a litigation hold directive will be issued by the records officer or designee. The directive will be given to all persons suspected of having records that may pertain to the litigation issue.The litigation hold directive overrides any records retention schedule that may otherwise call for the disposition or destruction of the records until the litigation hold has been lifted. E-mail and computer accounts of separated employees that have been placed on a litigation hold will be maintained by the records officer until the hold is released. Employees who receive notice of a litigation hold are to preserve all records that pertain to the litigation issue. This includes preserving electronic messages that would otherwise be deleted by the computer system; such messages are to be converted by the recipients of the litigation hold to hard copy (printed) or electronic format which can be retrieved and interpreted (downloaded) for the duration of the litigation hold. No employee who has been notified of a litigation hold may alter or delete an electronic or other record that falls within the scope of the hold. Violation of the litigation hold may subject the employee to disciplinary actions, up to and including dismissal, as well as personal liability for civil and/or criminal sanctions by the courts or law enforcement agencies.6. Settlement AgreementsA public written or electronic record of all settled claims shall be maintained. The record for all such claims settled in the amount of fifty thousand dollars or more (or one percent of the total annual budget of the School District, whichever is less) shall include a written executed settlement agreement. The settlement agreement shall contain a brief description of the claim, the party or parties released under the settlement, and the amount of the financial compensation, if any, paid by or to the School District or on its behalf. Any such settlement agreement shall be included as an agenda item on the next regularly scheduled public meeting of the School Board for informational purposes or for approval if required.Any such settled claim or settlement agreement shall be a public record. Nonetheless, specific portions of the record may be withheld from the public to the extent permitted or provided by statute. The foregoing does not apply to claims made in connection with insured or self-insured health insurance contracts.Legal Reference: Neb. Rev. Stat. '' 84-712 through 84-712.09 Neb. Rev. Stat. '' 84-1201 to 84-1227 Laws 2010, LB 742 State Records Administrator Guidelines: Schedule 10: Records of Local School Districts (Feb. 1989) Schedule 24: Local Agencies General Records (March 2005) Electronic Imaging Guidelines (March 2003)Date of Adoption: August 2015 805.7 NCLB It is the policy of the District to comply with the NCLB and federal grant programs in which the District participates. 1. Authority to Sign Applications. The Superintendent is authorized to sign applications for any of the NCLB formula grants on behalf of the District and may delegate such authority to other administrators in the Superintendent’s discretion. The Superintendent shall submit such applications as determined appropriate so long as acceptance of the funds does not include conditions contrary to the policies of the Board of Education. 2. Supplement not Supplant. Federal funds shall be used to supplement, not supplant the amount of funds or services available from non-federal sources, in compliance with the requirements of federal law. NCLB funds shall not be used to provide services otherwise required by law to be made available. 3. Equitable Allocation. Federal funds shall be used in a manner to ensure equitable allocation of resources. Staff are to be assigned and curriculum materials and instructional supplies are to be distributed to the schools in such a way that equivalence of personnel and materials is ensured among the schools in compliance with the requirements of federal law.4. Maintenance of Effort. The District shall maintain fiscal effort related to NCLB programs in compliance with the requirements of federal law. 5. Resources. The procurement of resources related to the NCLB programs, including contracts and purchase or service agreements for such program, shall be in accordance with the District’s written procedures for purchasing and contracting. Purchase orders and invoices shall indicate an appropriate record of expenditures. All equipment purchased with federal funds, including those used in nonpublic and other facilities, shall be appropriately identified, inventoried, and when no longer useful to the program, properly disposed. Resources such as staff, materials and equipment funded by Title I shall be used only for children participating in the program.6. Maintenance of Records. Records of all federal financial and program information shall be kept for a minimum of 5 years after the start date of the project.7. Identification of Eligible Children. The Superintendent and the designees shall implement an appropriate process to identify children eligible for services provided under federal programs.8. Coordination of Services. Title I services shall be coordinated and integrated with the regular classroom, with other agencies providing services and with other federal, state and local programs.9. Standards and Expectations. Students receiving services in Title I are held to the same standards and expectations as all other students. 10. Assessments. Students receiving services in Title I are assessed with the regular population without accommodations. 11. Other Requirements. The Superintendent shall take or cause other staff to take such action as required by law for the District to maintain compliance with NCLB and specific NCLB grant programs in which the District participates. Legal Reference: NCLB Date of Adoption: July, 2011805.8 Contracting for ServicesContractual services which by their nature are not adapted to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of professional skill, where the ability or fitness of the individual plays an important part, are not subject to bid but are subject to approval by the Board of Education in conformity with established policy.Every contract for services to be provided to Pleasanton Public School shall require that the contractor use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Such requirement shall be deemed to be included and a part of the terms of every contract for services with the School District, including but not limited to oral contracts. 806 Insurance806.1 Insurance ProgramThe Board of Education shall purchase insurance coverage against all major exposures that might result in loss to the District including, but not limited to the following: a. Fire, extended coverage and vandalism coverage. b. General liability insurance. c. Auto and bus insurance. d. Catastrophe insurance. e. Workman's compensation insurance. f. Errors and omissions insurance. g. Unemployment h. Boiler insurance i. Medical insurance806.2 Periodic ReviewInsurance coverage of the Pleasanton Public School shall be reviewed by the Board on an annual basis. 900 Building and Sites901.1 School Facilities SurveysSurveys of the school shall be conducted at the discretion of the Board of Education.Whenever any public school district in the state expends public funds for the construction, remodeling, or repair of any school-owned building or site improvements, the Board of Education shall advertise for bids in the regular manner established by the Board and accept or reject bids pursuant to state law, except that nothing in this section shall be held to apply to such construction, remodeling, repair, or site improvements when the contemplated expenditure for the completed expenditure for the completed project does not exceed forty thousand dollars or amount set by state law.901.1a Procedures—Bidding Construction Projects The District shall bid every project for the construction, remodeling, or repair of any school-owned building or for site improvements when the contemplated expenditures for the project is in excess of $100,000.00, or such sum as adjusted pursuant to §73-106. The bidding procedures shall comply with the requirements of state law and shall include the following:1. Notice to Bidders: The Administration shall prepare a notice to bidders containing a general description of the scope of the project being bid; the location of the project; the means of obtaining project documents, including plans and specifications; the date and hour bids will close; and the date, hour and place bids are to be returned, received and opened, and a provision that such bids will be immediately and simultaneously opened in the presence of the bidders or representatives of the bidders, when the hour is reached for the bids to close. 2. Regular Manner of Advertisement for Bids: The notice to bidders shall be published one time in a newspaper of general circulation in the School District. The notice shall be published at least seven (7) days prior to the date designated for the opening of such bids. The Board of Education or Administration may, in its sole discretion, elect to utilize further advertisement for bids as it may determine appropriate to secure a sufficient number of qualified bidders for the scope of the project. 3. Bid Opening: When the hour is reached for such bids to close, bids will be immediately and simultaneously opened in the presence of the bidders or representatives of the bidders.4. Contract Award: The contract shall be awarded to the lowest responsible bidder as to the extent required by law. When not so required, the award shall be made on the basis of consideration of the contract award criteria determined appropriate by the Board or administration.5. Performance and Payment Bonds. Whenever any contract is entered into for the erecting, furnishing, or repairing of any building or other public structure or improvement, the contractor shall be required, before commencing such work, to furnish a performance, labor and material payment bond. The bond requirement shall not apply, however, to any project bid or proposed which has a total cost of $10,000 or less unless the School Board or Administration includes a bond requirement in the specifications for the project. The bond shall be in an amount not less than the contract price. The bond shall be conditioned on the faithful performance of the contract and the payment by the contracting party of all laborers and mechanics for labor that is performed and of all material and equipment rental that is actually used or rented in connection with the improvement project and the performance of the contract. Such bond shall contain such provisions as are required by statutes, and be in a form prescribed and required by the district. 6. Retention of an Architect or Engineer. The School District shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect, professional engineer, or those under the direct supervision of an architect or professional engineer; provided that such requirement shall not apply to any public work in which the contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), as adjusted from time to time by § 81-3445 or other applicable law. 7. Additional Procedures. Each bid for which a labor and material bond is required shall be accompanied by a bid bond or certified check in the amount of five percent (5%) of such bid unless the School Board or Administration waives such requirement. The Board of Education or Administration may provide for additional procedures for the procurement, opening and acceptance of bids as deemed appropriate for a particular project.Legal Reference: Neb. Rev. Stat. ' 52-118; Neb. Rev. Stat. ' 73-101 et seq.; Neb. Rev. Stat. ' 73- 106; Neb. Rev. Stat. ' 81-3445Date of Adoption: [August 2015]901.2 Site SpecificationsFor any building construction or remodeling all specifications shall be considered by the Board of Education for approval.901.3 Site AcquisitionA school district may acquire, own, manage, and hold title to real estate for future school sites which at the time of such purchasing or acquiring, is outside such school district in a territory not more than three miles beyond the limits of such district but contiguous thereto.901.4 Selection of an ArchitectThe selection of an architect shall be at the discretion of the Board of Education.901.5 Educational Specs for Building901.6 Preliminary Building Specs 901.7 Final Building Specifications901.8 FinancingWhenever it shall be deemed necessary 1. To erect a schoolhouse or school building, or an addition or additions and improvements to any existing schoolhouse, or 2. To purchase equipment for such school house or school buildings, in any school district in this state the Board of Education may, and upon petition of not less than one-forth of the legal voters of said school district shall, submit to the people of said school district at the next general election or special election a proposition to vote a special annual tax for that purpose, not to exceed seventeen and five-tenths cents (as set by state statute) on each hundred dollars upon the taxable value of all the taxable property in such district for a term of not to exceed ten years. 902 Maintenance and Operation902.1 Maintenance ScheduleSchool maintenance is an on-going project and will be completed as needed and as funds are available.902.2 Requests for ImprovementsRequests for improvements shall be reviewed from the different departments within the school on an annual basis. The administration and board will decide on the improvements to be undertaken. If improvements can be made within the budget, the superintendent may decide which improvements to complete.902.3 Emergency RepairsEmergency repairs that fall within the budgeted expenditures shall be handled by the superintendent. Other large expenditures for emergency purposes shall be decided by the Board of Education.902.4 Use of Contract ServicesContracted services used by the district shall fall within the budgeted items in the annual budget. Contracts made on an emergency basis shall be decided by the Board of Education.902.5 Obsolete EquipmentSome old and unusable equipment may be disposed of by the superintendent, if he/she deems it to be beyond repair.No school property of any kind may be sold by the Board of Education except at a regular meeting, and then not without an affirmative recorded vote of at least two-thirds of all the members of the board. Proceeds of the sale may be held separately from other funds of the school district and may be used for any school purpose as the Board of Education may determine.902.6 InventoryThe Superintendent of schools through use of appropriate staff, shall be responsible for maintaining an accurate inventory of materials and equipment in the school system. 902.7 Safety CommitteeAccidents are undesirable, unplanned occurrences that can be prevented and which often result in bodily harm, loss of school time, property damage, expensive legal action, and even death. Thus, it shall be the policy of the Pleasanton Public School District #10-0105 to take every reasonable precaution for the safety of the students, employees, visitors and all others having business with the school district. The Board of Education and this system's administrative staff believe that safety education and accident prevention are important to everyone concerned with our schools; not only as a protective measure during school hours, but also as an instructional means of developing an appropriate mode of behavior to minimize accidents at all times. In keeping with that objective and in compliance with applicable laws and regulations, we will provide for loss control program designated to apply a systematic approach to preventing on-the-job injuries and illness. Cooperation by all employees is expected in our effort to make our schools a safe place to work and learn.Buffalo County School District No. 10-0105 is an employer that has one or more employees not subject to collective bargaining. The district shall establish a safety committee consisting of 3 members through a collective bargaining process with those employees who are within a bargaining unit and shall give due regard to including employees who are not being negotiated for by a collective bargaining agent in the process of selecting a safety committee. The safety committee shall consist of three members. There shall be one member representing the employer and a like number representing the employees. The employer's representatives may be non-management employees. 1000 School-Community Relations1001 Public Communication1001.1 Board-Community RelationsThe Pleasanton Board of Education recognizes the importance of strong school-community relations in administering the school.The Board is mindful that they are directly accountable to the people of the district through the elective process. But the board also believes that accountability is a shared responsibility involving students, teachers and staff, the Superintendent of schools, and the people themselves as well as the Board of Education.The Board should hold itself accountable for maintaining a vigorous stand, concern for, and constructive criticism of the school; for electing the most able men and women available to represent them on the Board of Education; and for providing the resources necessary for the Board and staff to accomplish the publicly endorsed goals and objectives of the school district.1001.2 Releases to News Media-Internal School NewsInternal school news shall be released to the news media through the Superintendent/Principal, or sponsor of an organization with approval of the administration.1001.3 Releases to News Media-Board MattersReleases of Board matters to the news media will be through the President of the Board of Education, or through the Superintendent with board approval.1001.4 Duplicated or Printed MaterialsInformation of the Board of Education shall be printed or duplicated only with the permission of the Board of Education.1001.5 Board ProceedingsAll proceedings of the Board of Education are open to the public except those specified in law.All proceedings of the Board shall be published, or shall be open to public inspection in the school office.1001.6 Crisis Response PlanPurpose Our plan exists to provide direction, support, coordination and communication to the students, staff, and community following a sudden death or other tragic event involving a student or staff member of our district. It must be remembered that each crisis is different and must be treated accordingly. The plan is to be regarded as a guideline for action.Synopsis of Crisis Response Plan 1. By having a crisis response plan, the school is prepared to assist the student body, staff, and community. 2. A Crisis Response Team, directed by the school counselor, will implement the plan. 3. School will be as normal as possible. No large group assemblies will be called. 4. Staff members will be kept informed, and will be asked to be honest and accurate with students. 5. Resource people will be called upon to meet individuals or small groups.Response Procedures 1. Following the crisis event, information funneled by the administration to the Crisis Response Team. The administration and Crisis Team gathers as much information as possible by speaking with the authorities, i.e. police, family, clergy, and friends. In the event of an attempted suicide or other crisis that did not result in death, a crisis team meeting will be called to discuss concerns and staff notification. 2. As soon as information is gathered, a statement that contains as many facts as available is prepared. The statement will be utilized in a calling tree of all staff members and may be used in communicating with students and the community. Any questions from, or communications with, the media will be handled by the superintendent. 3. The Crisis Response Team will meet to plan any needed activities and services to the students, staff, and community. Possible tasks of the team meeting could be: a. Counselors or crisis team members from other schools may be asked to participate. b. Opening the school after hours or during the weekend may be necessary for students and parents to talk to crisis team members or counselors. c. Classroom activities and discussions may be organized to assist students dealing with grief. d. Assisting staff members with grief reaction may include time to discuss the crisis of the hiring of substitutes. e. Preparing a statement to be read to students by staff members at the beginning of first period, not over the intercom. f. Taking care of personal property owned by the deceased. g. Organizing phone calls to parents of students who are particularly upset or at risk. h. A letter from the school to be sent home notifying parents of the crisis events with information regarding ways to assist their children. i. The availability of handouts to parents and teachers to deal with grief. j. Assess the impact of the crisis on district students and staff members as well as neighboring districts. If necessary, communication with other districts affected by the tragedy will be made. k. A Crisis Response Center will be identified where students, staff, or parents can talk to counselors or Crisis Team Members. 4. A staff meeting will be held thirty minutes prior to the beginning of the school day. A statement will be read by all teachers in all first hour classes, not over the intercom. No school assemblies will be held. In the event the crisis occurs during the school day, the staff will be informed by Crisis Team Members and asked to read a prepared statement before their classes that day. All members of the building staff need to be in attendance, including the school secretary, custodians, cooks, and aides.Staff Crisis Meeting Agenda a. Allow staff members to express their reaction to the crisis. b. Provide a prepared statement for staff members. c. Explain how to relate accurate information to students. d. Generate a list of at-risk students. e. Schedule the day's events. f. Impress upon staff members the importance of expressing feelings. g. Provide handouts on grief reaction and ways to assist students.At the end of the day, a staff meeting will be called by the Crisis Team Leader. The purpose of the meeting will be to assess students at risk and review student needs that will impact the next day's schedule. Staff members unable to attend the meeting will need to contact the team leader.5. No student will be allowed to leave school during the school day unless accompanied by a parent. In extreme cases, a student may not be able to cope with the tragedy within the school setting. 6. Throughout the day, crisis counselors will contact parents of at-risk students as deemed necessary or appropriate. 7. The Crisis Team will meet at the end of the first day to assess student needs for the following day. The team will also evaluate the implementation of the Crisis Response Team. 8. Students and staff members may be given directions about what is appropriate as a memorial. There is a fine line between dramatizing a death, and doing something that allows students and staff members to express a sense of loss, channeling their feelings. It is important to remember the emotional well-being of the survivors. To keep control of the grief, there are several things that must not be done. a. Do not fly the school flag at half-staff. b. Do not have a moment of silence in an all-school assembly or at the beginning of the day. c. Do no have a memorial service at school during school hours. d. Do not have an "In Memorial" page in the school yearbook or "In Memorial of...." on property within the building.These things tend to glorify the death. We need to ask, "Will this alleviate the pain?" or "Will this compound the pain?"Suggested memorials include: a. Outdoor plantings. b. Park benches. c. Blood drive. d. Letters of remembrance to the parents and family. e. Poetry f. Funds to support prevention and educational activities such as scholarships.Memorials plaques should not be attached to memorials. A list of memorials will be kept in the office.9. Within a week following the event, staff, parents, and community crisis team members will be given the opportunity to evaluate the crisis response plan. The team will then meet to review the evaluations and comments, and decide what changes or modifications are needed in the plan.1001.7 Non-Discrimination PolicyIt is the intent of Pleasanton Public School District 10-0105, Buffalo County, Nebraska, to comply with both the letter and spirit of the law in making certain that discrimination does not exist in its policies, regulations and operations. Therefore, it is the policy of the Board of Education for the Pleasanton Public School, District 10-0105, Buffalo County, Nebraska:1. To comply with the Equal Pay Act of 1963 as amended; Title VI, as amended by the Equal Employment Opportunity Act of 1972, and Title VII of the Civil Rights Act of 1964 as amended, the Age Discrimination in Employment Act of 1967 as amended; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973 as amended; American With Disabilities Act of 1990 and the Nebraska Fair Employment Practices Act to the end that the Pleasanton Public School District 10-0105, Buffalo County, Nebraska, shall not discriminate on the basis of sex, age, race, color, national origin, religion, handicap or disability in its employment policies and practices, and in the educational programs or activities which it operates.2. To assure itself that all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to its students or employees in connection with its educational programs or activities are not discriminating on the basis of sex, age, race, color, national origin, religion, handicap or disability against these students or employees.3. To make no transfer or other conveyance of title to any real or personal property which was purchased or improved with the aid of Federal financial assistance covered by this assurance, and which is to continue to be used for an educational program or activity and where the Federal share of the fair market value of such property has not been refunded or otherwise properly accounted for to the Federal government, without securing from the transferee an assurance of compliance with nondiscrimination requirements.4. That all men and women are to be treated fairly and equally with dignity and respect. Any form of sexual harassment as defined below is contrary to this policy and shall be regarded as discrimination on the basis of sex. Appropriate corrective or disciplinary action will be taken against any employee exhibiting such behavior. It shall be considered a violation of this policy for any employee of the Pleasanton Public School District 10-0105, Buffalo County, Nebraska, to engage in sexual harassment or for any supervisory personnel within the Pleasanton Public School to knowingly permit sexual harassment of any employee or recipient of this agency's services. For the purpose of this policy, sexual harassment shall be defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when: A. Submission to such conduct is made either explicitly or implicitly a term of an individual's employment or a condition to receipt of services by a recipient of the agency's services;B. Submission to or rejection of such conduct by an individual is used as the basis for employment or agency decisions affecting an employee or recipient of the agency's services; or C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or the receipt of services by a recipient of the agency's services, of creating an intimidating, hostile or offensive environment.Any employee who believes that he or she has been the subject of sexual harassment is encouraged to report the alleged incident immediately to the Superintendent of the Pleasanton Public School District 10-0105, Buffalo County, Nebraska. It shall be a violation of school district policy to harass another sexually, to permit the sexual harassment of an employee by a non-employee, or to harass or permit the harassment of a student sexually. Sexual harassment may take many forms, including, but not limited to:1. Verbal harassment or abuse 2. Subtle pressure or requests for sexual activity 3. Unnecessary touching of an individual, e.g. patting, pinching, hugging, repeated brushing against another person's body. 4. Requesting or demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or student's status. 5. Requesting or demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or student's status.The school district can be held responsible for acts of sexual harassment by supervisors and agents regardless of whether their supervisors knew or should have known of the harassment. The school district can be held responsible for acts of sexual harassment between co-workers when supervisors knew or should have known of the misconduct. The school district can also be held responsible for sexual harassment of teachers or employees by non-employees when supervisors or agents knew of should have known of the misconduct and failed to take immediate and appropriate corrective action.Supervisors must be especially alert to actions which may constitute sexual misconduct, whether such actions are complained of or not. Such misconduct and allegations of sexual harassment shall be fully investigated and corrective or disciplinary action, up to and including dismissal from employment, taken as warranted. Specific complaints of alleged discrimination that is prohibited by this policy should be referred to the superintendent of Pleasanton Public District 10-0105, Buffalo County, Nebraska.1001.8 Tobacco PolicyThe use of tobacco products is prohibited in all school buildings and all school vehicles. Smoking shall also be prohibited in any area where school staff, students or members of the public may be present or may be affected by smoke, including without limitation the stands and bleachers of outdoor athletic fields and near the entry of school buildings. For purposes of this policy, tobacco means any tobacco product (including but not limited to cigarettes, cigars, and chewing tobacco), vapor products (such as e-cigarettes), alternative nicotine products, tobacco product look-alikes, and products intended to replicate tobacco products either by appearance or effect. 1002 Citizens' Advisory Committees1002.1 Organization DissolutionThe Board of Education shall have the ultimate authority over the dissolution of any advisory committee established by the school.1002.2 Membership AppointmentThe Board of Education shall have the authority to appoint members to any advisory group they deem necessary.1002.3 RecommendationsThe Board of Education shall have the authority to accept or reject any recommendations made to the board by any citizens advisory committee.1002.4 Parent-Teacher AssociationsThe Board, at their discretion, may recognize any parent-teacher organization, or other community support group they desire. They may also withhold support. 1003 School Personnel and the Public1003.1 Participation in the CommunityMembers of the staff shall be encouraged to take an active part in the affairs of the School District.The Superintendent is urged to identify himself/herself personally with many facets of community life, providing opportunities for all citizens, including non-parents, to experience relationships with the school.The principal is encouraged to be an active and leading member of the school community.The teacher, to the degree to which the teacher is known and accepted as a citizen in the community, has a direct relationship with this degree of understanding and goodwill flowing from the community to the school.1003.2 Gifts to School PersonnelGifts if received by school personnel, should be of non-monetary nature. A gift received by school personnel should also be of small monetary value so as not to be mistaken for payment of passing grades, special favors, or for receipt of anything not available to all students.1003.3 ComplaintsAll complaining regarding school personnel should be brought to the attention of the administration.Complaints that are serious, and may cause damage to the professional standing of a staff member should be presented in writing.1003.4 Citizen AssistanceCitizen assistance within the school must be approved by the administration. Many presentations, experiences, and/or help by local citizens have educational value and should be encouraged by the school. 1004 Use of School Facilities1004.1 Community UseThe Pleasanton School may be used by local community members for a fee. As part of the school's service to the community the school may also be used be some service organizations at no charge.Use of the school shall be arranged through the Superintendent or his/her designee.1004.2 Use for Private ProfitThe Board of Education shall discourage the use of the school to individuals or organizations, which gain a profit through its use. However, if the school is used in this manner a fee shall be charged. The fee shall be set by the Board of Education.1004.3 Application for UseApplication to use the school should be made through the superintendent's office. Use of the school shall not interfere with school activities.1004.4 FeesFees for the use of school facilities shall be set by the Board of Education at the beginning of each school year. Fees not set shall be determined as the need arises.1004.5 RegulationsRegulations shall be discussed with the organization using the facilities.1004.6 Sunday UseSunday use of the school facilities is not prohibited.Use of the school facilities for religious services is prohibited.1004.7 Gratuities to PersonnelGratuities to personnel for use of school facilities shall be discouraged. The exception may be gratuities given to kitchen personnel, or custodians that may help with activities, or cleaning.1004.8 SupervisionSupervision by school personnel is not always necessary. Efforts shall be made to supervise during their activities. If this policy should become abused, other arrangements may be made according to the need. 1004.9 Loan of School EquipmentThe school may loan school equipment with the approval of the Superintendent. Damage to school equipment while on loan shall be paid for by those using it. Such persons or groups shall also be liable for any action brought by any person as a result of such use of facilities and equipment. 1005 Activities Involving Students1005.1 Public PerformancesPublic performances by students of the Pleasanton Schools are encouraged. All performances shall be under the direction of a sponsor, and part of the educational program of the school.1005.2 Contests for StudentsPleasanton Public School may compete in all NSAA approved activities. Students eligible to participate in those activities shall be determined according to the eligibility rules established by the NSAA and the Pleasanton Public School.Students may participate in other activities not sponsored by the NSAA with approval of the Superintendent.1005.3 Money Raising ActivitiesMoney raising activities by school personnel or students shall be approved by the administration. All money collected shall be given to the school secretary for deposit, and credited to the organization that raised the funds. All funds collected become school funds, and shall not be expended without the approval of the Superintendent.1005.4 Use of Student CarriersWhenever possible school busses shall be used to transport students to activities. Other transportation may be necessary as situations demand.All transportation of students shall be approved by the administration.Private use of school busses, or use of non-certified bus drivers is prohibited. 1006.1 Service AnimalsIndividuals with a disability shall be permitted to use a service animal on school premises as and to the extent provided by law. 1. Definition of Service Animal A service animal is a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. Other species of animals are not service animals for the purposes of this definition, though miniature horses are in certain circumstances entitled to similar treatment. The work or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks that a service dog may perform to meet this definition include:  Navigation: assisting individuals who are blind or have low vision with navigation and other tasks,  Alerting: alerting individuals who are deaf or hard of hearing to the presence of people or sounds,  Protection: providing non-violent protection or rescue work,  Pulling: pulling a wheelchair,  Seizure: assisting an individual during a seizure,  Allergens: alerting individuals to the presence of allergens,  Retrieving: retrieving items such as medicine or the telephone,  Physical support: providing physical support and assistance with balance and stability to individuals with mobility disabilities, and  Interrupting behaviors: helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. Work or tasks that are excluded from meeting the definition are:  Guard dogs: the crime deterrent effects of an animal’s presence and  Companion dogs: the provision of emotional support, well-being, comfort, or companionship.2. Permit Presence of Service Animals An individual with a disability shall be permitted to be accompanied by his or her service animal in all areas where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. A bona fide trainer of a service animal also has the right to be accompanied by such animal in training. The individual may not be required to pay an extra fee for the service animal to attend events for which a fee is charged. Service animals may be excluded from school premises if: a. The service animal is out of control and the service animal’s handler does not take effective action to control it; b. The service animal is not housebroken; or c. The presence of the service animal poses a direct threat to the health or safety of others. To determine whether a “direct threat” exists, an “individualized assessment” is to be made to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.3. Control of the Service Animal. The service animal must be under the control of its handler. In most cases, the dog must have a harness, leash, or other tether. The service animal does not need to be on a leash, however, if the handler is unable because of a disability to use a leash. A leash is also not required if it would interfere with the service animal’s safe, effective performance of work or tasks. If either of the leash exceptions applies the service animal must be under the handler’s control via voice control, signals, or other effective means.4. Responsibility for Care or Supervision. The school district is not responsible for the care or supervision of the service animal. The individual with the service animal shall be liable for any damage done to the premises or facilities or to any person by such animal.5. Inquiries.When addressing a service animal matter, staff shall not ask about the nature or extent of the person’s disability.Staff may not ask questions about the dog’s qualifications as a service animal when it is readily apparent that the dog is trained to do work or perform tasks for an individual with a disability. Examples include where the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.Where it is not readily apparent that the dog qualifies as a service animal, staff may ask if the dog’s presence is required because of a disability and what work or task the dog has been trained to perform. Staff may not require documentation, such as proof that the dog has been certified, trained, or licensed as a service animal.Legal Reference: Americans with Disabilities Act of 1990 (ADA), 28 CFR §28.104 and §35.136; Section 504 of the Rehabilitation Act of 1973 (Section 504); and Neb. Rev. Stat. §§20-126.01 and 20-127Date of Adoption: July, 2011

100 Mission Statement of the Pleasanton Public School District

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