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Board Policy


ESU 7 Board is revising the Board policies. The new policy site is located HERE


Division I - Board of Educational Service Unit

1.00 Official Board Policy

The official Board policy of the Board of Educational Service Unit 7 shall be the Board policy handbook maintained in the Administrator’s office and identified in writing, as such on the cover of the Board policy manual. In the event any issue arises concerning which version or versions of a policy present themselves, the Board shall be governed by the terms of the Board policy handbook kept current on the ESU 7 Website and in book form at the office of the Administrator of Educational Service Unit 7.

(Adopted March 18, 1991)
(Reviewed January 21, 2002)
(Revised April 16, 2012)
(Reviewed August 17, 2015)

1.01 Philosophy and Mission

See New Policy page: Article I, Section 1
 

1.01.01 Role and Mission

See New Policy page: Article I, Section 1

1.02 Regular Meetings

a. The Board of Educational Service Unit 7 shall conduct its regular meeting the third Monday of each month unless changed by a majority vote of members present. Reasonable advanced publicized notice of the time and place of each meeting of the Board of Educational Service Unit 7 shall be provided to each Board member and the public by posting notice of the regular and/or special meeting on the ESU7 website (www.esu7.org) at least 48 hours before the announced beginning of the meeting. In addition, the administrator is authorized, but not required, to publish the notice of any meeting in a newspaper of general circulation within the service area if, in the opinion of the administrator, it is convenient and useful to do so.

b. The Board shall make available at least one current copy of the Open Meetings Act posted in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public shall be informed about the location of the posted information.

c. Notice shall contain a statement that the agenda, which shall be kept continually current, shall be available for public inspection, at the main office, 2657 44th Ave., Columbus, Nebraska, during regular working hours and on the ESU 7 website. The Board shall have the right to modify the agenda to include items of an emergency nature only at the Board meeting.

d.  The minutes of each meeting shall show the time, place, members present and absent, and the substance of all matters discussed.

e. Any action taken on any question or motion duly moved and recorded will be by roll call vote in open session and the record shall state how each member voted, or if the member was absent or not voting.

f.  The vote to elect the President, Vice-President, Secretary and Treasurer may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.

g. A complete and accurate set of minutes of each meeting shall be kept in compliance with all legal requirements. The minutes shall constitute an official record of the proceedings of the Board.

h. Minutes shall be written and available for inspection within ten working days, or prior to the next convened meeting, which ever occurs earlier.

i.  Educational Service Unit 7 will publish minutes of regular meetings, special meetings, and yearly budget document on the ESU 7 website.

j. Board members in attendance shall constitute a quorum (7) for regular Board business.

k. Special or regularly scheduled meetings may be held via electronic means (ie: video conference, teleconference, phone conference, etc) as per Nebraska Education Law 84-1411, 1412.

l. The ESU 7 Board reserves the right to convene in Closed Session for purposes in accordance with LB 84-1401(1).

(Revised February 18, 1991)
(Revised March 18, 2002)
(Revised March 21, 2011)
(Revised June 18, 2012)
(Revised October 20, 2014)
(Revised February 16, 2015)
(Revised June 15, 2015)
(Revised February 15, 2016)

1.02.01 Order of Business, Regular Meetings

The sequence of Agenda Topics is subject to change at the discretion of the Board in Agenda item 3. The order of business at regular meetings shall be:

1.  Call the meeting to order
     1.1 Notification of Open Meetings Law
     1.2 Roll Call
          1.2.1  Board Absences
     1.3 Pledge of Allegiance
2.  Public Forum
     2.1 Welcome Visitors
     2.2 Public Comment
3.  Approval of Agenda
4.  Approval of the Consent Agenda
     4.1 Approval of Minutes
     4.2 Treasurers Report
     4.3 Presentation of Bills (includes Excess Lodging and In-service Account)
     4.4 Certificated/Classified Hire(s)/Reassignment(s)/Resignations(s)
     4.5 Other routine agenda items   
5.  Action Items
     5.1 Policy Reading and Revision
     5.2 Other Action Items
6.  Discussion Items
     6.1 Committee Reports
     6.2 Other Discussion Items
     6.3 Administrators' Report
7. Adjournment


(Revised February 18, 1991)
(Revised March 18, 2002)
(Revised April 16, 2012)
(Revised December 15, 2014)
(Revised February 16, 2015)
(Revised June 19, 2017)

 

1.02.02 Public Participation in Board Meetings

The Board recognizes the importance of citizen participation in Educational Service Unit 7 matters.  In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the Board shall set time aside for citizen participation, either at a specific time during the meeting or during the discussion of agenda items. The Board has the discretion to limit the amount of time set aside for public participation.

If the pressure of business or other circumstances dictates, the Board President may decide to eliminate this practice at a particular meeting. The Board President will recognize these individuals to make their comments at the appropriate time. The orderly process of the Board meeting shall not be interfered with or disrupted. Only those speakers recognized by the Board President shall be allowed to speak. Comments by others are out of order. If disruptive, the individual making the comments or another individual causing disruption may be asked to leave the Board meeting.

Citizens wishing to address the Board on a certain agenda item must notify the Educational Service Unit 7 Administrator prior to the Board meeting. Citizens wishing to present petitions to the Board may do so at this time. However, the Board will only receive the petitions and not act upon them or their contents.

Subjects for comment should involve areas within the Board’s proper responsibility. Discussion on unrelated matters is be discouraged.  

Individuals who have a complaint about employees may bring their complaint to the Board only after they have followed Board policy addressing citizens’ complaints. Any written or printed materials to be circulated for a meeting of the Educational Service Unit 7 Board must be submitted to the Educational Service Unit 7 Administrator five (5) calendar days prior to the meeting. This material will be transmitted to the members of the Board for their consideration.

(Adopted May 17, 2010)
(Revised May 21, 2012)
(Revised December 19, 2016)

1.02.03 Closed Sessions (& Objections to)

The Board of Educational Service Unit 7 and the Educational Service Unit Administrator 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 Educational Service Unit Administrator.

Open Meetings Act Posting and Public Access to Board Records

The Board of Educational Service Unit 7 accepts its responsibility to conduct its meetings in public and in compliance with law.   The Educational Service Unit Administrator 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 Educational Service Unit Administrator 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 Educational Service Unit 7 directs the ESU Administrator 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 Educational Service Unit 7 and its committees (except as exempt by law).  Minutes shall be made available with ten (10) days of the meeting reported; policies shall be incorporated into the manual within thirty (30) days of adoption. 

Public Participation at Board Meetings

A.    Attend

Members of the public shall be permitted to attend and to speak at most board meetings.  The board may occasionally hold meetings at which public comment will not be received.  They will not be required to identify themselves as a condition for admission to the meeting.

The Board may allow advisors, consultants, and other persons who are not Board members to appear at the meeting via telephone or other similar means.

The chair has the authority to assure that people conduct themselves in an orderly manner at the meeting.  Undue interruption or other interference with the orderly conduct of business will not be allowed.  The chair may order persons who are disorderly to be removed from the meeting.

B.    Hear

The board will, upon request, make a reasonable effort to accommodate the public’s right to hear the discussion and testimony presented at the meeting.

C.    Record

Members of the public may use recording devices (tape recorder, video camera, etc.) to record any part of a meeting of a public body, except for closed sessions.  No recording, other than note taking, shall be done without informing the President in advance.  The President shall control the placement of the recording device so the device does not obstruct the view of Board members or other members of the public attending the meeting and does not otherwise interfere with the meeting.

D.    Access to Written Materials

At least one copy of all reproducible written material to be discussed at an open meeting will be made available at the meeting for examination and copying by members of the public.

E.    Speak

Members of the public will be permitted to speak at most Board meetings at which a public forum is on the Agenda.  Members of the public may also speak when invited to make a presentation or when recognized by the chair.  The Board is not required to allow members of the public to speak at each meeting.  However, the Board will not forbid public participation at all meetings.

Members of the public will not be required to have their name be placed on the agenda prior to the meeting in order to speak about items on the agenda.

Members of the public who desire to address the Board will be required to identify themselves.

The President or chair for the meeting shall have the authority to establish reasonable time limits for individual speakers and for the duration of public forum sessions.

Speakers will be permitted to address the Board consistent with free speech rights.  However, offensive language, defamatory remarks, and hostile conduct will not be tolerated.  Further, charges or complaints against a school employee shall not be made for the first time at a public Board meeting without having followed the service unit’s complaint procedure.  

Closed Sessions

The Board of Educational Service Unit 7 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:
 
  1. Strategy sessions with respect to collective bargaining, real estate purchases, or litigation.
  2. Discussion regarding deployment of security personnel or devices.
  3. Investigative proceedings regarding allegations or misconduct.
  4. 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.

  5. A closed meeting shall never be held for the purpose of discussing the appointment or election of a new member to the Board of Educational Service Unit 7.  

    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 its 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 Education Service Unit 7 shall include within its meaning any “executive session” or “executive meeting” authorized or prescribed by said policies, regulation and Bylaws, all of said terms being interchangeable.  (Statute 84-1407 to 84-1414, 84-712)

    Date of Adoption:  October 16, 2006  
    (Revised December 15, 2008)
    (Revised May 21, 2012)

1.02.04 Order of Business, Special Meetings

Unless altered by the Board, the order of business at special meetings shall be:
  1. Roll call.
  2. Statement of purpose of meeting.
  3. Consideration of items for which the meeting was called.
  4. Adjournment.
(Revised February 18, 1991)
(Reviewed January 21, 2002)
(Reviewed April 16, 2012)

1.02.05 Organizational Meeting

The Organizational Meeting of the Board of Educational Service Unit 7 will be held at the beginning of the regular monthly meeting in January of each year. The following order of business will be handled on the first part of the agenda:

    a.    Seating of newly elected Board Members.
    b.    Election of a President.
    c.    Election of a Vice-President.
    d.    Election of a Secretary of the Board.
    e.    Appointment of a Treasurer.
    f.    Appointment of Board Attorney.
    g.   The current officers of the Board will handle the meeting until after all of the foregoing business is transacted.  After the completion of the election of officers, newly elected officers will take over the meeting.

(May 16, 1983)
(Reviewed March 18, 1991)
(Reviewed January 21, 2002)
(Reviewed April 16, 2012)
(Reviewed January 19, 2015)

1.03 Organization

Board officers shall consist of a President, Vice-President and Secretary to be elected at the January meeting each year.

A Secretary and Treasurer to the Board may also be hired to perform such duties as the Board may designate.

Board members shall receive no compensation for service on the Board but shall be allowed mileage and expenses while performing ESU 7 business.

(Adopted February 21, 1983)
(Reviewed March 18, 1991)
(Reviewed January 21, 2002)
(Reviewed April 16, 2012)
(Revised February 15, 2016)

1.03.01 Duties of Officers

Duties of the President are:

    a.  Call meetings of the Board.
    b.  Preside at all meetings.
    c.  Represent the Unit in all legal actions.
    d.  Appoint special and standing committees.
    e.  Serve, if he/she chooses, as ex-officio member of committees.
    f.   Countersign all orders on the treasury for claims allowed by the Board.
    g.  Participate in all actions of the Board.

Duties of the Vice-President:
    a.  Perform the duties of the President during the President’s absence.
    b.  Countersign all orders on the treasury for claims allowed by the Board.

Duties of the Secretary are:
   a. Keep an accurate record of all meetings.
    b. Notify Board members of all regular and special meetings of the Board in writing at their last known address or via email prior to the day of the                 meeting. This notification shall also include a written or digital agenda of the announced meeting.
    c.  Make required reports to state officials.
    d.  Conduct correspondence for and in the name of the Unit, as directed by the Board.
    e.  Act as custodian of all securities, documents, title papers and records of the Board.
    f.   Draw and sign all orders on the treasury for payment of authorized claims.
    g.  Assure that all legal notices are published.
    h.  The Board may designate that any or all of the above duties shall be carried out by the Educational Service Unit's Administrator or the appointed              Secretary to the Board.

Employment of Treasurer for the Board
The Board shall annually appoint a treasurer who shall be paid a salary to be fixed by the Board.

Duties of the Treasurer for the Board
The treasurer shall be the custodian of all funds of the Board of the educational service unit.  He or she shall attend all meetings of the board, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay out money of the Board only upon a warrant signed by the President, or in his or her absence by the Vice President and countersigned by the Secretary.  The Treasurer shall give bond, payable to the board, as per (State Statute 79-1221)

(Revised February 18, 1991)
(Revised March 18, 2002)
(Revised April 16, 2012)
(Revised February 20, 2017)
 

1.03.02 Official Actions

Official actions may be taken only at a regular or special meeting of the Board.  In cases of emergency, the Administrator or President may poll members individually on actions to be taken, but such actions shall be ratified in official manner at the next meeting of the Board.  A Board member or group of Board members as individuals should not give a decision to matters affecting the operation of Educational Service Unit 7 to residents, patrons, teachers, employees, pupils or persons having business with the Board of Educational Service Unit 7 when not in a regular or special meeting of the Board, unless authorized by the Board to do so.

(February 18, 1991)
(Reviewed January 21, 2002)
(Reviewed April 16, 2012)

1.04 Approval of Bills 

The Board shall review and approve all bills during the regular monthly meeting.

(Revised February 18, 1991)
(Reviewed January 21, 2002)
(Revised May 21, 2012)
(Revised August 21, 2017)

1.05 Election and Employment of Personnel 

All personnel shall be employed by the Board through official action taken at a regular or special meeting of the Board.Except for election of the Administrator, the Board shall not appoint or elect any person to a position until receiving a recommendation from the Administrator or his designee.

The Administrator’s designee will recommend personnel to the Administrator and Board by listing the vacancy; reviewing, screening and interviewing selected candidates. Salaries shall be set by official Board action.

The Administrator’s designee, with the approval of the Administrator, may hire, dismiss, and determine general working condition for all non-certificated staff. The Board shall approve all staff personnel on initial hire and rehire.

(Adopted July 27, 1990)
(Revised February 18, 1991)
(Reviewed January 21, 2002)
(Revised May 21, 2012)
(Reviewed May 15, 2017)

1.05.01 Administrative Procedure 

Election and Employment of Personnel

APPLICATION FOR EMPLOYMENT

A current file(s) of Application for Employment will be maintained by the Business Manager for the general ESU and the Special Education Bookkeeper for special education department. The respective personnel will be responsible for seeing the interested parties complete a proper application form and that all candidates who interviewed for a position are notified by letter when a position is filled. Applications will be kept on file for three years.

ADVERTISING POSITION

The Administrator or designee is responsible for properly advertising all position openings. Unless an emergency exists, the ESU procedure will be to advertise an opening at least twice in a paper of choice or by electronic means. The administrator will consult with the director regarding the content of the ad.

JOB DESCRIPTION

Job descriptions are required for each position. A new description or alterations in an existing position must be approved by the Administrator prior to the start of interviewing.

INTERVIEW PROCESS

The Administrator or designee will screen applications received as well as those on file and select candidates for interviewing. The Administrator and/or designee(s) will interview the applicant regarding qualifications for the position. The Administrator or designee will review salary, fringe benefits and any other employment conditions with all applicants. The Administrator, or designee will review with the director the two applicants selected as most qualified before a final decision is made.

CONTRACT WORK AGREEMENT

The applicant selected for and accepting a position must sign a contract/work agreement and complete payroll information with the Administrator or designee prior to starting work.  

PERSONNEL FOLDER

The personnel file for each employee will be kept and maintained by the designated Administrative support staff. The file will contain the application for employment, and suporting documentation, contract, evaluation records and other necessary information.

EXIT CONFERENCE

All employees leaving Educational Service Unit 7 shall go through an exit conference with the Administrator or designee. A record of such conference shall be kept in the personnel file.

(Adopted July 27, 1990)
(Revised March 18, 2002)
(Revised April 16, 2012)
(Revised September 17, 2015)

1.06 Equal Opportunity Employer 

As an equal opportunity employer, Educational Service Unit 7 will not discriminate on the basis of race, color, religion, national origin, sex, physical or mental disability, age, or any such related condition in the hiring, dismissal, or retention of ESU7 staff provided that in the case of handicapping condition, the condition itself is not a limiting factor in the performance of the designed essential duties for the position involved.

(Revised February 18, 1991)
(Reviewed January 21, 2002)
(Reviewed April 16, 2012)
(Revised July 25, 2016)

1.07 Classification of Services 

The services that are available to the member schools from Educational Service Unit 7 are divided into five categories:  Exploratory, Basic, Core, Contracted and Other. All programs and services offered by Educational Service Unit 7 shall first have Board approval.  A description of each of the categories and the standards that must be present before a particular service can be placed within the category are as follows:

I.    EXPLORATORY SERVICE – A service that, when implemented, is intended to explore the value of the service to the member schools.  Each exploratory service will be offered initially for a period of two years during which time the effectiveness of the service will be evaluated by the schools using the service to determine if it should be discontinued, substantially revised or continued as a Basic Service or Contracted Service at the end of the two-year trial period.  Exploratory services shall be financed with funds raised from the Educational Service Unit 7 mill levy.

STANDARDS TO BE USED WHEN A SERVICE IS PROPOSED FOR INCLUSION IN THE CATEGORY OF EXPLORATORY SERVICE
  1. A service that is requested by a majority of the school districts in the Unit before it is implemented.
  2. A service that can be provided as an initial effort to meet a need for that service in the school districts in the Unit.
  3. A service that the individual school systems within the Unit will most likely not choose to implement and maintain on their own.
  4. A service that needs the financial support of the Unit’s tax base in order to be implemented and maintained to the degree that the service can be educationally effective.
  5. A service that can be provided to several schools more efficiently by one administrative agency.
  6. A service that will initially be offered for a period of two years during which time its value as a service to the schools will be evaluated before deciding to discontinue, revise or continue as a Basic Service or Contracted Service.
  7. Any service proposed for implementation with funds raised by the ESU 7 tax levy will be regarded as an Exploratory Service for a period of two years before becoming a Basic or Contracted Service.
II.    BASIC SERVICE – A service that, when implemented, is determined to be a service that the Educational Service Unit will continue to provide for a period of several years.  This determination shall be based upon the likelihood that individual school systems within the Unit will not choose to implement and maintain the service at the local level.  Basic services shall be financed with funds raised from the Educational Service Unit 7 mill levy and General Fund resources.

STANDARDS TO BE USED WHEN A SERVICE IS PROPOSED FOR INCLUSION IN THE CATEGORY OF BASIC SERVICE
  1. A service that the majority of the school districts in the Unit wish to be maintained as a Basic Service.
  2. A service that can be efficiently provided to the degree that it will effectively meet the need for that service in each school district in the Unit.
  3. A service that an individual school system within the Unit will most likely not choose to implement and maintain on its own.
  4. A service that needs the financial support of the Units tax base in order to be implemented and maintained to the degree that the service can be educationally effective.
  5. A service that can be provided to all schools more efficiently by one administrative agency.
  6. A service that will provide worthwhile and meaningful educational opportunities for children where those opportunities do not now exist or will enhance the member school’s ability to deliver those educational opportunities to their students.
III.    CORE SERVICES – Core Services shall be within the following service areas in order of priority:  Professional Development, Technology and Instructional Materials 

IV.    STANDARDS TO BE USED WHEN A SERVICE IS PROPOSED FOR INCLUSION IN THE CATEGORY OF CORE SERVICES.
  1. Member schools as represented through the Educational Service Unit 7 Advisory Council, will be afforded the opportunity to define/request Core Services.
  2. The Administrative and Educational Service Unit Professional staff will review and recommend the Core Services to the Educational Service Unit 7  advisory council.
  3. The Educational Service Unit 7 advisory council will approve Core Services by majority vote and present such services along with the general plan of services to the Educational Service Unit 7 Board.
IV.    CONTRACTED SERVICE –Any service which is not provided as an Exploratory or Basic Service and is requested by the schools to the degree that it is possible for the service unit to hire the personnel needed to deliver the service, will be provided by the service unit according to terms of a contract between each of the schools using the service and Educational Service Unit 7.  Contracted services shall be financed by the school districts that contract for the service.  All identifiable costs of the service shall be paid by the contracting schools on a proportionate basis.

STANDARDS TO BE USED WHEN A SERVICE IS PROPOSED FOR INCLUSION IN THE CATEGORY OF CONTRACTED SERVICE.
  1. Administration and delivery of a particular service must be requested by a minimum of four school districts.
  2. The total cost of delivering the service must be born by the contracting school district.
  3. Other than Educational Service Unit 7 staff personnel assigned to direct contracted programs, all other personnel shall be considered staff members of the respective schools in which they service.
  4. By annual action in Board minutes, the Educational Service Unit 7 Board may agree to serve as the Sponsoring or Coordinating Agency for Identified Contracted Service (ie. Special Education, Federal Grants, etc.)

V.    OTHER SERVICE-A service that can be made available to the schools through Educational Service Unit 7 and financed with funds other than Educational Service Unit 7 or local school district tax monies shall be placed in this category.

STANDARDS TO BE USED WHEN A SERVICE IS PROPOSED FOR INCLUSION IN THE CATEGORY OF OTHER SERVICE.
  1. A service that will be financed with federal and/or state funds and will be provided for the educational benefits of students enrolled in the schools located within Educational Service Unit 7.
  2. A service that will be financed with federal and/or state funds and will be provided for the educational benefits of students enrolled in the schools located within ESU 7 as well as statewide services outside of the ESU 7 boundaries.
  3. A service that will be financed with grants, awards, gifts or bequests from private corporations, foundations or individuals and will be provided for the educational benefit of students enrolled in the schools located within Educational Service Unit 7.
(Revised February 21, 1983)
(Revised March 18, 2002)
(Revised April 16, 2012)

1.08 Request for Service 

In order that supplemental services to the local school districts may be performed in a manner suited to fit the needs of the local district while conforming to the manner in which such services could, and should, be performed by Educational Service Unit 7 personnel the following board policy statements of Educational Service Unit 7 are hereby listed:
 
  1. All programs and services furnished by Educational Service Unit 7 to the local school district shall have the approval of the local district board of education and the signature of their designated representative.
  2. When working in the local district Educational Service Unit 7 personnel shall first coordinate their activities with the designated administrative officer of that district and they shall then follow the policies and guidelines that have been set forth by joint agreement for supplying such service to that district.
  3. The public school district shall determine how the private schools within its boundaries shall be serviced.  Private schools will pay ten percent above the cost charged to public schools for production, art media, video tape, micro-computer diskette duplication and 3% on coop purchasing fees.  Audio-visual repair service will be provided to private schools on a yearly fee basis.  The Educational Service Unit 7 Board will annually approve the yearly fee schedule.
  4. The Board will review and act on requests from schools outside the boundaries of the Unit based on Section 79-2201.01 of school law.

(Revised February 18, 1991)
(Revised March 18, 2002)
(Reviewed April 16, 2012)

1.08.01 Request For Service-Procedure 

It shall be the policy of Educational Service Unit 7 Board to provide services as may be from time to time identified and requested by member school districts and to calculate the cost for such services.

For any service requested which is not offered at the time of such request, the process for providing such services should occur as follows:
  1. A request for services by a member school district or sub-advisory committee should be set forth in writing with such requested service to be identified and accompanied with a probable fiscal impact statement.  All requests must be received 90 days before the February Board review.
  2. Such request shall be reviewed by the Administrator of Educational Service Unit 7 who shall confer with the requesting member district or sub-advisory committee and who shall seek to clarify if necessary and supply additional specific information concerning the request so that the nature of the service might be reasonably specifically identified and the fiscal impact might be reasonably projected.
  3. Thereafter the Administrator shall submit the request to the Advisory Committee as identified in Educational Service Unit 7 Policy 1.08.02 and the Advisory Committee shall either accept or reject the proposal by a vote of a majority of those present and voting at any duly constituted meeting of the Advisory Committee.
  4. If such proposal or request for service is approved by the Advisory Committee, it shall be forwarded to the Administrator as set forth in Policy 1.08.02 of Educational Service Unit 7 on the program and/or services proposal form provided by the Service Unit.
  5. The recommendations or the Educational Service Unit 7 Administrator and the Advisory Committee representing the Administrator’s Association regarding specific programs of service to the local school districts will be submitted to the Board of Educational Service Unit 7 at the February meeting.  The Educational Service Unit 7 Board will act on these recommendations at the March meeting.

  6. (Adopted December 19, 1988)
    (Revised June 17, 1991)
    (Reviewed January 21, 2002)
    (Reviewed April 16, 2012)

1.08.02 Program Evaluation-Advisory Committee 

It shall be the policy of the Educational Service Unit 7 Board to periodically receive reports, advice and recommendations from the Advisory Committee regarding the evaluation of Educational Service Unit programs and services and to consider proposals from the Advisory Committee concerning the creation, expansion, reduction or elimination of Educational Service Unit programs and services.  Such proposals and evaluations shall be submitted by the Advisory Committee to the Administrator of Educational Service Unit 7 on forms to be provided by the Educational Service Unit or on such other forms as are substantively similar.

Upon a majority vote by the Advisory Committee regarding the proposal of programs or services that should be created, expanded, amended or eliminated, the Advisory Committee may appear before the Educational Service Unit Board with such proposals and may present evidence or other substantiation along with financial data and a fiscal impact statement for consideration by the Service Unit Board. At such meeting, the Board may take action to accept or reject such proposal or may request of the Advisory Committee additional information for consideration at some later Board meeting.

The Service Unit Board shall receive evaluations of Service Unit programs and services from the Advisory Committee and shall give due consideration to such evaluations and make changes if it deems any appropriate based upon evidence or other information received from the Advisory Committee regarding such evaluation.

(Adopted December 19, 1988)
(Reviewed June 17, 1991)
(Reviewed January 21, 2002)
(Reviewed April 16, 2012)

1.09 Authorized Depositories, Bonds, Disbursements of Funds 

Unit Funds shall be placed in depositories approved by the Board.  The Board shall annually reauthorize depositories.

The treasurer of the Board of Educational Service Unit 7 and employees of the Board of ESU 7 who handle money of a substantial nature, shall be bonded. Extent of Bonding and coverage shall be determined at the regular January meeting.

Disbursement of Funds

The Board shall pay out money of the Board upon checks signed by the President, the Vice-President and the Secretary, electronic transfer, e-payments, or Automated Clearing House (ACH). The Board authorizes the use of signature stamps.

(Revised February 18, 1991)
(Revised March 18, 2002)
(Reviewed May 21, 2012)
(Revised August 21, 2017)

1.10 Operational Duties 

The Unit Board shall carry out the duties imposed upon it or authorized by law.  It shall determine policies and programs which are supplementary and exemplary to those existing or those which may be initiated.  The Board will in no way dictate to existing Boards of Education relative to the educational or cultural programs they are presently providing.  Rather, the Unit Board invites local school districts to recommend supplementary services which they believe are needed.
(Nebraska Educational Law Article 12, Educational Service Units Act )

(Adopted May 16, 1983)
(Revised July 15, 1991)
(Revised March 18, 2002)
(Revised May 21, 2012)

1.11 Advisory Committee 

The Board recognizes the Administrators Advisory Committee made up of representatives of each class of member school districts within the Unit as the official advisory committee to the board, and as such, members of this committee are encouraged to attend and participate in all Unit board meetings and to work with the administration and staff on programs and services to their respective schools.  Organization of the Advisory Committee shall be based upon NDE Rule 84.

(Revised January 21, 1985)
(Revised July 15, 1991)
(Revised March 18, 2002)
(Revised May 21, 2012)

1.12 Employment of Administrator 

The ESU 7 Unit Board shall employ an Administrator who shall serve as the executive officer of the Board and as supervisor of the educational program. The Board, at its discretion, may enter into a contract with an Administrator for a period not to exceed three years. Such a contract, when feasible and possible, is to be passed no later than the regular meeting of the Board for the month of March (unless alternate date is determined by mutual agreement of Board and Administrator). Said annual salary shall be paid in equal installments in accordance with the policy of the Board governing payment of other professional staff employees of the Educational Service Unit (Policy 3.07 Payment of Salary).

Tenure of the contract and salary will be set at the discretion of the Board. The employment, in so much as it applies to the Administrator, shall be on a twelve-month basis, beginning July 1.  

The Administrator shall attend all Board meetings, unless excused at his/her request.

(Adopted May 16, 1983)
(Revised July 15, 1991)
(Reviewed January 21, 2002)
(Revised May 21, 2012)
(Revised March 20, 2012)

1.12.01 Administrative Evaluation 

The purpose of evaluating the administrator is not to micromanage the organization, but to provide oversight and public assurance that the policies are being effectively implemented. The evaluation process offers the board the avenue to strengthen communication with the administrator and is an ongoing process to enable the board the occasion to provide formal feedback for professional growth (Herring, p.24)

The Board of the Educational Service Unit 7 will conduct an appraisal of the job performance of the Administrator according to applicable law.

The ESU7 Board will follow timelines and procedures set by the Board Evaluation Committee.


The evaluation form will include standards of performance in the following areas of:
-    Relations with the Board
-    Community Relationships
-    Staff and Personnel Relationships
-    Educational Leadership
-    Business and Finance
-    Professional/Personal Qualities
-    Professional Growth
 

The Administrator will use the above standards to prepare an annual self-evaluation.

The Board may request input from school districts using Educational Service Unit 7 services and personnel regarding the responsiveness of the Administrator to the needs of the school district.

The Educational Service Unit 7 Board will include specific annual goals or target areas as part of the annual Administrator’s evaluation.  These written goals or target areas should be developed by the Board, the Administrator, and/or Educational Service Unit 7 staff to improve services provided.

The Board Evaluation Committee will develop a written summary of the Board-submitted evaluations, including both the strengths and the growth opportunities of the Administrator, and place it in the Administrator's personnel file to be incorporated into the next cycle of evaluations.


(Adopted February 17, 2003)
(Reviewed May 21, 2012)
(Revised October 15, 2012)
(Revised June 20, 2016)

1.13 Absence of Board Policy 

In cases where emergency action must be taken within the Unit and where the Board has provided no guides for administrative action the Administrator shall have power to act, but his/her decisions shall be reviewed by the Board at its next regular meeting.  It shall be the duty of the Administrator to inform the Board promptly of such action and of the need for policy.

(Adopted May 16, 1983)
(Revised July 15, 1991)
(Reviewed January 21, 2002)
(Reviewed May 21, 2012)

1.13.01 Policy Suspension 

It shall be within the discretion or amendment of the board to suspend a policy.  Policies of the board may be immediately amended or temporarily suspended by a majority vote of board members present at an official meeting of the board if the board determines that an emergency exists.  This does not apply to any section of board policies established by law or by contract.  Reasons for amendment or suspension of board policy shall be documented in board minutes.

(Adopted May 21, 2012)

1.14 Affirmation of Intent to Comply with the Provisions of the Individuals with Disabilities Education Act - P.L. 94-142 

The Board of Educational Service Unit 7 hereby reaffirms its position that all children regardless of their disability are entitled to a free appropriate public education and an equal opportunity for an education according to their individual needs.

The Board of Educational Service Unit 7 affirms that the requirements of P.L. 90-247 (FERPA) will be strictly enforced in accordance with Rule 51 and procedures will be established to assure accessibility and the confidentiality of personally identifiable student data items maintained by Educational Service Unit 7 for schools served and for students served by contract or grant award with the State of Federal Government.

The Board of Educational Service Unit 7 affirms that special education programs and services provided to schools by contract shall comply with the procedural safeguards as specified in P.L. 94-142 Individuals with Disabilities Education Act as amended and will work with schools served to assure that the rights of review and notification will be available to the parent or guardian in accordance with Rule 51.

The Board of Educational Service Unit 7 affirms that special education plans and budgets for schools served will be available for public viewing with prior permission from the schools served.  In accordance with P.L. 90-247 Rule 51 and Educational Service Unit 7 Board Policy, personally identifiable student data items maintained for schools served shall not be available for public viewing.

The Board of Educational Service Unit 7 affirms that it supports the rights of the parent or guardian of students with disabilities to participate in the planning and provision of the education program of their child with a disability.

The Board of Educational Service Unit 7 affirms its belief that comprehensive inservice training is essential to the provision of effective special education programs and services to children who could benefit from special education and that funds and time will be provided to help assure that the special education staff or Educational Service Unit 7 will be appropriately and adequately trained.

The Board of Educational Service Unit 7 reaffirms its position that children who could benefit from special education should be appropriately educated with children who are not handicapped, and that special classes, separate schooling, or other removal of children with a disability from the regular educational environment occur only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(Revised March 21, 1983)
(Revised July 15, 1991)
(Revised March 18, 2002)
(Revised May 21, 2012)

1.14.01 Special Education Cooperative

  1. As is consistent with P.L. 94-942; P.L.99-457; and state statutes, Educational Service Unit 7 recognizes that the responsibility for educating children with disabilities is that of the local school district and that the role of the service unit is that of assisting the schools, when so requested, in carrying out their assigned responsibility under the following conditions:

  2. a.    Services shall be those approved by the Special Education Advisory Council and the Educational Service Unit 7 Board.
    b.    All requests must be made to the Special Education Advisory Council and the Educational Service Unit 7 Board.
    c.    Final responsibility keeping records, submitting reports, placement of students, etc. etc, shall be that of the local districts involved.
    d.    All Special Education programs shall be financed in their entirety by the local district although these funds may be channeled through Special Education under the prescribed budget conditions.  This will be done through contractual agreements between Educational Service Unit 7 and the local school districts.
    e.    Non-Member contract requests will be handled according to applicable law.
  3. The Special Education Cooperative shall operate directly under the Board of Educational Service Unit 7, though its designated administrator, and shall follow all rules, regulations, guidelines, and policies as set forth by them.

  4. The Board recognizes the Special Education Advisory Council as the official advisory council for the Cooperative and will be sensitive and responsive to its needs whenever possible.
  5. The Director of Special Education shall work for the Educational Service Unit 7 Board, through the Unit Administrator, in carrying out such duties as are assigned by them.  Among the assigned duties are:

  6. a.    Preparation of the yearly Special Education Cooperative budget within the timelines.  The Director of Special Education will then present it to the Unit Administrator and to the Unit Board as a part of the total Unit budget.
    b.    Once the budget has been adopted, the Special Education Director shall be responsible for keeping the department portion of the budget within the amounts so budgeted. In no case may department and total budget amounts be exceeded.
    c.    The Director shall also be responsible for seeing that ample funds are on hand to maintain the needed cash flow to operate the Special Education Cooperative.
    d.    The Special Education employees shall be under the Director of Special Education and all be expected to act in a professional manner at all times.
    e.    The Director shall see that all records (including financial) are kept up to date at all times.

  7. Educational Service Unit 7 agrees to house the Special Education Cooperative in the manner and to the degree that it is now housed.

  8. The Cooperative shall be responsible for maintenance and upkeep of the portion of property as per the Interlocal Agreement.  In the event that more space is needed it will be the duty of the Cooperative to locate and pay for all such additional space.
  9. The Special Education Cooperative shall have the use of meeting rooms the same as all other departments within the Unit.


ORGANIZATIONAL FLOW CHART

Educational Service Unit 7 Board

Educational Service Unit 7 Administrator

Special Education Director             Special Education Advisory Board

(Revised June 21, 1993)
(Revised March 18, 2002)
(Revised May 21, 2012)

1.15 Change of Board Policies 

Additions, deletions, or modifications of Board Policy will normally be discussed at a regular or special meetings and be voted on in current meeting unless otherwise determined by action of the Board. Changes of an emergency nature may be made to any of the Board policies at any regular or special meeting of the Educational Service Unit 7 Board.  When such emergencies arise, every attempt will be made to inform all Board members prior to the meeting where the action will take place. It shall be the duty of all staff members to read and be informed of Board Policies.

(Adopted July 18, 1983)
(Reviewed June 17, 1991)
(Reviewed January 21, 2002)
(Reviewed May 21, 2012)
(Revised April 18, 2016)

1.16 Unemployment 

Educational Service Unit 7 has adopted the self-insured Unemployment Plan, and has established a reserve account for the payment of unemployment claims.

(Adopted May 16, 1983)
(Reviewed June 17, 1991)
(Reviewed January 21, 2002)
(Reviewed May 21, 2012)

1.17 Compliance with Section 504 of the Rehabilitation Act of 1973

Educational Service Unit 7 of the State of Nebraska hereby agrees that it will:
  1. Comply, to the extent applicable to it, with section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and all requirements imposed by the Department of Health, Education and Welfare (hereinafter, the “Department”), according to said department’s regulations (45 C.F.R. Part 84), and all guidelines and interpretations issued pursuant thereto, to the end that no qualified student or employee of Education Service Unit 7 shall, on the basis of a disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which Educational Service Unit 7 receives or benefits from Federal financial assistance from the Department.
  2. Submit reports in a manner prescribed by the Director under 45 C.F.R. 84 as to the compliance with Section 504 of the Rehabilitation Act of 1973 of education programs or activities within its jurisdiction.

(Adopted March 21, 1983)
(Revised July 15, 1991)
(Reviewed February 18, 2002)
(Reviewed May 21, 2012)

1.18 Compliance with Title IX of the Education Amendments of 1972

Educational Service Unit 7 of the State of Nebraska hereby agrees that it will:
  1. Comply, to the extent applicable to it, with Title IX of the Education Amendments of 1972 (P.L.92-318), as amended, 20 U.S.C. 1681, 1682, 1683 and 1685 (hereinafter, “Title IX), and all applicable requirements imposed by or pursuant to the Department of Health, Education and Welfare (hereinafter the “Department”), regulations issued pursuant to Title IX, 45 C.F.R. Part 86 (hereinafter, “Part 86”, to the end that, in accordance with Title IX and Part 86, no student or employee of Educational Service Unit 7 shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which Educational Service Unit 7 receives or benefits from Federal financial assistance from the Department.  (This assurance does not apply to sections 904 (prescribing denial of admission to course of study on the basis of blindness) and 906 (amending other laws) of Title IX, 20, U.S.C. 1684 NS 1686). 
  2. 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 education program or activity are not discriminating on the basis of sex against these students or employees.
  3. 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 Title IX and Par 86 satisfactory to the Director and submitting such assurance to the Department.
  4. Submit a revised assurance within 30 days after any information contained in this assurance becomes inaccurate.
  5. Submit reports in a manner prescribed by the Director under 45 C.F.R.80.6(b) as to the compliance with Title IX and Part 86 of education programs or activities within its jurisdiction.

(Adopted March 21, 1983)
(Reviewed June 17, 1991)
(Reviewed February 18, 2002)
(Reviewed May 21, 2012)

1.18.01 Educational Service Unit 7 Title IX and Section 504 Grievance Procedures for Staff

The following policies and procedures are established in order to assist in the fair resolution of faculty and staff grievances.  A grievance hereunder is a claim by a faculty member or staff member (grievant) that a violation of Title IX or Section 504 regulations has occurred.  Whenever a grievance occurs, the following procedure will be followed and every effort will be made to secure an appropriate resolution as early as possible.
  1. As used herein, the term “grievant” means the faculty member or staff member filing a grievance under this policy; the term “days” shall mean days when school is in session except that when a grievance is filed on or after May 15, “days” shall refer to Mondays through Fridays, excepting legal holidays.
  2. A grievance may be filed by an individual grievant if the grievant feels that sex discrimination or discrimination on the basis of handicap has occurred in this service unit.
  3. No grievance shall be recognized unless it is filed at the appropriate level within ten (10) days after the occurrence of the event which is the subject of the grievance.
  4. The inclusion of time limits in this policy is for the purpose of insuring prompt action.  In circumstances where the grievant does not pursue the next step of the procedure within the time period specified, unless there is a mutually agreed extension of time, the grievance shall be deemed to have been settled and no further action shall be required.  In the absence of a written reply to a grievance by the appropriate administrator within the required time period, the grievance shall be considered to have been denied and the grievant may submit the grievance in writing to the next level.

PROCEDURES

Level One:

A grievant shall, within ten (10) days after the occurrence of the event which is the subject of the grievance, make an appointment with and discuss the matter with his or her immediate supervisor.  Every effort will be made to resolve the grievance informally at this level.  The immediate supervisor shall give an oral response to the grievant within five (5) days after the initial discussion.

Level Two:

In the event the grievant is not satisfied with the disposition of the grievance at Level One, the grievant shall reduce the grievance to writing, sign it, and submit it to the immediate supervisor within five (5) days after the oral response at Level One.  A written grievance shall contain a detailed description of the factual circumstances upon which the grievance is based and an explanation of how such facts result in sex discrimination or discrimination on the basis of handicap.  The immediate supervisor must submit a written answer within five (5) days after receipt of the written grievance.

Level Three:

In the event the grievant is not satisfied with the resolution of the grievance at Level Two, the grievant may submit the written grievance within five (5) days thereafter to the administrator.  The administrator will respond in writing to the written grievant within five (5) days thereafter.

Level Four:

In the event the grievant is not satisfied with the disposition of the grievance at Level Three, the grievant may submit the written grievance to the Director of Title IX and Section 504 who will convene a grievance committee for the purpose of examining evidence of sex discrimination or discrimination on the basis of handicap in the case submitted.  The grievance committee will consider all relevant evidence presented in connection with the grievance and may request individuals to testify before the committee.  Within twenty (20) days after receipt of the written grievance, the grievance committee shall determine what action, if any, should be taken to resolve the grievance.  The decision of the grievance committee shall be final and a copy of such decision shall be delivered to the grievant.

SOURCE:
Region VII OCR

(Reviewed June 17, 1991)
(Reviewed February 18, 2002)
(Reviewed May 21, 2012)


Name of witnesses that you are aware of to any of the events that you complain of:


        ______________________________________________


        ______________________________________________


        ______________________________________________





______________________________________

Complaining Party’s Signature




Employment Address: _____________________________________________________


            _____________________________________________________


            _____________________________________________________



Employee Address:    ____________________________________________________


            ____________________________________________________


            ____________________________________________________



Date such complaint was filed _____________________________, 20___.
Specificity and detail, the events of which you complain.


FORM A
LIMITED AUTHORITY TO DISCLOSE

I understand that Educational Service Unit 7 will be conducting an investigation of my complaint.  However, it is my wish that certain facts set forth in this complaint not be disclosed to others or that certain facts be disclosed only such persons as I specifically direct.  The information which I do not authorize the investigator to disclose to anyone except the administrator, is as follows:










Below is listed factual information that I do not wish to have generally disclosed.  Beside each specific fact stated below I have provided the name or names of those during the course of any investigation I specifically authorize you to disclose such information to:











I specifically acknowledge by signing this paragraph, rather than the general authority paragraph, that I may have placed limitations on the investigation which may make it difficult or impossible for Educational Service Unit 7 to fully resolve my complaint.



                    _________________________________________
                        Complaining Party’s Signature


                    Date______________________________, 20___



FORM B
GENERAL AUTHORITY TO DISCLOSE INFORMATION

I understand that Educational Service Unit 7 will be conducting an investigation of my complaint.  By affixing my signature to this paragraph I authorize ESU 7 to disclose such portions of the information I have set forth in my complaint and which I may provide in the future with respect to this complaint.  By affixing my signature to this paragraph I hold harmless Educational Service Unit 7 and its duly authorized investigator for any claim I may have resulting from the disclosure of any facts set forth in this complaint when such disclosure occurs in the course and scope of the investigation.  By signing this paragraph I acknowledge that I have read it fully and understand its contents.











                        __________________________________
                            Complaining Party’s Signature




                        Date________________________,20___
 

1.19 Board Member Vacancy 

A vacancy in the membership of the Educational Service Unit 7 Board shall occur as set forth in State Statute, Section 32-560, or when a member is absent from the Educational Service Unit for a continuous period of sixty days at one time or from more than two consecutive regular meetings of the Board unless excused by a majority of the remaining members of the Board.  Board Members will be eligible for excused absences on a case-by-case basis.  In all cases the board member must notify the administrator or board president, prior to the board meeting, with the reason for the absence in order to be considered for an excused absence. 

Whenever any vacancy occurs on the Board, the remaining members of the Board shall appoint an individual who resides within the geographical boundaries of the district to be represented on the Board.  The appointment shall be made to fill such vacancy for the balance of the unexpired term.

Before an appointment to fill such vacancy is made, the remaining members of the Board shall inform the general public of the vacancy.  The public shall be informed through a news release and public/legal notice to be published in newspapers that are circulated in the geographical area to be represented on the Board.

The news release and public/legal notice shall request that individuals who are interested in being considered for such appointment should indicate their interest by notifying the President of the Board.

To be considered for an appointment to fill such vacancy on the Board, interested individuals shall submit their reply to questions that will be provided to them on a Board Candidate Questionnaire.

An appointment to fill such vacancy on the Board shall be made by the remaining members of the Board at a regular Board meeting after all interested individuals have had sufficient time to comply with the above requirements.  The appointee shall be selected from those individuals who have expressed an interest in serving on the Board, have submitted a letter of application and have completed the Board Candidate Questionnaire.

(Adopted December 21, 1987)
(Reviewed June 17, 1991)
(Reviewed February 18, 2002)
(Reviewed December 20, 2010)
(Reviewed June 18, 2012)

1.20 Conflict of Interest 

1.     Members of the Board of Educational Service Unit 7 shall abstain from voting on matters on which they may have a conflict of interest. Any Board member who would be required to take any action or make any decision in the discharge of his or her duties that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a business with which he or she is associated, which is distinguishable from the effects of such action on the public generally or a broad segment of the public, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner.

a.    Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict; and,

b.    Deliver a copy of the statement to the Political Accountability and Disclosure Commission and to the Administrator and Secretary of the Educational Service Unit Board who shall enter the statement into the public records of the Educational Service Unit.

The Board member shall take such action as the Commission shall advice or prescribe to remove himself or herself from influence over the action or decision in the matter.

2.    The provisions of paragraph 1 above shall not prevent a Board member from making or participating in the making of an Educational Service Unit related decision to the extent that the individual’s participation is legally required for the action or decision to be made.  In such event, the Board member shall report the occurrence to the Commission.

3.    Except as defined in Nebraska statute and this policy, conflict of interest of a Board member shall not prevent a Board member from serving on the Board or restrict the hiring or purchasing practices of this Educational Service Unit.

4.    The Administrator, or the Administrator’s designee, shall provide:

a.    Each Board member with copies of state statutes of Nebraska pertaining to conflicts of interest at the organizational meeting of the Educational Service Unit Board held at the regular Educational Service Unit board meeting in January of each year.  In addition, any newly appointed or elected Board member shall be provided such statutes.

b.    When possible, provide each Board member with a list of financial matters on the agenda to come before the Educational Service Unit Board at the next regular meeting in sufficient detail to allow the Board member to identify potential conflicts of interest and report and receive advice from the Commission.

5.    For the purpose of this policy, immediate family member shall be defined as a child residing in the Board member’s household, a Board member’s spouse or an individual claimed by that Board member or the Board member’s spouse as a dependent for federal income tax purposes.

(Reference 49-1425; 49-14, 101 et al; 79-818; 79-544 § LB 242)
(Revised April 15, 2002)
(Reviewed June 18, 2012)

1.21 Copyright Policy

It is the intent of the Educational Service Unit 7, its Board, employees and students, to adhere to the provisions of current copyright laws and congressional guideline.  Employees and students are to adhere to all provisions of Title 17 of the United States Code, titled “Copyrights”, and other relate federal legislation and guidelines related to the duplication retention and use of copyrighted materials. 

1.    Employees who make or use copies of copyrighted materials in their jobs are expected to be familiar with published provisions regarding fair use and public display, and are further expected to be able to provide, upon request, the justification under Sections 107 and 110 of Copyright, Title 17, United States Code for materials that have been used or copied.

2.    Employees who use copyrighted materials that do not fall within fair use or public display guidelines will be able to substantiate that the materials meet one of the following tests:

a.    The materials have been purchased from an authorized vendor by the individual or Educational Service Unit 7 and a record of the purchase exists.
b.    The materials have been copied after written permission has been obtained from the copyright holder which specifies the conditions of their intellectual property rights:  the exact material to be used; how it is to be used; the format of the copies; number of copies that can be made; and how it can be distributed, performed or displayed.
c.    The materials are copies covered by a licensing agreement between the copyright owner and Educational Service Unit 7 or the individual employee.
d.    The materials are being previewed or demonstrated by the user to reach a decision about future purchase or licensing and a valid agreement exists that allows for such use.

3.    Unlawful copies of copyrighted materials may not be produced on Educational Service Unit 7 owned equipment.

4.    Unlawful copies of copyrighted material may not be used with Educational Service Unit 7 owned equipment, within Educational Service Unit 7 owned facilities, or at Educational Service Unit 7 sponsored functions.

5.    The legal and insurance protection of Educational Service Unit 7 will not extended to employees who unlawfully copy and use copyrighted materials.

6.    Any employees who knowingly violates this policy, which violation results in any liability to Educational Service Unit 7 may be liable to Educational Service Unit 7 for such damage as is suffered by Educational Service Unit 7.

This policy is drafted as guidance and is not exhaustive or limiting of liability for actions contrary to this policy.

(Adopted May 20, 1985))
(Revised April 15, 2002)
(Reviewed June 18, 2012)

1.22 Sexual Harassment

It shall be the policy of Educational Service Unit 7 to prohibit sexual harassment of service unit employees and applicants for employment on any work premises where Educational Service Unit 7 has total control of the premises or can otherwise lawfully exert its jurisdiction.  If proscribed acts as are set forth in this policy occur on premises within the total control or exclusive jurisdiction of the service unit, the service unit administrator designee or the Board of Education as the case may be shall undertake immediate and appropriate action within the bounds of the law to discipline as appropriate any violations of this policy or of applicable law pertaining to sexual harassment and shall undertake immediate and appropriate action to prevent any such conduct in the future.  As used in the policy the word "employee" shall mean any person who is an employee of Educational Service Unit 7 and shall also include any former employee who alleges having quit or having been fired as a result of sexual harassment.  

The following acts are specifically prohibited by this policy:
 
  1. Unwelcome advances, requests for sexual favors, verbal physical conduct of a sexual nature, submission to which is demanded by any employee of Educational Service Unit 7 against any other person as a term or condition of obtaining employment. 

  2. Unwelcome advances, requests for sexual favors, verbal or physical conduct of a sexual nature, submission to which or rejection of which by any employee is used a basis for any employment decision such as, but not limited to, rate of pay, promotion, favorable evaluations whether formal or informal or the conferring of job responsibility.

  3. Conduct by an employee or employees directed against another employee or employees, which has as its purpose unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment.

It shall be the policy of Educational Service Unit 7 to receive information from any person concerning allegations of conduct prohibited by this policy on a form which shall be distributed to all employees of Educational Service Unit 7 at the commencement of their employment or as soon thereafter as is reasonable or within a reasonable time following the operative date of this policy, whichever date is applicable.  An adequate number of copies of the complaint form shall be maintained within the administrations policy.  The effective date of this policy shall be May 17, 1993.  Upon receipt of any complaint upon the form prescribed by this policy, the administrator or his or her designee shall undertake an investigation subject to any limitations placed upon the investigation by the complaining party as indicated on the complaint form.  After the investigation is completed the administrator designee shall confer with the employee against whom the complaint has been lodged and shall give such person a full and fair opportunity to present his or her version of facts involved in the complaint as well as to be informed of the name of the complaining party, the allegations of the complaining party, the names of all corroborating or refuting witnesses as well as any statements or allegations made by any such witnesses which are known to the administrator, personnel director or the designee of either. 

Upon the conclusion of such investigation the administrator designee shall take such immediate and appropriate action as is required in his/her discretion within the bounds of the law.  

Nothing in this policy shall be construed to require the administrator or personnel director to take disciplinary action not within his or her legal authority.  In the event action is required, which by law would require Board action, the administrator shall undertake such proceedings as are required by law to bring before the Board such matters of proposed discipline involving the employee against whom the complaint was lodged.

The board by this policy also recognizes a desire to protect its employees against non-employees at the work place as well as to protect non-employees from employees at the work place.  The administrator shall from time to time as deemed appropriate address, the subject of sexual harassment with the employees of Educational Service Unit 7 by way to inservice training, memorandum, administrative regulation or any other method selected by the administrator or his/her designee to make known the contents and application of this policy.  While this policy shall not be construed to obligate Educational Service Unit 7 to take actions other than are required by law to prohibit and prevent sexual harassment in the work place, it is the spirit of this policy to undertake all reasonable effort to prohibit sexual harassment in the work place regardless of by whom it is perpetrated and regardless of by whom it is suffered.

It shall further be the policy of Educational Service Unit 7 to strictly prohibit use of any electronic medium including but not limited to the Internet, telephones, electronic mail, fax machines or any other means of communicating electronically in such a manner as to create a hostile working environment.  It shall be contrary to this policy to use any electronic medium for such purposes as but not limited to uttering profane messages, uttering sexually explicit or sexually innuendo oriented materials, soliciting romantic involvement, uttering obscene or offensive materials of a sexual nature in any manner.  It shall be the policy of Educational Service Unit 7 that this prohibition shall run as to all interpersonal communications district students served or under the direction of Educational Service Unit 7 personnel and this prohibition shall run to such persons whether or to prohibited communications as described in this paragraph arise to the legal standard of sexual harassment or not.

Nothing in this policy shall be construed to prevent the administrator designee from taking such remedial action as is in the best interest of Educational Service Unit 7 toward the goal of preventing sexual harassment of employees of Educational Service Unit 7 in the work place.


COMPLAINT AND CONSENT TO INVESTIGATE ALLEGATIONS OF SEXUAL HARASSMENT

Pursuant to its policy to prohibit and prevent sexual harassment, Educational Service Unit 7 provides this form to receive allegations of misconduct which have been suffered by an employee.  The allegations set forth in this complaint form will serve as the basis for an investigation to be carried out promptly.  In order to protect a complaining party's rights of privacy and in order to avoid disclosure of facts when such disclosure is not authorized by a complaining party this form permits you as a complaining party to authorize disclosure of the facts contained in this form as they be required in the sound discretion of the investigator.  This form also authorizes you to withhold certain facts set forth in this complaint in the course of an investigation.  You should be aware that limitations on disclosure of certain information contained in this complaint may hinder and in some cases prevent Educational Service Unit 7 from fully carrying out its policy to prohibit and prevent sexual harassment.  By signing Form B with limitation on the disclosure permitted, you should also understand that an investigation may not be possible due to due process limitations on Educational Service Unit 7.  Each employee of Educational Service Unit 7 has a right to his/her good reputation unless a full and fair opportunity to confirm allegations of misconduct is provided to such employee.  Your signature below will be deemed to be an acknowledgement on your part that you have fully read this complaint form as well as you have understood it.  Your signature on this form will further indicate that you have sought any professional or collegial advise you have deemed appropriate and that the allegations contained in this form have been voluntarily given and have neither been encouraged nor discouraged by Educational Service Unit 7.


                                                               COMPLAINT

Name (complaining party)  ________________________________________________________

Date of occurrence of events complained of  ___________________________________________

Nature of complaint.  Please set forth, in the space provided below, as much specificity and detail, the events of which you complain.

(Board Policy 1.22)
(Revised 2/18/2002)
(Revised June 18, 2012)

1.23 Services to Non-Member Schools

No service will be provided to a school district that has opted pursuant to Article 12 Educational Service Units Acts to remove itself from Educational Service Unit 7 or any other Service Unit unless a contract has been approved and signed by the board of the school district and the Board of Directors of Educational Service Unit 7.  Said school district cannot receive a service of any type until it has contracted to pay a subscription fee.  The subscription fee shall cover the contracting districts share of the Educational Service Unit 7 fixed costs plus a ten percent handling charge.  Once the subscription fee has been paid, the district may then contract for individual services by paying a service fee for each desired service.

The subscription fee will be calculated by adding the contracting districts valuation to the total Unit valuation to establish the districts percent of the total Educational Service Unit 7 valuation.  The fixed costs will be multiplied by that figure.  A ten percent handling charge will be added.  All subscription fee contracts will be for a three year period and will be signed by the contracting school district board and the Educational Service Unit 7 Board of Directors.

The service fee will be calculated by multiplying the Educational Service Unit 7 service area budget by the contracting school districts percent of total valuation.  A ten percent handling charge will be added.  (Special service cooperatives and other consortium programs are exceptions to the service fee as districts pay their share of the service).  All service fee contracts will be for a three-year period and will be signed by the contracting school district board and the Educational Service Unit 7 Board of Directors.

The Educational Service Unit 7 Board of Directors will contract for services with a school district not a part of the Service Unit system only if the service is currently being offered to Educational Service Unit 7 school districts and if providing the service does not require adding additional equipment or personnel beyond what the additional revenue would generate.  The Board of Directors will not place a financial burden on Educational Service Unit 7 school districts to provide a service to a non member district.

(Adopted December,1987)
(Revised April 15, 2002)
(Revised June 18, 2012)

1.23.01 Request for Service - Non-Member Schools

The process by which nonmember schools request services not presently provided by Educational Service Unit 7 shall be processed in the same manner as requests for such services by member school districts.

The request for existing services shall be accommodated within the bounds of applicable statutes.

The method of paying for services requested by nonmember schools shall be made in the manner as set forth in Educational Service Unit 7 Board Policies 1.23 and 1.24.

(Adopted December 19, 1988)
(Reviewed February 18, 2002)
(Reviewed June 18, 2012)

1.25 Material Disclaimer

Educational Service Unit 7, as a part of the services to the school districts it serves, acquires a variety of curriculum support materials.  Educational Service Unit 7 plays no part in determining curriculum for the school districts that use such materials, nor does it offer any guidance beyond what may be set forth by the publishers or authors of the materials themselves, as to the age appropriateness of, the use of, the legality of, or educational appropriateness of the use of such materials in that Educational Service Unit 7 has no control or supervision of any nature over any of the materials owned by Educational Service Unit 7 and circulated to the school districts in the Educational Service Unit area.  Educational Service Unit 7 accordingly assumes no responsibility of any manner for any use, intended or actual, of any resource materials belonging to Educational Service Unit 7 and used by any school district.

(Adopted January, 1988)
(Revised April 15, 2002)
(Reviewed June 18, 2012)

1.29 Students with Communicable and/or Infectious Diseases Attending Educational Service Unit 7 Regional Programs

Students will be excluded from school for the following communicable diseases.  Each of the communicable diseases listed below has a period for exclusion.
 
  1. Measles (Rubeola):  Students may return to school the fifth day after the onset of the rash.  The State Health Department must be notified immediately.  Students who are at risk of contracting the disease (who have not been adequately immunized against measles) will be excluded or served in another manner for the duration of the measles outbreak.
  2. Three day measles (Rubella):  Students may return to school seven days after the onset of the rash.  The State Health Department must be notified immediately.  Students who are at risk of contracting the disease (who have not been adequately immunized against rubella) will be excluded or served in another manner for the duration of the rubella outbreak.
  3. Mumps:  Students may return nine days after the onset of parotid swelling.  The State Health Department must be notified immediately.
  4. Chicken pox (Varicella):  Students may return to school seven days after the initial onset of the rash if all pox are dry and the student is symptom free.
  5. Shingles (Herpes Zoster):  Students may return to school after all lesions are dried.
  6. Steptococcal infection:  Students may return to school 24 hours after start of an antibiotic therapy regimen if body temperature is normal.
  7. Ringworm (Tinea Corporis), Impetigo, Scabies, and Pinkeye (Conjunctivitis):  Students shall remain out of school at least one day and until treatment has begun.  Students with mild tinea corporis, impetigo, scabies and conjunctivitis may be sent home at the end of the school day with instructions not to return until under a physician’s care.
  8. Head Lice:  Students shall be excluded from school until completion of first treatment and all nits (eggs) are removed.  Students with  head lice will be sent home with instruction not to return until after completion of the first treatment and removal of all nits.
  9. Herpes Simplex Virus:  Students having open skin lesions that cannot be covered with a dressing shall be excluded from school until the lesions are dried.
  10. Hepatitis A:  Students may be readmitted to school upon approval of their physician.
  11. Elevated Body Temperature:  Students with temperatures over 100 degrees shall be sent home from school.  Body temperature must be normal for 24 hours before returning to school.
  12. Hepatitis B and Human Immunodeficiency Virus (HIV) also referred to as Aids Related Complex (ARC) and Acquired Immune Deficiency Syndrome (AIDS):  Determination of the school attendance status of a student with Hepatitis B or HIV/ARC/AIDS will be case by case basis.

If the Educational Service Unit 7 administrator, Educational Service Unit 7 program  supervisor or the superintendent of the student’s district of residence receives information that a student attending any Educational Service Unit 7 regional program has become infected with Hepatitis B or HIV, the superintendent of the student’s district of residence shall contact the parents of the student to determine if they wish their child to continue to receive educational services as currently being provided under his/her Individual Educational Program.

If the student is to continue to be served by the Educational Service Unit 7 regional program, the Educational Service Unit 7 administrator shall immediately convene a planning team which shall prepare recommendations needed to appropriately accommodate the student in his/her current placement.  The planning team shall include, but not be limited to the following persons:
 
  1. The student’s parents or guardians.
  2. The student’s representative (at the option of the parents).
  3. The student’s physician.
  4. The Educational Service Unit 7 administrator or designee.
  5. The Educational Service Unit 7 program supervisor.
  6. The Educational Service Unit 7 attorney.
  7. The superintendent of the school district housing the regional program.
  8. The superintendent of the student’s school district of residence.
  9. The student’s teacher or teachers.
  10. The Educational Service Unit 7 medical representative (at the option the Educational Service Unit 7 Administrator).
  11. The consultants representing the Nebraska State Departments of Health and Education.

The planning team shall:  (1) Receive a medical overview of the student’s condition; (2) Consider the nature of the risk (how the disease is transmitted); (3) Consider the severity of the risk (the potential harm to third parties); (4) Consider the behavior and neurological development of the student; (5) Consider the student’s interaction with staff and other students; (6) Consider the desires and needs of the student and his/her family.

The planning team shall generate recommendations for serving the student for the teachers, the program supervisor, other students, the administrator of the school housing the regional program, the superintendent of the student’s school district of residence and the custodians.  The planning team shall generate recommendations concerning the restroom facilities, lunchroom facilities, transportation, public relations and any emergency procedures.  Should the planning team recommend a change in the current IEP or IFSP, and IEP or IFSP team meeting shall be convened immediately.  

It is the goal of Educational Service Unit 7 that all Hepatitis B and HIV/ARC/AIDS affected students be able to attend regional programs and participate in activities in an unrestricted setting so long as such attendance and participation would be reasonable.  However, exceptions will be made for students with neurological impairments or developmental delays resulting in a lack of control over body fluids and displays of behavior such as biting, or students who have uncovered oozing lesions.

The privacy of the student and his/her family must be protected and the knowledge that a student has a communicable condition should be confines to persons with a direct need to know basis unless parental authorization is obtained to waive privacy rights.  If it becomes necessary to inform others, these persons will be provided with information concerning the necessary precautions and will be informed of confidentiality rights and privacy requirements.

(Adopted April, 1990)
(Reviewed February 18, 2002)
(Revised June 18, 2012)

1.30 Safety and Health Policy Statement

Accidents are undesirable, unplanned occurrences which can be prevented and which often result in bodily harm, loss of schooltime, property damage, expensive legal action and even death.

Thus, it shall be the policy of Educational Service Unit 7 to take every reasonable precaution for the safety of the students, employees, visitors and all others having business with this Educational Service Unit.

The Board of Directors and this system’s administrative staff believe that safety education and accident prevention are important to everyone concerned with our Educational Service Unit; not only as a protective measure during working 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 a loss control program designated to apply a systematic approach to preventing on-the-job injuries and illnesses.  Cooperation by all employees is expected in our effort to make our Educational Service Unit a safe place to work and learn.

Legal References:
Nebraska Statutes 48-443 to 48-446,Revised 1993 Supplement
Nebraska Regulation:  TITLE 230 (Department of Labor)
Chapter 6 (Workplace Safety Consolation Program)

(Adopted March 1994)
(Revised April 15, 2002)
(Reviewed June 18, 2012)

1.31 Internet Safety and Acceptable use Policy

A. Internet Safety Policy

It is the policy of Educational Service Unit 7 to comply with the Children’s Internet Protection Act (CIPA).  With respect to Educational Service Unit 7 computer network, Educational Service Unit 7 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 Educational Service Unit 7 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 Educational Service Unit 7 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 Administrator and the Administrator’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.


A.  Computer Acceptable Use Policy

This computer acceptable use policy is supplemental to Educational Service Unit 7 Internet Safety Policy.

  1. Technology Subject to this Policy. This Computer Acceptable Use Policy applies to all technology resources of Educational Service Unit 7 or made available by Educational Service Unit 7.  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 Educational Service Unit 7 technology resources is a privilege and not a right.  The Administrator 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 Administrator determines appropriate.  Parents and guardians of students in programs operated by Educational Service Unit 7 shall inform the Administrator or designee in writing if they do not want their child to have access. 
  3. The Administrator and designees are authorized and directed to establish and implement such other regulations, forms, procedures, guidelines, and standards to implement this Policy. 
  4. The technology resources are not a public forum.  Educational Service Unit 7 reserves the right to restrict any communications and to remove communications that have been posted.
  5. Acceptable Uses.  The technology resources are to be used for the limited purpose of advancing the Educational Service Unit 7 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.  
  6. Unacceptable Uses.    
  7. 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 Administrator or designee determines to ultimately facilitate the mission of Educational Service Unit 7 is not prohibited by this provision. Examples of occasional use that may be determined to ultimately facilitate the mission of Educational Service Unit 7: 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 Educational Service Unit 7 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 Administrator or designees may further define such rules. 


e.    Other Policies and Laws:  Technology resources shall not be used for any purpose contrary to any Educational Service Unit 7 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 Educational Service Unit 7 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. Educational Service Unit 7 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. Educational Service Unit 7 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, Educational Service Unit 7 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 Educational Service Unit 7 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 Administrator.  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 Educational Service Unit 7 computers or Internet system. All technology equipment shall be used under the supervision of the Administrator and the Administrator ‘s designees.

8.    Sanctions.  Violation of the policies and procedures concerning the use of Educational Service Unit 7 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)

(Adopted June 18, 2012)

Educational Service Unit 7

    ACCEPTABLE USE OF COMPUTERS AND NETWORKS


    ADMINISTRATORS, FACULTY AND STAFF AGREEMENT

In order to make sure that all members of the Educational Service Unit 7 community understand and agree to these rules of conduct for use of the e-mail and Internet systems of Educational Service Unit 7, Educational Service Unit 7 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 Educational Service Unit 7, and I understand and will abide by those district guidelines and conditions for the use of the facilities of Educational Service Unit 7 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 Educational Service Unit 7, any of its employees, or any institution providing network access to Educational Service Unit 7 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.


[School’s Name] 
Addition to Student Code of Conduct



    ACCEPTABLE USE OF COMPUTERS AND NETWORKS


STUDENT’S AGREEMENT

In order to make sure that all members of [School’s Name] community understand and agree to these rules of conduct, [Name] 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 [School’s Name], and I understand and will abide by those district guidelines and conditions for the use of the facilities of [School’s Name] 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.



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.



[School’s Name]
Addition to Student Code of Conduct
Appendix “3”

ACCEPTABLE USE OF COMPUTERS AND NETWORKS


PARENT’S AGREEMENT

In order to make sure that all members of [School’s Name] 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 [School’s Name].  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 [School’s Name] responsible for materials acquired or sent via the network.

I agree not to hold the [School’s Name], any of its employees, or any institution providing network access to [School’s Name] 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.

Division II - Administration

2.01 Budget

The Administrator and staff shall prepare a preliminary budget on or before September 1 of each year. The preliminary budget shall be submitted to the Administrator for his/her approval and the Administrator will present to the Board for review and approval before such preliminary budget is advertised.

The Board will adopt a final budget at the yearly budget meeting (date to be determined each year by the Board) and the administrator with the assistance of the Business Manager shall certify the adopted budget along with the adjusted cents on the dollar request to raise the amount budgeted to the respective counties in the Educational Service Unit 7 on or before the final date set forth by law. The request shall not exceed the amount allowed by law.

The Board may revise the operating budget during the year as deemed necessary. The fiscal year shall be from September 1 to August 31.

The service cooperatives and other consortium program budgets are a part of the general Educational Service Unit 7 budget and as such must have Educational Service Unit 7 Board approval each year and will be audited in the same manner as the Educational Service Unit 7 budget account.

The Administrator is empowered to administer within the confines of the budget and routine expenditures may be made within these confines. All purchase orders originating from the Educational Service Unit 7 shall bear the Administrator’s signature or authorized designee.

Summary of the proposed annual budget shall be published one time in the legal newspapers with general area circulation in each county in the Educational Service Unit 7 area at least 10 days prior to the scheduled budget hearing.

(Revised February 21, 1983)
(Revised June 17, 2002)
(Revised July 16, 2012)
(Revised October 20, 2014)
(Revised October 17, 2016)

2.02 Use of Facilities and Equipment

Employees of Educational Service Unit 7 are authorized to use the building facilities and equipment for educational activities that are directly related to the performance of employees designated job duties with ESU 7 or shared services across ESU boundaries per state guidelines.

Since ESUs are created to serve school districts, all facilities and equipment of the Educational Service Unit 7 shall be used for the sole purpose of providing services to the member districts. 

K-12 schools, colleges, and universities may use the ESU 7 facility without filing a certificate of insurance indicating liability coverage providing the facility is not booked for Educational Service Unit 7 business.  ESU 7 employees may call meetings of groups other than K-12 schools, colleges and universities for the purpose of conducting ESU 7 business.  

All other education-related groups must file a certificate of insurance indicating coverage for liability and shall file a completed Contract for use of Facilities prior to the event fpr approval by the ESU 7 Administrator.  

(Adopted December 17, 1984)
(Revised September 18, 1994)
(Reviewed March 18, 2002)
(Reviewed July 16, 2012)
(Revised January 16, 2017)

2.03 Payment for Supplies and Bidding

Authorized Purchases :
 

Educational Service Unit 7 shall purchase only those goods and services in the manner authorized by applicable law.

Goods and Services:

If the estimated cost of the items or services in question are greater than ten thousand dollars ($10,000) but less than one-hundred thousand dollars ($100,000) and do not involve items of capital construction requiring architectural or engineering services, the Administrator is authorized to acquire such items or services without competitive bidding, but shall be required to obtain a minimum of two (2) price quotations, if obtainable.

The purchase will be made from the lowest responsible bidder based upon total cost considerations including, but not limited to, the cost of the goods and services being purchased, availability of service and/or repair, delivery date, the targeted small business procurement goal and other factors deemed relevant by the Board.

Construction; Remodel; Repair:

Competitive sealed bids are required when expending public funds for the construction, remodeling or repair of any ESU -owned building for site improvements, other than emergency purchases, in which the cost is $100,000 or more. The sealed bids shall be opened in public on the date and hour as advertised.

The award of construction contracts will, generally, be made to the lowest responsible bidder. The Board, in its discretion, after considering factors relating to the construction, including, but not limited to, the cost of the construction, availability of service, and/or repair, completion date, and any other factors deemed relevant by the Board, may choose a bid other than the lowest bid. Resident bidders of the State of Nebraska may be given preference over nonresident bidders in some instances according to state statues. The Board shall have the right to reject any or all bids, or any part of the bids, to waive informalities, and to enter into the contract or contracts deemed to be in the best interests of the ESU.

It shall be the responsibility of the Administrator to make recommendation accompanied by supportive reasoning to the Board for construction contract bids.

The ESU will require the successful bidder to submit a labor and material payment bond for an amount not less than the contract price on any project with a total cost or moree than $100,000.

Tax Exempt Purchases:

The Educational Service Unit 7 shall not make sales tax exempt purchases for the purpose of resale to individuals or organizations not specifically allowed by law.


(Adopted May 16, 1983)
(Revised June 17, 2002)
(Revised July 16, 2012)
(Revised June 15, 2015)
(Revised August 15, 2016)

 

2.04 Audit

A complete and comprehensive annual audit of the books, accounts, records and affairs of Educational Service Unit 7 shall be made by the direction and under the supervision of the Auditor of Public Accounts.  A copy of such audit shall be provided to each Board member.

(Adopted May 16, 1983)
(Reviewed March 18, 2002)
(Reviewed July 16, 2012)
(Reviewed September 19, 2016)

2.05 Income

The financing of Educational Service Unit 7 and its programs:  The basic budget of Educational Service Unit 7 is based upon the amount of money that can be raised by not exceeding state levy and budget limitations on all property except intangible property within its geographical unit and appropriated state aid to core services.  This is an autonomous tax in that it is levied by the Board of Educational Service Unit 7 upon the Educational Service Unit 7 as a whole in order to provide supplementary educational services to the local school districts.

Services will be rendered in accordance with the ability of Educational Service Unit 7 to finance programs based on available revenues.

Additional funds may be received from contracting school districts paying their share for services on a pro-rata basis.  Such funds will only be used for services to the contracting school districts.

Funds from private, state, and federal levels are also available for special programs.  Educational Service Unit 7 may also apply for and implement funds from these sources.

(Adopted May 16, 1983)
(Revised June 17,2002)
(Revised July 16, 2012)

2.06 System of Accounts

The accounting systems and procedures for the Educational Service Unit 7 shall be set up so as to conform to existing guides from the State Department of Education.  The Administrator will confer with appropriate specialists of the State Department of Education, State Auditor’s Office, Educational Service Unit 7 Auditors and any other knowledgeable persons or groups in achieving that objective.

(Adopted May 16, 1983)
(Revised June 17, 2002)
(Reviewed July 16, 2012)
(Revised September 19, 2016)

2.07 Investing

The Board shall authorize the Treasurer in conjunction with the Administrator to invest such portion of general fund monies as they may determine in special time deposit accounts, repo pools or certificates of deposit in a bank or trust company located and authorized to do business in this state, provided however, that such time deposit accounts repo pools or certificates of deposit, shall be payable within such time as the proceeds shall be needed to meet expenditures for which such monies were obtained and provided further that such time deposit account, certificate of deposit or repo pool be secured by a pledge of obligations of the United States of America or obligations of the State, in excess of the FDIC insurance limit.

(Adopted May 16, 1983)
(Revised June 17, 2002)
(Revised July 16, 2012)

2.08 Insurance and Bonding

The Educational Service Unit 7 treasurer shall give bond or evidence of equivalent insurance coverage, payable to the board, in such sum as the board shall determine conditioned for the faithful performance of the duties as treasurer of the board and for the safekeeping and proper disbursement of all funds of the board collected or received by him or her.  Such bond shall be signed by a corporate surety company or insurance company authorized to do business within this state.  Such bond or insurance coverage may be enlarged at any time the board deems such enlargement necessary or advisable.  The cost of such bond or insurance coverage shall be paid out of funds of the board. 

An insurance program shall be maintained to cover workman’s compensation and the liability of the Board for property and vehicles owned by the Educational Service Unit 7.  The program shall include coverage for the liability of the Board for the actions and safety of the employees.

The insurance and bonding program shall be reviewed at the beginning of each fiscal year and at other times the Board deems necessary.

(Adopted May 16, 1983)
(Revised June 17, 2002)
(Revised July 16, 2012)
 

2.09 Expenditures

It is the policy of the Educational Service Unit 7 Board that the administration strictly observe the letter and the spirit of all laws and regulations relating to purchases by the Educational Service Unit 7 and to the control of its finances and property.

Within the framework of applicable law and regulations, purchases and use of materials and manpower shall be accomplished in accordance with good business practices with the primary purpose of serving the program of instruction.

The Board holds the Administrator directly responsible for carrying out this policy, and toward that end, the Administrator shall detail the procedures for executing this policy in written administrative directives.

The Administrator or designee shall issue purchase orders for all items purchased and no claim shall be honored for any items purchased unless a purchase order or authorization has been previously issued by the Administrator or designee.


(Adopted May 16, 1983)
(Revised July 15, 2002)
(Revised July 16, 2012)
 

2.10 Purchasing Guidelines

All items excluding consumables purchased with Educational Service Unit 7 funds must have a purchase order.

Each department secretary will issue Purchase Orders and place them on file.

Upon budget approval, the Administrator/designee becomes responsible for expenditures within this/her budget area(s) subject to administrative approval.  The Administrator/designee will authorize the issuance of all purchase orders for his/her department(s) and Administrator /designee will initial approval and P.O. will be processed.  In the administrator’s absence the accountant is authorized to sign P.O.’s.

Invoices will be signed by department directors or person they have designated.  A signature indicates the material has arrived, is acceptable and payment can be made.  A copy of the P.O. will be attached to the invoice for payment.  Payment is released after board approval.


(Adopted May 16, 1983)
(Revised June 17, 2002)
(Revised July 16, 2012)
 

2.10.01 Payment of Bills Prior to Board Authorization

Although it is the policy of the Educational Service Unit 7 Board that claims be subject to Board review prior to the expenditure of funds, in certain cases the application of this policy is not practical or desirable for certain categories of expenditures, including the following, but not limited to:

•    Rent, utilities, building services and equipment leases, which are recurring in nature and subject to contract;

•    Credit cards, including vendor credit cards where finance charges are avoided with prompt payment;

•    Expenses written from the Administratior Inservice account such as memorials, postage, etc.;

•    Employee benefits, payroll taxes and expense reimbursements;

•    Conference registrations;

•    Grant closeouts;

•    Payments under annual contracts approved by the Board and for which funds are budgeted by the Board on an annual basis where payments to vendors with respect to such contracts cannot be preapproved by the Board because of an immediate need for services;

•    Reissued checks to correct errors on checks previously written.

The Administrator, or his delegate, is authorized to approve such expenditures prior to Board review, but all such expenditures shall be reported to the Board for review and approval at the next regularly scheduled board meeting.

(Adopted October 15, 2012)
 

2.11 Quantity Purchasing

Standardization of Supplies and Equipment –

To help achieve both quality control and the price advantages of quantity purchasing, the administration is encouraged to:

 

  1. Set specification for goods and services as needed.
  2. Cite several existing, commercially available “standard brands” that meet those specifications acceptably as examples.
  3. Invite vendors to submit estimates on those examples, or comparable ones which the vendors believe to be acceptable according to the specifications.

 

Nothing in this policy will prevent the administration from deviating from it when, in its judgment, circumstances warrant.

(Adopted May 16, 1983)
(Revised June 17, 2002)
(Reviewed July 16, 2012)
 

2.12 Purchase Exceptions

Competitive bidding is not considered practicable in connection with emergency purchases, minor purchases, or in the event there is only one satisfactory supplier or in any case where experience has shown that actual competitive bidding is not feasible.

(Adopted May 16, 1983)
(Revised June 17, 2002)
(Reviewed July 16, 2012)
 

2.13 Business

Reimbursement of Expenses –

Educational Service Unit 7 will pay for legitimately incurred expenses of employees and Board members at current rates established by the administration and approved annually by the Board.  All employee travel must be pre-approved by the Administrator or his/her designee using the Educational Service Unit 7 travel request process.

Board member expenses must be authorized by the Board.

The administration of the Educational Service Unit 7 is hereby directed to develop and annually review the procedures to be followed and the rules which apply to reimbursement.

Employee reimbursement is to be made strictly according to the current rules and if so done are simply a matter of routine business matters.

(Adopted May 16, 1983)
(Revised June 17, 2002)
(Reviewed July 16, 2012)

2.14 Disposition of Materials and Equipment

All materials and equipment purchased by Educational Service Unit 7 for the provision of any service remains the property of Educational Service Unit 7. The Board of Educational Service Unit 7 shall make all decisions as to the disposition of inventoried and cataloged items no longer needed for providing services, or if the service is discontinued.

(Adopted May 16, 1983))
(Reviewed March 18, 2002)
(Reviewed July 16, 2012)
(Reviewed June 15, 2015)

2.15 Guidelines for Selections of Media Center Materials

While the Board of Educational Service Unit 7 is legally responsible for all matters pertaining to the operation of Educational Service Unit 7, the responsibility for selection of media materials is hereby delegated to the professionally trained media center personnel employed by the Board.  They, in turn, will make use of the specialized knowledge of other Educational Service Unit 7 staff members and staff members if the Educational Service Unit 7 area schools.

Instructional materials to be circulated to area schools from the media center shall be considered for purchase on the basis of the following guidelines:

  1. Evaluation of school surveys initiated by Educational Service Unit 7 media staff requesting information on general and specific areas of the curriculum that could be strengthened by media center materials.
  2. Review and evaluation of specific items that are requested by area school teachers and/or Educational Service Unit 7 personnel.
  3. Importance of the subject matter to the curriculum studied by area schools.
  4. Provisions for a wide range of materials on all levels of difficulty, a diversity of appeal and different points of view.
  5. Timeliness of content.
  6. Provisions of materials in formats appropriate to the instructional application.
  7. Superior quality of production.
  8. Authoritativeness and reputation of producers and distributors.

Gift materials will be accepted by the Educational Service Unit 7 media center if they are determined to be of educational value and morally fitted to school usage.  Gift materials become the property of Educational Service Unit 7 and Educational Service Unit 7 will accept no gift material with conditions attached.

(Adopted July 18, 1983
(Revised June 17, 2002)
(Reviewed July 16, 2012)
(Reviewed June 15, 2015)

2.16 Procedures for Challenging the Suitability of Media Center Materials

Despite the care taken to select suitable instructional materials for teachers and student use, objections from individuals or groups may arise.  If objections to materials are raised, the following procedures will be followed.

  1. The complainants may obtain a copy of a “Request for Reconsideration of Media” form from their local school, provide the information asked for or the form, and send the form to the Media Coordinator of Educational Service Unit 7.
  2. Upon receiving the request for reconsideration of media, the Media Coordinator will notify the Educational Service Unit 7 Administrator and an evaluation of usage data and pending orders will be made to determine whether the challenged material should be withdrawn from circulation while awaiting review.
  3. The initial review of the questioned material will be made by the following review committee

a. The Educational Service Unit 7 Administrator
b. An Educational Service Unit 7 Board Member to be named by the Board
c. The Educational Service Unit 7 Media Coordinator
d.The Educational Service Unit 7 Director of Special Education
e. An Educational Service Unit 7 Staff Development Coordinator

The purpose of this committee will be to determine the validity of any complaint that challenges the moral and/or ethical qualities of the material in question.

4.    On the recommendation of the initial review committee, the questioned material will be studied by an area wide committee composed of the following members:

a. One parent from the school where the complaint was raised.  This parent shall have a youngster who is involved in a class which has observed the challenged material.  The local superintendent of schools shall select this parent.
b. One parent from another Educational Service Unit 7 school.  This school will be selected by the Educational Service Unit 7 Administrator.  The superintendent of the chosen school shall identify a parent who has a child of the school age which would normally view the questioned material.
c. The Educational Service Unit 7 Media Coordinator
d.  A school superintendent to be selected by the Advisory Council
e.  A school teacher in the learning discipline which would normally use the questioned material.  This teacher is to be selected by the Educational Service Unit 7 Advisory Council.

5.    The area wide committee recommendation will be relayed to the complainant and to the Administrator of Educational Service Unit 7.  If either is not satisfied, the matter will be referred to the Educational Service Unit 7 Board who will act as arbiters in the matter.


(Adopted July 18, 1983)
(Revised June 17, 2002)
(Revised July 16, 2012)


Request for Reconsideration of Media


Complaint Initiated by _____________________________________________________

Address_________________________________________________________________

Zip_______________________Telephone_____________________________________

Complainant represents:  Self ____________  Group or Organization _______________

Name of Group or Organization______________________________________________

Title of Media Item________________________________________________________

Educational Service Unit 7 catalog number of item_______________________________

School at which item in question was used_____________________________________

Have you had opportunity to review entire content of the material?  Yes_____ No_____

Please State specific objection: ______________________________________________


IIs there other material you would recommend to replace this item? ________________________________________________________________________________________

TO THE SCHOOL:  In case of a media material challenge, please photocopy this page and give it to the complainant.

2.16.01 Sensitive Materials

Materials dealing with sensitive areas such as child abuse, drugs and alcohol, sexual relations, and various diseases are in the current collection and items are being added.  In order to respect local policies concerning these types of materials, Educational Service Unit 7 will follow this procedure:


a.    Items will be listed in the media catalog – notation - Sensitive Subject Content.

b.    Each item will be clearly marked.  “Sensitive Subject Content – Preview before using with students.”

c.    List of such items will be distributed to administrators annually.

(Adopted September 16, 1985)
(Reviewed October 20, 1997)
(Reviewed March 18, 2002)
(Reviewed July 16, 2012)

2.17 Public Complaints

The board recognizes that concerns regarding the operation of the Educational Service Unit will arise.  The board further believes that constructive criticism can assist in improving the quality of the education program and in meeting individual student needs more effectively.  The board also places trust in its employees and desires to support their actions in a manner which frees them from unnecessary or unwarranted criticism and complaints.  

Procedures for dealing with complaints concerning programs or practices should be governed by the following principles:


•    Where action/investigation is desired by the complainant, or where it seems appropriate, the matter should be handled as near the source as possible;
•    Complaints should both be investigated and, if possible, resolved expeditiously;
•    Complaints should be dealt with courteously and in a constructive manner; and,
•    Individuals directly affected by the complaint should have an opportunity to respond.
 

The board, consistent with its board policy-making role, will deal with complaints concerning specific programs or procedures only after the usual channels have been exhausted.  Complaints regarding employees will follow the more specific Policy 3.22.01 Public Complaints about Employees.

When a complaint requiring attention is received by the board or a board member it will be referred to the administrator.  After all of the channels have been exhausted, any complainant wishing to appeal to the board shall appeal in writing.  However, the board will only directly consider appeals dealing with policies, procedures and programs.  Any complaints involving employee issues will be passed on to the board’s legal counsel to determine whether district policies and procedures were followed by the administrator in attempting to resolve the conflict.


(Adopted May 17, 2010)
(Reviewed July 16, 2012)

Division III - Staff Members

3.01 Term of Non-Certificated Contracts

Contracts shall be offered to non-certificated staff within sixty (60) days of current contract term, staff members shall have thirty (30) days to sign and return the contract.

(Revised January 21, 1985)
(Reviewed May 20, 2002)
(Revised August 20, 2012)
(Revised May 18, 2015)

3.02 Use of Educational Service Unit 7 Facilities - Outside Employment

Employees of Educational Service Unit 7 are authorized to use the building facilities and equipment for educational activities that are directly related to the performance of employees designated job duties with the Unit. Employees may engage in gainful employment outside the Educational Service Unit provided such employment does not interfere with contracted responsibilities to the Educational Service Unit, does not duplicate services provided by the Educational Service Unit, and does not involve the utilization of Educational Service Unit facilities, equipment or materials.  Educational Service Unit 7 employees will not use Educational Service Unit 7 equipment, materials, or staff time in preparation of or in the conduct of activities outside Educational Service Unit 7 for which the employee will be paid for such activity with the exception of shared services across Educational Service Unit boundaries per state guidelines.

All programs, research and accompanying fundings, software and materials which were sponsored and/or funded by or through Educational Service Unit 7, become the sole property of Educational Service Unit and will not be utilized by staff for personal gain.

Secondary employment should not duplicate, replace or interfere with services provided to school districts by the Educational Service Unit .

Employees shall not perform duties related to an outside job or receive compensation for services performed during non-vacation regular work hours.

Employees shall not solicit clients for their private practice or distribute advertising as part of their Educational Service Unit employment.

To adequately respond to the staff development and instructional requests of districts, professional staff may be involved in activities related to their designated Unit duties.

a.  Courses are offered only if they meet a need identified by a district or the Educational Service Unit and if they are not in competition with offerings of other colleges and universities.  Courses will be submitted to the Educational Service Unit 7 Board for approval on an annual basis by the Administrator or by his/her designee.
b.  Courses taught during regularly scheduled contract time are taught without additional pay.  Courses taught off contract (evenings, weekends, summer) can be offered for additional pay.
c.  Instructors for all staff development courses will be selected by the designated staff member in charge of the program with Administrator approval.  Personnel may be employed by the Board of Directors and receive compensation as instructors for courses that do not conflict with contractual obligations.

Unit facilities and equipment may be used, at the discretion of the administrator, for these activities.

The Educational Service Unit 7 Board requires that a facility rental/use agreement form be completed and placed on file for all activities that are conducted in the Unit facility for which an employee is paid by a source other than Educational Service Unit 7 funds or for an outside organization using the Educational Service Unit 7 facility.  Waiver of a rental fee for the use of the Educational Service Unit 7 facility will be determined by the nature of the activity.  No fee will be charged for activities that are directly related to the services of the Unit as identified by the advisory committee and approved by the Educational Service Unit 7 Board.  Educational Service Unit 7 employees shall not use Educational Service Unit 7 facilities for private gain outside of the mission of the organization.  The Educational Service Unit 7 Board will, on an annual basis, establish facility rental fees for the use of Educational Service Unit 7 facilities and or equipment.  

The Educational Service Unit 7 Board considers secretarial services for hire, a legitimate service of Educational Service Unit 7.  School districts requesting secretarial service shall pay for such service directly to the employee performing the service.  The Educational Service Unit 7 Board gives the Educational Service Unit 7 secretarial staff permission to perform such service and grants the rights to use Educational Service Unit 7 equipment.  The service shall be for Educational Service Unit 7 school districts only and shall not be performed for individuals.  All materials consumed shall be paid to Educational Service Unit 7 by the school district.  This service shall be provided outside the employees regular work hours.  The fee shall be uniform and will be established annually at the August meeting.


(December 17, 1984)
(Revised September 16, 1991)
(Revised May 15, 1995)
(Revised July 15, 2002)
(Revised August 20, 2012)

3.02.01 Loan Policy

As a public service, Educational Service Unit 7 will loan selected items for use by individuals, educational, civic or service organizations and non-profilt activities. Schools have priority of use of all Educational Service Unit 7 items.

Guidelines:

  1. Items may not be requested more than 45 days in advance.
  2. Items will be loaned only to an adult representative.
  3. The person to whom the item is given will be held responsible for the cost of repair or replacement for damages sue to carelessness, theft, abuse or improper use.
  4. The Educational Service Unit 7 reserves the right to cancel and/or refuse requests if the materials are not to be used for educational purposes.
  5. Arrangements for pickup and delivery are the sole responsibility of the borrower.
  6. The items will be returned with two (2) working days after the date of use.
  7. Limited to items not commercially available.
  8. Limited to items with appropriate usage rights.

Rationale -

This policy will increase the utilization of Educational Service Unit 7 resources to meet the educational needs of our area. It would provide an opportunity to foster good public relations through providing a service to the community.

Loan of Educational Service Unit 7 items must be by the Educational Service Unit Administrator.


(Adopted June 16, 1986)
(Reviewed May 20, 2002)
(Revised August 20, 2012)

3.03 Health Insurance

Qualifying Employees:

Health insurance is available to employees (.40 FTE and above) of Educational Service Unit 7 beginning the 1st day of the first full month after hire. The cost of health insurance is a shared responsibility between the Board and qualified employee groups.

The Board and the Special Education Certificated Staff Association negotiate the amount of the premium that Educational Service Unit 7 will pay for the health insurance provided by the selected carrier.  The premium amount paid by Educational Service Unit 7 for members of this Association for health insurance shall be available to the qualified employee groups 

Health insurance will be made available through Section 125 of the Internal Revenue Code.

Qualifying Board Members:

Health insurance is available to Board Members of Educational Service Unit 7 beginning the 1st day of the first full month following the Board Meeting where the Board Member is sworn in. The cost of health insurance is the personal responsibility of the Board Member.

Insurance subgroup participation is determined by action of the Board. The Board then participates in that premium for health and dental insurance by the selected carrier.


(Revised July 16, 1990)
(Revised December 15, 2008)
(Revised August 20, 2012)
(Reviewed August 20, 2012)
(Revised June 19, 2017)

3.03.01 Long Term Disability Insurance

Long Term Disability Insurance is provided to qualified employee groups members of the Educational Service Unit 7’s Board shall determine the carrier and maximum salary amount of coverage available.  Each employee will have the premium cost of Long Term Disability added to and deducted from their salaries so that benefits earned are tax free to the employee.

(Adopted April 21, 1986)
(Revised December 15, 2008)
Revised August 20, 2012)

3.03.02 Consolidated Omnibus Reconciliation Act (COBRA)

COBRA applies to employees who are covered under a group health insurance plan and then become ineligible for further coverage under that plan because of one of six events.  These events, called “qualifying events”, include:  (1) death, (2) “termination (other than by reason of such employee’s gross misconduct), or reduction of hours, of employment”, (3) divorce or legal separation, (4) becoming entitled to Medicare benefits, and (5) a dependent child reaching the maximum age for coverage and (6) retirement.

When a covered employee is terminated, he/she is entitled under COBRA to continued coverage under the group health plan at a premium of not greater than 102% of the regular premium rate.  This right continues for eighteen months after the termination as long as the employee does not fail to pay his/her premium, become a covered employee under any other group health plan, or become entitled to Medicare benefits, and as long as the employer does not terminate the group health plan entirely. Employees who are entitled to continued coverage under one of the five other qualifying events are entitled to continued coverage for thirty-six months after their qualifying event.  Employees must be offered a conversion period if a conversion option is otherwise generally available under the group health plan.

At the time of commencement of coverage under the plan, the employer will notify the third party administrator to send a written notice to the covered employees and their spouses.  When the qualifying events occur, the employer will notify the plan administrator of the event within thirty days.  If the qualifying event is one of divorce, legal separation, or the aging of a dependent child, the employee is the one who has the duty to notify the plan administrator.

A notice of termination will be sent to the employee, as under state law, and to the plan administrator, as under federal law.


(Reviewed May 20, 2002)
(Revised August 20, 2012)
 

3.04 Sick Leave

Qualified employees shall be granted twelve 12 days (96 hours) of sick leave per year, 1 per fulltime month worked, prorated by FTE. At the end of each contract year any unused sick leave may be accumulated to a maximum of 40 days (320 hours). 

Sick leave can be taken for the employee and immediate family (mother, father, spouse, children, and grandparents). The employee's Supervisor will approve all other requests for sick leave, on a case-by-case basis.

This policy excludes Special Education certificated staff who are covered by negotiated Master agreement.


(Adopted July 18, 1983)
(Revised July 15, 2002)
(Revised December 15, 2008)
(Revised August 20, 2012)
(Revised January 18, 2016)
(Reviewed November 21, 2016)
 

3.05 Personal Leave

 

Qualifying employee may be allowed up to 2 days (16 hours) personal leave each year, prorated by FTE.  Personal leave is not accumulative.  The immediate supervisor will approve personal leave requests.  

This policy excludes Special Education certificated staff who are covered by negotiated Master Agreements.


(Adopted July 18, 1983)
Revised July 15, 2002)
Revised December 15, 2008)
(Revised August 20, 2012)
(Reviewed November 21, 2016)

3.05.01 Leave of Absence Policy for Professional Growth (Sabbatical)

 
A.    Leave of Absence for Certificated Staff for Professional Growth shall include:

1.    A program of study or training such as college attendance, research, publishing, or other academically oriented programs.
2.    An opportunity for travel which will include an approved plan for professional growth.
3.    Employment in an educationally related position such as consulting or college teaching.
4.    Other opportunities which will directly relate to programs of Educational Service Unit 7 and will enhance the professional growth and development of the employee.

B.    Leave of absence for professional growth may be granted subject to the following terms and conditions:

1.    The employee will have been satisfactorily employed by Educational Service Unit 7 for 5 years.
2.    A suitable replacement can be found to fill the position during the employee’s absence.
3.    The employee will submit a written request for leave of absence to the Unit Administrator.
4.    Leave may be granted for one semester, or one school year, or other defined period up to one school year.
a.    Requests for leave should be submitted in written form no later than February 15 of the year preceding the school year for which the request is made.
b.    One semester requests should be submitted by February 15 for the first semester or August 15 for the second semester.
5.    Requests for leave will be reviewed by a committee composed of the Director of Special Education, and the Unit Administrator.  The Unit Administrator will make the final recommendation to the Board.  Final approval for Leave of Absence will be made by the Educational Service Unit 7 Board.

C.    Employees granted leave of absence for professional growth will be subject to the following rights and benefits:

1.    The number of sick leave days accrued prior to leave of absence will remain the same when the employee returns.
2.    Each employee on leave will receive credit towards salary increment as if the employee had remained in his/her position (leave after 6, get credit for 7 during year’s leave, come back on 8).
3.    Educational Service Unit 7 will not pay the cost of designated health insurance benefit.  The employee on L.O.A. will be afforded the opportunity to continue to participate in the Unit’s group health plan, however, premiums will be paid by the employee.
4.    The employee on leave of absence would not advance in seniority while on leave but would retain seniority status held preceding the leave.

D.    Other considerations:

1.    The Board Policy of Reduction in Force will apply to employees on leave.
2.    The employee returning from L.O.A. will be returned to a position but given that the position was not involved in a Reduction in Force, it can not be guaranteed that it will be the same position as the employee had prior to going on Leave of Absence.

(Adopted May 20, 1991)
(Revised July 15, 2002)
(Revised August 20, 2012)

3.06 Annuity Program

Educational Service Unit 7 agrees to participate in tax sheltered annuity programs as per applicable law.  

(Adopted July 18, 1983)
(Reviewed May 20, 2002)
(Reviewed August 20, 2012)
(Revised November 19, 2012)

3.07 Payment of Salary

The pay period shall be the 20th day of each month beginning with the first full month of employment. Should the 20th fall on a Saturday, Sunday or a holiday; payday shall be the business day immediately proceeding.

Expense vouchers shall be submitted to accounting per the schedule established by the department for approval and inclusion in the monthly expenses.


(Adopted July 18, 1983)
(Revised July 15, 2002)
(Reviewed August 20, 2012)
(Revised March 20, 2017)

3.08 Overtime

 

When the nature of the position for non-certificated staff requires overtime, it shall be allowed and recorded in accordance with Fair Labor Standards Act (FLSA) regulations. Overtime will be allowed for emergencies at the discretion of the Administrator or his/her designate.  The business office will have the responsibility of maintaining all records and monitoring procedures for compliance with FSLA.


(Adopted August 19, 1985)
(Revised November 15, 1993)
(Revised July 15, 2002)
(Revised August 20, 2012)

3.10 Expenses Related to Educational Service Unit 7 Employees

A. Employee Recognition:

a. The Educational Service Unit 7 board will not authorize expenditures of unit funds for gifts or awards to board members or employees except to recognize employees for service in increments of five years, to recognize employees who are retiring from their career and have been employed by Educational Service Unit 7 for more than 5 years, and to recognize retiring board members.  Employee non-cash awards of symbolic value for years of service shall be limited to:

        i.  $60.00 for 5 years
       ii.  $ 90.00 for 10 years
      iii.  $110.00 for 15 years
      iv.  $130.00 for 20 years and each 5 years thereafter.

b. Non-cash awards of symbolic value are defined as plaques, certificates and small items with company's logo. Approval of award is at the Administrator's discretion.
c. Awards presented to board members and retiring employees retiring from the profession and the board shall be limited to $100.00 (For employees who are retiring during a service recognition year, an award may be purchased not to exceed the combined value of the service increment and the retirement award.)
d. The board will sponsor one annual recognition dinner to which all Educational Service Unit 7 employees will be invited. The meal cost shall not exceed $25.00 per employee.
e. The board will invite and pay for employee meals at the annual Educational Service Unit 7 school board/school administrator banquet. The cost shall not exceed $25.00 per employee.

B.    Authorize expenditures for non-alcoholic beverages or meals:

a. Employees: The board will not authorize expenditures of unit funds for employees non-alcoholic beverages or meals during business hours while the employee is at the unit facility or conducting unit business inside the boundaries of Educational Service Unit 7.
b. Board: The board will authorize expenditures of unit funds for non-alcoholic beverages and meals for board members when they are a part of a working agenda establish by board action requiring board members to be away from home on unit business during normal meal hours.This procedure shall apply to employees requested to be in attendance at such meeting(s).
c. Committees: The board will authorize expenditures of unit funds for non-alcoholic beverages and meals for Educational Service Unit 7 advisory committee meetings. The agenda must be a working agenda that calls for meeting during the meal or before and after the meal. The Educational Service Unit 7 board defines the following advisory groups:

i. The Educational Service Unit 7 administrators association composed of the head adminitrator, or his/her designee, of each school district served by Educational Service Unit 7.

ii. The Advisory Committee selected by the administrator's association to serve on their behalf in program evaluation and meetins with the Educational Service Unit 7 board.

iii. The Advisory Councils for various service delivery categories and grant consortiums as deemed desirable or necessary.

iv. Other advisory councils that the board may vote from time to time to establish.

v. Employees required to be in attendance at the above referenced meetings are covered by this procedure.

 

d. The board will authorize expenditures of unit funds for non-alcoholic beverages and meals for workshops, conferences and college classes held at Educational Service Unit 7 or sponsored by Educational Service Unit 7 if sufficient money is collected from participants to cover expenses.



(Adopted July 18, 1983)
(Revised September 16, 1991)
(Amended March 15, 1993)
(Amended August 16, 1993)
(Amended March 15, 1999)
(Revised July 15, 2002)
(Revised September 17, 2012)
(Revised April 20, 2015)
 

3.11 Negotiations

Negotiations shall be conducted in accordance with the applicable negotiated agreement and state and federal statutes. 


1. Associations seeking official Educational Service Unit 7 recognition for the purpose of negotiations shall submit such request in writing to the Educational Service Unit 7 Board.

2. The Educational Service Unit 7 Board agrees to enter into the negotiation process with each recognized employee group in a good faith effort to reach an agreement concerning employees’ salaries, terms and conditions of employment. 

3. The Educational Service Unit 7 Board delegates the authority to its representatives to make and consider proposals and concessions in the course of negotiating, subject to ratification by the Educational Service Unit 7 Board. 

4. Negotiations will be conducted in closed sessions. 

(Adopted July 18, 1983)
(Reviewed May 20, 2002)
(Revised November 19, 2012)
(Revised October 19, 2015)
 

3.12 Educational Service Unit 7 Reduction in Force and Recall Policy

The board of Educational Service Unit may determine that a reduction in force of certificated staff members is appropriate due to changes in financial support, changes in programs necessary to support member school districts, a decline in the taxable value of property located within the service unit, increased costs of operating the service unit, or another change or changes in circumstances.  If the board, in its sole discretion, determines that a reduction of certificated staff is necessary, the administrator shall notify those employees whose contracts may be reduced.

In the event a program is discontinued and personnel staffing that program are terminated, such staff members shall have first opportunity at filling any other Unit vacancy should they be fully qualified for such a position.

 

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 that the permanent employee is qualified to perform by reason of certification and endorsement, or when certification is not applicable, by reason of college credits in the teaching area.


1.  Definitions

a. Certification as used herein shall refer to the holding of a certificate as that term is defined and approved by the Nebraska Department of Education.
b. Definition of Reduction of 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’s or increases in the percentage of employment of other employees.

2.  Amendment, Termination of Nonrenewal of Contract Due to Reduction in Force

a.  Definitions for Reduction in Force Policy

1.  Attrition shall mean any normal turnover of staff such as resignation and retirement.

b.  Notification for Staff Reduction

1.  Before a reduction in force shall occur, it shall be the responsibility of the Administrator of Educational Service Unit 7 to present competent evidence demonstrating that a change in circumstances such as financial exigency, change in service model, or a diminution of demand for services by the school districts served by Educational Service Unit 7 has occurred necessitating a reduction in force.  Any alleged change in circumstances must be specifically related to the certificated employee to be reduced in force.  The Board, based upon evidence produced at the hearing, shall be required to specifically find that there are no other vacancies for which the employee to be reduced is qualified by endorsement or professional training to perform.

2.    In condsidering whether a reduction in force is necessary the normal attrition of personnel shall be taken into account by the Board.

c.  Reduction in Force Procedure
 

Reduction in force of instructional staff shall be made on a program by program basis.


1.  The reduction in force procedure for Educational Service Unit 7 instructional staff (which as used herein shall mean special education teachers, regular education teachers, early childhood special education teachers, and any other teachers so designated by the administrator0 within a particular school district or, where applicable, districts, shall be subject to the following considerations:
a.    Attrition
b.    Elimination of positions held by non-certified or non-degree employees where practicable.

2.  Restriction of Right to Administrative Position.  Due to the confidential and unique personal working relationship necessary between the administration and the board, 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 service unit.

3.  Criteria for Reduction in Force.  The criteria set forth below shall be considered in selecting the personnel to be reduced.  The criteria are not listed in any order of priority, and shall be given the weight that the board considers appropriate:

a.    Flexibility of assignment.
b.    Acceptability of eservice to school districts or programs where such employee might be assigned.
c.     Special training, experience, or expertise other than in the areas of certification and endorsement which might be of benefit to the service unit in the delivery of services to schools, districts or programs.
d.    Contributions to the service unit or special programs conducted by the service unit.
e.    Consideration of which endorsements or certification areas will be of greater or lesser importance to the service unit based upon future curriculum and service needs as anticipated by the administrator, based upon projected elimination or diminution of programs or services of the service unit.

4.  Consideration of Uninterrupted Service.  If, after consideration of the criteria listed above, it is the opinion of the Administrator that there is no significant difference between or among certificated employees being considered for reduction, the employee(s) with the longest uninterrupted service to the district shall be retained.

a.    Uninterrupted length of service is defined as the number of continuous full-time equivalent years of employment in the unit as a certificated staff member.
b.    A full-time equivalent year is defined as employment on a full-time basis for an entire school year.
c.    Less than full-time employment reduces the staff member’s full-time equivalent employment for a school year.  For example, a staff member employed on a half-time basis would be credited with half a year full-time equivalent employment.
d.    A break in service will terminate a staff member’s seniority and length of serviceunder this provision.  That period of time when a staff member 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 staff member’s uninterrupted service.

Recall Policy

1.  Recall Rights
a.    A certificated employee reduced in force according to this policy shall have preferred rights to re-employment for a period of twenty-four months commencing at the end of the current year.
b.    A certificated employee shall prior to the last date of the employee’s service notify or verify for the Educational Service Unit 7 Administrator or designee the certificated employee’s mailing address to be used for notification of recall.
c.    Certificated employees who are recalled by Educational Service Unit 7 shall notify the Administrator or designee in writing within ten calendar days of receipt of the recall notice of their acceptance or rejection of recall to the position in the full time equivalency (FTE) offered by the Board of Educational Service Unit 7. If the certificated employee does not accept the recall assignment and full time equivalency offered by the Board of Educational Service Unit 7, the Board will be deemed to have fulfilled its obligations and the Board need not consider the employee who has been reduced in force for any further recall.
d.    If the reduction in force of a certificated employee based upon the provisions of this policy would place Educational Service Unit 7 or schools served in non-compliance of any federal or state law or regulations requiring specific affirmative action employment practices, Educational Service Unit 7 may vary from these provisions as necessary to comply with such laws of regulations.

2.  The Educational Service Unit 7 policy to recall certificated employees whose contract has been terminated or amended to less than full time employment due to reduction in force as follows:
a.    First Priority Recall by District(s)-Certificated employees shall be recalled by Educational Service Unit 7 on basis of total service to the unit as compared with other recall candidates who were serving in the same district in the affected employee’s most recent employment with the unit.  No certificated employee of Educational Service Unit 7 shall be assigned or reassigned to any vacancy in a district where a reduction in force has occurred, until such position has been offered to employee(s) who have been reduced in force and who are qualified by seniority and/or endorsement who were serving the school district in question at the time his or reduction in force occurred. 
b.    First Priority Recall by Program-Certificated employees shall be recalled by Educational Service Unit 7 to a program from which they have been reduced in force on the basis of total service to the unit as compared with other recall candidates who were serving such a program in their most recent employment with the unit.  No certificated Educational Service Unit 7 employee shall be assigned or reassigned to any vacancy in a program where a reduction in force has occurred until such position has been offered to employees who have been reduced in force from such program and who are qualified by seniority and /or endorsement who were serving the program at the time the reduction in force occurred.
c.    Second Priority Recall-The second priority will be to recall those certificated employees still havi9ing preferred right to re-employment to vacant positions in districts or programs other than Those in which they were serving at the time of their reduction in force provided that a vacancy still exists after reassignment of current staff.  Recall of the second priority certificated employees shall occur on the basis of seniority and/or endorsement.

(Adopted July 18, 1983)
(Revised February 17, 1997)
Revised July 21, 1997)
(Reviewed May 20, 2002)
Revised July 15, 2002)
(Revised October 15, 2012)
 

3.13 Attendance at Educational Workshops, Conferences, Training Programs, Official Functions, Hearings or Meetings and Reimbursement for Meals, Lodging and Other Travel Expenses

IT SHALL BE THE POLICY of Educational Service Unit 7 to permit and to authorize elected and appointed officials, employees, or volunteers of Educational Service Unit 7 to incur certain expenses authorized by law for travel to and from and attendance at educational workshops, conferences, training programs, official functions, hearings or meetings, subject to the following:


1.    This policy shall pertain to elected and appointed officials and employees of Educational Service Unit 7, or volunteers performing services under the supervision and at the direction of Educational Service Unit 7.

2.    The Educational Service Unit 7 Board shall at the time of adoption of its annual budget authorize a total sum for expenditure for actual and necessary expenses incurred by elected and appointed officials, employees, or volunteers of Educational Service Unit 7 to attend such educational workshops, conferences, training programs, official functions, hearings or meetings.

3.    Expenditures shall be authorized by the Board for travel to and from and attendance at any educational workshop, conference, training program, official function, hearing or meeting, either within or outside the boundaries of Educational Service Unit 7 when the following conditions have been met:

a.    A request in writing including estimated expenditures has been made to the administrator/director for approval to attend such educational workshop, conference, training program, official function, hearing or meeting.

b.    The administrator/director/designee has approved travel and attendance to such events.
 

4.    In order to receive reimbursement of actual and necessary expenses, any elected or appointed official, employee or volunteer of Educational Service Unit 7, shall submit to the administrator/director/designee, an accounting of such expenses.  The Board shall consider such claim at its next duly convened meeting.  If the claims would not exceed the budgeted amount for such purposes, the Board may authorize reimbursement for registration cost, tuition cost other than for college credit, fees or charges, mileage at the rate established by the Board for the use of an individual’s personal vehicle, or the actual travel expense if travel was authorized by commercial or charter means, meals and lodging at the applicable federal rate or at actual cost, which ever is less.  The term “applicable federal rate” shall mean the established rates allowed by the federal government for travel within the continental United States.  In no event shall a claim be submitted or approved for any alcoholic beverages.

a.    Reimbursement to Educational Service Unit 7 board members, elected or appointed officials, employees and volunteers, for meals and lodging and meal expenses incurred while traveling are as follows: the Educational Service Unit 7 Board authorizes the applicable federal rate as the reasonable rate per day for reimbursement of lodging and meal expenses.  Only actual employee or board member expenses are to be reimbursed.  Receipts must accompany the claim for reimbursement.  Employees or board members exceeding the applicable federal rate must submit a fully itemized claim substantiating the costs actually incurred in excess of such rate.  The Educational Service Unit 7 Board will consider approval of the excess at the next regularly scheduled meeting.  Requests for consideration must be in the office of the board secretary by 9:00 a.m. on the Wednesday preceding the third Monday of the month.  Should the board choose not to approve the excess, the employee or board member incurring the excess shall be responsible for paying same.  Isolated situations may warrant an exception to the above guidelines and the Educational Service Unit 7 Board will consider requests for exceptions at the regular meeting prior to the expenditure.
 

5.    This policy expressly prohibits the expenditure of Educational Service Unit 7 funds for travel or attendance at any workshop, conference, training program, official function, hearing or meeting for the spouse of any elected or appointed official, employee or volunteer, unless the spouse is also an elected or appointed official, employee or volunteer.

 

6.    Staff members asked to serve as consultants to outside organizations may do so if it is determined to be of direct benefit to and in the best interest of Educational Service Unit 7 and according to the following procedures:


a.    The requesting agency shall reimburse travel, meals and lodging expenses to the staff member(s)
b.    If the staff member receives a stipend above expenses, Educational Service Unit 7 is to be reimbursed the daily cost of the staff member or the stipend received, whichever is less.
 

7.    An employee who is requested by a recognized educational agency to serve on work committee may also be granted leave for such work without loss of pay.


(Adopted July 18, 1983)
(Revised September 16, 1991)
(Revised August 16, 1993)
(Revised September 20, 1993)
(Revised July 15, 2002)
(Revised September 17, 2012)
 

3.14 Mileage Allowance

The mileage rate allowance will be established by the Board in the minutes of the regular meeting in August and will become effective on September 1.  Transportation expenses incurred by an Educational Service Unit 7 employee in going between the employee’s residence and a temporary work location (workshop, convention, etc.) will be paid from the employee’s residence or point of reference, whichever is closer.

This policy excludes Special Education certificated staff who are covered by negotiated Master Agreements.


(Adopted July 18, 1983)
(Reviewed August 21, 1997)
(Reviewed May 20, 2002)
(Revised September 17, 2012)
 

3.15 Non-Certificated Policy

As a part of the personnel policies of Educational Service Unit 7 the Board of Unit 7 hereby established a classified salary range/schedule for non-certificated personnel employed by Educational Service Unit 7.

The Board established the following policy statements regarding non-certificated staff:

a.    The Educational Service Unit 7 Board shall approve a written general job description and the qualifications criteria for each adopted classified position.  The Educational Service Unit Administrator shall prepare and present the job descriptions and qualifications criteria to the Board.

b.    The Educational Service Unit 7 Administrator may re-classify an individual when in the judgment of the Educational Service Unit 7 Administrator, the job description of an individual more nearly fits a different classification than the one currently held by the individual.

c.    Non-certificated staff shall be on probation for the first six months of employment at Educational Service Unit 7.  After the first six months probationary period, the Educational Service Unit 7 Administrator or designee will either continue employment of the individual if work is satisfactory or terminate employment if the individuals work is unsatisfactory.

d.    Non-certificated employees are eligible to participate in all benefits offered to certificated employees, subject to current Educational Service Unit 7 policies and Board approval.

e.    The Educational Service Unit 7 shall adhere to non-discriminatory employment procedures in the hiring of non-certificated personnel.

f.    Annual salary increases for non-certificated employees will be determined by the Educational Service Unit 7 Board on an annual basis.

(Revised June 16, 1986)
(Revised May 17, 1999)
(Reviewed May 20, 2002)
(Revised September 17, 2012)
 

3.15.02 Vacation

Twelve (12) month employees have two weeks (10 days) for the first five (5) years of employment and three weeks (15 days) the sixth year. Any employment less than 1.00 FTE has no paid vacation.

Non-certificated employees – All vacation time for non-certificated employees begins with the start of the new fiscal year which is September 1.  Employees eligible for 15 vacation days accumulate the equivalent of 1 and ¼ days per month.  Employees eligible for 10 days vacation accumulate .833 days per month.  Days will not be granted prior to the time they become available, with the exception of June, July and August when vacation can be granted in advance based on convenience to the employee and with approval of the administrator or immediate supervisor.

Certificated employees – Vacation for certificated employees commences with the beginning date of the contract.  Employees eligible for 15 vacation days accumulate the equivalent of 1 and ¼ days per month.  Employees eligible for 10 days vacation accumulate .833 days per month.  Days will not be granted prior to the time they become available, with the exception of June, July, and August when vacation can be granted in advance based on convenience to the employee and with approval of the administrator or immediate supervisor.

Vacation days may be taken as available at any time during the year, but only with the prior approval of the administrator or immediate supervisor.

Employees hired after the beginning date of a respective contract or new fiscal year, will receive vacation on a prorated basis so that all beginning and ending dates for vacation are consistent.

Employees are encouraged to take their vacation within each leave year.  The maximum number of unused vacation days an employee will be allowed to carry over from one year to the next shall be the number of days made available during the most recent leave year.  The maximum that may be accumulated is 15 days.  Once the maximum is accumulated, no further vacations days will be available or granted for the ensuing leave year or years until the accumulated number of days is less than 15, and then only to the extent necessary to restore the total number of available vacation days to the maximum of 15 days.  Employees who have accumulated vacation days in excess of said maximum as of the amendment of this policy will continue to have the excess days available for use, but will not have additional days made available each year until their unused days are less than the maximum as provided above.

Records – Vacation and personal leave records for employees will be maintained by the designated department.


(August 20, 1990)
(Revised July 15, 2002)
(Reviewed June 15, 2015)
(Revised December 17, 2013)

3.15.03 Unit Calendar

The Educational Service Unit 7 Board of Directors by the May meeting, will adopt a Unit calendar for the following year.  The Unit office will normally be closed on the following days:  July 4 (1); Labor Day (1); Thanksgiving (2); Winter Break (6-10); Spring Break (1-2); Memorial Day (1) unless action by the Board determines otherwise.

Twelve (12) month employees work 245 days exclusive of non-work days.

Nine (9) month employees work 185 days exclusive of non-work days.


(Adopted September 16, 1985)
Revised July 15, 2002)
(Revised September 17, 2012)
 

3.15.04 Termination of Employment - Non-certified

1.    All employees are entitled to regular pay up to the effective date of termination and pay for vacation accrued but not taken up to date.  No compensation shall be paid for unused sick leave or personal leave that has been earned but not used.

2.    Non-certificated employees shall be given two weeks notice by the Administrator unless termination is for gross misconduct, in which case employees may be terminated without notice.

3.    The Administrator may authorize two weeks pay in lieu of notice when such action is in the best interest of the Educational Service Unit 7, except in cases involving misconduct. 

4.    Non-certificated employees are expected to give at least two weeks prior notice in order to be terminated in good standing.  Termination notice will be submitted in writing to the Administrator.  However, in the case of positions where the complexity of the job makes replacement or retraining difficult, it is expected that sufficient time be given for this retraining.

(Adopted September 16, 1985)
(Reviewed May 17, 2002)
(Reviewed September 17, 2012)
 

3.16 Salary Schedule Advancement

In order for college hours to count for advancement on the Special Education Cooperative salary schedule, they must be 1) part of an approved graduate degree program (approved by the college) in the instructor’s respective discipline; 2) graduate courses in the instructor’s/coordinator’s instructional field (discipline), or in a field relating directly to his/her discipline, i.e. special education courses, with administrative approval; or 3) part of a special staff-development program approved in advance.  All salary schedule movement beyond the MA that is not applicable to a college approved graduate program will be reduced to an individual professional growth plan approved by the special education director.

All requests for approval of courses should be made on the basis of the above criteria and should be submitted to the Director of Special Education in writing by March 15 of each year prior to course enrollment.  The applicant will be notified in writing as to whether or not the course in question does meet the criteria for salary schedule advancement.


Adopted July 18, 1983)
(Revised June 17, 1991)
(Reviewed May 20, 2002)
(Revised September 17, 2012)
 

3.17 Employee Contracts with Schools

Employees of Educational Service Unit 7 shall not enter into contracts or agreements with school districts in Educational Service Unit 7 area or use to their advantage employment with Educational Service Unit 7 for personal profit by providing services which would be in direct competition with services provided by Educational Service Unit 7 to schools in the Educational Service Unit 7 area during the period of time they are under contract with Educational Service Unit 7.

Adopted July 18, 1983)
(Reviewed June 17, 2002)
(Reviewed September 17, 2012)
 

3.18 Child Abuse and/or Neglect

1.    Any employee of Educational Service Unit 7 who has reasonable cause to believe a child has been subjected to abuse and/or neglect or is being subjected to conditions which would result in abuse and/or neglect shall inform their immediate supervisor and the appropriate school official of the district of residence.  To fulfill their statutory duty, employee shall then report suspected abuse and/or neglect directly to the local law enforcement agency or Department of Health and Human Services.

2.    Employees of Educational Service Unit 7 serving children with disabilities below age five who have reasonable cause to believe a child has been subjected to abuse and/or neglect or is being subjected to conditions which would result in abuse and/or neglect shall immediately notify the Director of Special Education.  Director of Special Education shall take appropriate action and assure that employee fulfills their statutory duty by reporting suspected abuse and/or neglect to Department of Health and Human Services.

3.    Any employee who reports suspected child abuse and/or neglect or participates in an investigation or judicial proceeding is statutorily immune from any civil or criminal liability that might otherwise be imposed unless he or she made a maliciously false statement.

4.    The name of any person reporting suspected child abuse and/or neglect shall remain confidential.  The Administrator shall cause to be established and implemented those procedures necessary to assure confidentiality is maintained at all times.

5.    The Administrator shall cause to be provided Administrative Policies, other information and inservice which will help assure that employees fully understand their responsibility under the law.

(Adopted July 18, 1983)
(Revised August 19, 2002)
(Reviewed September 17, 2012)
 

3.18.01 Restraint and Seclusion of Students

Restraint and seclusion are behavioral interventions, not educational techniques.  They are limited to exigent circumstances and situations that necessitate their use to protect the safety of the student, other students, staff and property.  When used as safety intervention, they should be used as methods of last resort.  When used as behavior intervention, they must be used according to the terms of this policy.

This policy does not cover interventions such as voice control, limited to loud, firm commands; time-limited ignoring of specific behaviors; brief physical prompts to interrupt or prevent a specific behavior; physical interventions which a student’s health care provider have indicated are medically necessary for the treatment or protection of the individual; or similar interventions.

I.    Seclusion
A.    Definition
1.    Seclusion is a last resort emergency safety intervention that provides an opportunity for the student to regain self-control.  Seclusion is the confinement of a student in a room or other space from which the student is physically prevented from leaving and which provides for continuous adult observation of the student.
2.    A room or area used for seclusion:
a.    Must not be locked;
b.    Must not prevent the student from exiting the area should staff become incapacitated or leave that area;
c.    Must provide for adequate space, lighting, ventilation, viewing, and the safety of the student.
B.    Timeout
1.    Timeout is a behavior intervention in which a student, for a limited and specified time, is placed in an environment where access to positive reinforcement is unavailable.
2.    Timeout should not be confused with seclusion because a student’s movement in a timeout setting is not physically restricted.
3.    Timeout lies within a continuum of procedures that help students self-regulate and control their behavior.
C.    Seclusion is inappropriate for students who are severely self-injurious or suicidal
D.    Time and Duration
1.    Emergency seclusion should be used only as long as necessary to allow a student to regain control of his/her behavior, but generally:
a)    Elementary school students – no longer than 15 minutes; and
c)    If an emergency seclusion lasts longer than the suggested maximum time, the staff member should:
(1)    Summon additional support (e.g., change of staff,        introducing a nurse or specialist, obtaining additional expertise); and
(2)    Document the need to explain the extension beyond the time limit.

E.    Staff Requirements
While using seclusion, staff must:
1.    Involve appropriately-trained key identified personnel to protect the care, welfare, dignity, and safety of the student;
2.    Continually observe the student in seclusion for indications of physical distress and seek medical assistance if there is a concern; and
3.    Document observations.

II.    Restraint

    There are three types of restraint:  physical, chemical, and mechanical.
A.    Physical restraint involves direct physical contact that prevents or significantly restricts a student’s movement
1.    Restraint is a last resort emergency safety intervention.  Restraint is an opportunity for the student to regain self-control.
This policy on physical restraint is not intended to forbid actions undertaken:
a.    To break up a fight
b.    To take a weapon away from a student
c.    To hold a student briefly in order to calm or comfort
d.    To escort a student physically from one area to another location within the school building
e.    To assist a student in completing a task/response if the student does not resist or resistance is minimal in intensity or duration.
f.    To hold a student briefly in order to prevent an impulsive behavior that threatens the student’s immediate safety (e.g., running in front of a car).

B.    Chemical restraint is the administration of medication for the purpose of restraint.
1.    The school district will not, under any circumstances, engage in chemical restraint.
2.    Chemical restraint does not apply to medication prescribed by and administered in accordance with the directions of a physician.

C.    Mechanical restraint means the use of any device or material attached to or adjacent to a student’s body that restricts normal freedom of movement and which cannot be easily removed by a student.
1.    Mechanical restraint does not include:
a.    An adaptive or protective device recommended by a physician or therapist (when it is used as recommended).
b.    Safety equipment used by the general student population as intended (for example, seat belts, safety harness on school transportation).

III.    Limitations in Use
A.   Seclusion and/or restraint shall not be used:
                         1.     For the convenience of staff;
2.    As a substitute for an educational program; or
3.    As a form of discipline/punishment.

IV.     Recurring Behavior
A.    If a pattern of behavior emerges, or is anticipated, which may require the use of emergency seclusion, the school personnel must:
1.    Conduct a functional behavioral assessment;
2.    Call a meeting of the student’s IEP team to develop or revise a positive behavior intervention plan to facilitate the reduction or elimination of the use of seclusion and/or restraint
B.    Given the limited size and training of the school district’s staff, students whose behavior routinely requires seclusion and restraint may not be able to be served in the school district and may require a placement out of the school district.

V.    Prohibited Practices
A.    The following are prohibited under all circumstances, including emergency situations:
1.    Corporal punishment
2.    The deprivation of basic needs;
3.    Anything that constitutes child abuse;
4.    The seclusion of preschool children; and
5.    The intentional application of any noxious substance(s) or stimuli which result in physical pain or extreme discomfort.

(Adopted April 18, 2011)
(Reviewed September 17, 2012)
 

3.19 Educational Service Unit 7 Certified/Professional/Director Evaluation

The Board of Directors of Educational Service Unit 7 recognizes the importance of evaluation for the purpose of improving job performance and for meeting job performance goals. Certified/Professional/Director evaluation promotes focused professional activity and professional growth, which, in turn, improves competency leading to improved outcomes. Therefore, individuals will be appraised using the written evaluation plan and procedures approved by the Board.

PROCEDURES FOR CERTIFIED/PROFESSIONAL/DIRECTOR EVALUATION

1.  Each certificated/professional/director shall be evaluated on criteria, which include:
     a.  Planning and Preparation
     b.  The Environment 
     c.  Instruction/Delivery of Service
     d.  Professional Responsibilities

2. Certificated employees on probation as defined by State of Nebraska Certification shall be evaluated at least twice per year during the contract.

3. Certificated employees on permanent status (tenured) as defined by State of Nebraska Certification or professional employees/directors not requiring certification, after the second consecutive year of employment at ESU 7, shall be evaluated at least one every two years, shall be evaluated at least once every two years.

4. The duration of each observation to be used for formal evaluation shall be one complete instructional period or complete service delivery activity (or one hour).

5.  A conference shall be scheduled with the employee as soon as reasonably possible following the observation visit to prsent and explain the written evaluation report.

6. The evaluator shall prepare the written evaluation report. It shall contain a statement which clearly describes any noted deficiencies, which specifies acceptable means for correcting noted deficiencies, and which provides an adequate timeline for the individual to implement the specific suggestions for improvement.

7. The evaluator and the employee being evaluated shall both sign the evaluation report to document that the evaluation and conference has been conducted. The evaluation report form shall provide a space for the individual’s written response to the evaluation/conference.

8. The evaluators of certified staff shall posses a valid Nebraska Administrative Certificate appropriate for the level of the employee being evaluated.

9. Evaluators shall be prepared to use Educational Service Unit 7’s evaluation system. Educational Service Unit 7 shall provide any training necessary.

10. At the beginning of the contract, or when Board-approved changes are implemented, employees shall be provided a written explanation of the Educational Service Unit 7 evaluation system and the procedures to be followed.


(Adopted September 17, 2012)
(Revised May 16, 2016)

3.19.01 Educational Service Unit 7 Director Evaluation

The Board of Directors of Educational Service Unit 7 recognizes the importance of evaluation for the purpose of improving job performance and for meeting job performance goals.  Evaluation of directors promotes focused professional activity and professional growth, which, in turn, improves competency leading to improved outcomes. Therefore, individuals will be appraised using the written evaluation plan and procedures approved by the Board.

PROCEDURES FOR DIRECTOR EVALUATION
1.  Each Director shall be evaluated on criteria, which include:
a.    Vision and Leadership
b.    Planning and Preparation
c.    Client Relationships 
d.    Delivery of Service
e.    Professional Responsibilities

2.    Directors on probation as defined by State of NE Certification shall be evaluated at least twice per year during the contract.
 

Directors on permanent status (tenured) as defined by State of NE Certification shall be evaluated at least once every two years.

The duration of each observation to be used for formal evaluation shall be one complete instructional period or complete service delivery activity (or one hour).


3.    The evaluator shall prepare the written evaluation report. It shall contain a statement which clearly describes any noted deficiencies, which specifies acceptable means for correcting noted deficiencies, and which provides an adequate timeline for the individual to implement the specific suggestions for improvement.

4.    A conference shall be scheduled with the individual as soon as reasonably possible following the observation visit to present and explain the written evaluation report.

5.    The evaluator and the individual being evaluated shall both sign the evaluation report to document that the evaluation and conference has been conducted. The evaluation report from shall provide a space for the individual’s written response to the evaluation/conference.

6.    Evaluators shall posses a valid Nebraska Administrative Certificate appropriate for the level of the individual being evaluated.

7.    Evaluators shall be prepared to use Educational Service Unit 7’s evaluation system. Educational Service Unit 7 shall provide any training necessary.

8.    At the beginning of the contract, or when Board-approved changes are implemented, individuals shall be provided a written explanation of the Educational Service Unit 7 evaluation system and the procedures to be followed.

(Adopted September 17, 2012)
 

3.19.02 Educational Service Unit 7 Certified/Professional Evaluation

The Board of Directors of Educational Service Unit 7 recognizes the importance of evaluation for the purpose of improving job performance and for meeting job performance goals. Certified/Professional Staff evaluation promotes focused professional activity and professional growth, which, in turn, improves certified competency leading to improved outcomes. Therefore, individuals will be appraised using the written evaluation plan and procedures approved by the Board.

PROCEDURES FOR CERTIFIED/PROFESSIONAL EVALUATION

1.    Each certified/professional individual shall be evaluated on criteria, which include:
a.    Vision and Leadership
b.    Planning and Preparation
c.    Client Relationships
d.    Delivery of Service
e.    Professional Responsibilities

2.    Certified staff on probation as defined by State of NE Certification shall be evaluated at least twice per year during the contract.
 

Certified individuals on permanent status (tenured) as defined by State of NE Certification shall be evaluated at least once every two years.

 

The duration of each observation to be used for formal evaluation shall be one complete instructional period or complete service delivery activity (or one hour).


3.    The evaluator shall prepare the written evaluation report. It shall contain a statement which clearly describes any noted deficiencies, which specifies acceptable means for correcting noted deficiencies, and which provides an adequate timeline for the individual to implement the specific suggestions for improvement.

4.    A conference shall be scheduled with the individual as soon as reasonably possible following the observation visit to present and explain the written evaluation report.

5.    The evaluator and the individual being evaluated shall both sign the evaluation report to document that the evaluation and conference has been conducted. The evaluation report from shall provide a space for the individual’s written response to the evaluation/conference.

6.    Evaluators shall posses a valid Nebraska Administrative Certificate appropriate for the level of the individual being evaluated.

7.    Evaluators shall be prepared to use Educational Service Unit 7’s evaluation system. Educational Service Unit 7 shall provide any training necessary.

8.    At the beginning of the contract, or when Board-approved changes are implemented, individuals shall be provided a written explanation of the Educational Service Unit 7 evaluation system and the procedures to be followed.

(Adopted September 17, 2012)
 

3.20 Psychologist Salary Placement

School psychologists new to Educational Service Unit 7 will be placed on the salary schedule commensurate with their experience, degree, and hours above their degrees, and in conformance with Educational Service Unit 7 negotiated master agreement.

(Adopted June 15, 1987)
(Reviewed June 17, 2002)
(Revised September 17, 2012)
 

3.22 Consideration of Request for Staff Re-Assignment

It shall be the policy of Educational Service Unit 7 Board to coordinate and cooperate with all school districts receiving services through Educational Service Unit employees serving on the instructional or service faculty of a school.  Such coordination and cooperation shall consist of considering requests from the administration of such school or from any Board of Education of any such school so served as herein specified, provided, however, that to the extent that any such coordination or cooperation would be violative of any statute, rule or regulation or collective bargaining contract or individual contract of any employee of Educational Service Unit 7.  This policy shall be modified to be in conformity with such statute, rule or regulation, collective bargaining agreement or individual employment contract. 


(Adopted December 19, 1988)
(Reviewed June 17, 2002)
(Reviewed October 15, 2012)
 

3.22.01 Public Complaints About Employees

The board recognizes situations may arise in the operation of the service unit, which are of concern to constituents of the service unit community.  While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

While speakers may during public meetings offer objective criticism of Educational Service Unit 7 operations and programs, the board will not hear personal complaints concerning Educational Service Unit 7 personnel nor against any person connected with the Educational Service Unit unless that complaint is an agenda item having followed the process described below.  To do so could expose the board to a charge of being party to slander and would prejudice any necessity to act as the final review of administrative recommendations regarding the matter.  The board president will direct the patron to the appropriate means for board consideration and disposition of legitimate complaints involving individuals.

Any complaint about Educational Service Unit 7 personnel other than the Educational Service Unit 7 administrator will be investigated by the administration before consideration and action by the board.  The board will not hear charges against employees in open session unless an employee requests an open session.

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved.  Prior to board consideration however, the following should be completed:
1.    Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.

2.    Unsettled matters regarding certificated employees from (1) above or problems and questions concerning the service unit should be directed to the Educational Service Unit 7 administrator. 

3.    If a matter cannot be settled satisfactorily by the Educational Service Unit 7 administrator, it may then be brought to the board.  To bring a concern regarding an employee, the individual may notify the board president for inclusion on the board agenda of a regularly scheduled board meeting in accordance with board policy 1.2.1a.

(May 17, 2010)
(Reviewed October 15, 2012)
 

3.23 Professional Growth

It shall be the policy of Educational Service Unit 7 Board to provide to each professional staff member of Educational Service Unit 7 the equivalent of two days during each school year for activities relating to professional growth.  For purposes of this policy “two days” shall mean organized or administratively directed activities over a period of hours equaling the total number of hours in a regular school day which shall mean the regular hours of faculty attendance for certificated staff members assigned to Educational Service Unit 7 administrative office.

(Adopted December19, 1988)
Reviewed June 17, 2002)
Reviewed October 15, 2012)
 

3.24 Policy on Corporal Punishment

Corporal punishment is hereby prohibited in any program owned or operated by Educational Service Unit 7.

Nothing in this policy, however, shall be construed to prevent the reasonable use of force in self-defense, the defense of others, the defense of one’s property or the defense of property of another.

It shall be the policy of Educational Service Unit 7 to periodically, as the administrator deems appropriate, review this policy with the appropriate employees of the Educational Service Unit 7 and to provide information to such employees as the administration may deem appropriate for the appropriate and lawful application of this policy by the employees of Educational Service Unit 7.

It shall be the further policy of Educational Service Unit 7 to require any person employed by Educational Service Unit 7 who has been involved in an incident involving self-defense, the defense of others, the defense of one’s property or the defense of the property of another to make a written report of such circumstances to the administrator of Educational Service Unit 7 or to his/her designee as soon as is practicable and within twenty-four hours.  If such incident occurred in a school building housing a Educational Service Unit 7 owned or operated program or, if the Educational Service Unit 7 employee is delivering a service to the school district by contract with Educational Service Unit 7 said report shall be made to the superintendent of schools or his/her designee as soon as is practicable and within twenty-four hours.  The administrator or superintendent or his/her designee shall prepare a memorandum of such report and shall undertake such efforts as he/she deems appropriate to investigate and further report in writing the results of his investigation concerning any such incident.

(Adopted December 19, 1988)
(Reviewed June 17, 2002) 
(Reviewed October 15, 2012)
 

3.25 Drug Free Workplace Policy

Educational Service Unit 7 is committed to providing an employment environment that is safe and provides appropriate motivation to ensure a creative and productive work force.  To this end, Educational Service Unit 7 unequivocally endorses the philosophy that the workplace should be free from the detrimental effects of illicit drugs.

It is unlawful to illegally manufacture, distribute, dispense, possess, or use a controlled substance in the workplace.  Controlled substance shall include definitions found in federal and/or state statute.  Educational Service Unit 7 establishes a Drug Free Workplace Policy for its employees.

1.    All employees and each new employee will receive a copy of this policy.
2.    Each employee will receive the attached drug abuse awareness form stating that the employee has read this policy and understands it and agrees to abide by it, which form shall be signed and dated by the employee and placed in the employee’s personnel file.  In addition to the Drug Free Workplace Policy acknowledgement form, each employee shall upon completion of the drug abuse awareness training program provided by Educational Service Unit 7 sign the completion of training certificate on the date or as soon thereafter as is practicable from completion of the drug abuse awareness training having been provided to the employee.
3.    In the event the employee does not understand the terms and conditions of this policy, it shall be the duty of the employee to ask for such points of clarification of the Administrator at the time this policy is distributed to the employee.  If no question is directed by an employee to the Administrator, it shall be the legal position of Educational Service Unit 7 to presume that the employee has understood and will abide by this policy.
4.    Nothing in this policy shall be construed to prevent Educational Service Unit 7 from taking appropriate disciplinary action against any employee who violates this policy, including, but not limited to, subjecting such employee to an oral reprimand, a written reprimand, suspension with pay, suspension without pay, termination, cancellation or nonrenewal of employment and reporting of any law violations or other drug related conduct which interferes with the ability of any employee to perform his or her duties, to the appropriate licensing agency, if any, which has jurisdiction over any such employee.
5.    It shall be the policy of Educational Service Unit 7 to provide drug abuse awareness training to all employees employed at the time of the adoption of this policy.  Such training shall, if practicable, be provided with six (6) months of the adoption of this policy.  New employees will receive such training within six months of the date of each such employee’s employment.  The training shall include, but not be limited to, the following:
a.    A definition of drug abuse;
b.    Information on specific drugs and the effects of drug abuse;
c.    Dangers of drug abuse in the workplace;
d.    Availability of counseling and treatment services; and
e.    Disciplinary action, which may be imposed on employees for violations of this policy.
6.    Disciplinary action sought to be imposed by the Administrator or his or her designee shall be carried out in accordance with the established policies of Educational Service Unit 7.  However, nothing in this policy shall be construed to vest any right in any employee beyond that required by law and the manner in which each case shall be handled shall be in the sole discretion of the Administrator subject to that such action be carried out within the bounds of applicable law.
7.    Conviction of an employee of Educational Service Unit 7 of any criminal statute relating to the use, possession, manufacture, distribution, dispensing, or sale of any controlled substance, whether at the workplace or elsewhere, may result in disciplinary action being taken against such employee.  When such conviction shall come to the attention of the Administrator or other official of Educational Service Unit 7, any employee convicted as above described may be disciplined in any manner provided by statute, the contract of the employee, any existing policy of Education Service Unit 7 or any other applicable body of law.  As used herein “applicable body of law” shall not be limited to, state and federal statutes, state and federal regulation, any applicable law.
8.    As an alternative to discipline or as a concurrent requirement to the disciplinary action less severe than the maximum disciplinary action that may be carried out against an employee as referred to in the immediately preceding paragraph, Educational Service Unit 7, by and through its Administrator, may require the employee to successfully finish a drug abuse program.  As used herein, the term “drug abuse program” shall mean a drug abuse program sponsored by an approved private or governmental institution.  The Administrator may require the employee to provide the Administrator written documentation satisfactory to the Administrator that the employee has successfully finished such program.  If aftercare is recommended by such institution, then the Administrator in his sole discretion may require the employee to enroll in such aftercare program and to participate in a manner satisfactory to the provider of such aftercare program.  The Administrator may require ongoing reporting of such participation as a term and condition of continuing employment by such employee at Education Service Unit 7.
9.    It shall be the policy of Educational Service Unit 7 to require an employee who has been legally charged or convicted of a violation of any statute as hereinabove referred to in this policy to report such charge or conviction to the Administrator.  Such reporting shall be taken into account in considering the severity of the discipline if any, to be carried out against such employee.  Such reporting shall be a factor to be taken into account by the Administrator in making a determination as to whether the employee shall be favorably considered for participation in a drug abuse program or aftercare program as set forth in the immediately preceding paragraph as a concurrent requirement to some disciplinary action or as an alternative to disciplinary action.  It shall further be the policy of Educational Service Unit 7 to be of assistance to any employee known to have committed to any criminal violation of a drug-related nature and this policy shall serve as disclosure that any information received pursuant to this policy may be used in any lawful manner.  Any employee having concerns about any admission hereunder constituting self-incrimination shall bear the burden of seeking his or her own legal advice regarding any such potential self-incrimination.

(Adopted August 20, 1990)
(Revised August 19, 2002)
(Revised November 19, 2012)
 

3.25.01 Drug Free Workplace Policy Record Keeping

1.    The date and nature of any incidents of non-compliance with the Educational Service Unit 7 policies pertaining to the unlawful possession, use, or distribution of illicit drugs or alcohol by employees.

2.    The nature of any sanction carried out against any such person in violation of such policies.

3.    A brief description of any treatment, counseling, or rehabilitation that any such individual in violation of any such policy shall have undertaken and  whether such undertaking was voluntary or involuntary.

(Adopted August 20, 1990)
(Revised August 19, 2002)
(Revised October 15, 2012)

 

3.25.02 Review of Drug Free Workplace Policy Program

It shall be the policy of Educational Service Unit 7 to review biannually its entire program pertaining to the prevention of the use of illicit drugs and the abuse of alcohol by employees to determine the effectiveness of the program and to implement such changes to the program as are deemed needed.

The Administrator shall undertake such study as is deemed appropriate to determine whether the program of the Educational Service Unit 7 as hereinabove referred to is accomplishing its intended goals.  If the Administrator determines that changes are necessary or desirable in the program, the Administrator shall, on or before the regular July meeting of the Board of Directors, present to the Board of Directors such changes as are proposed by the administration in the program of Educational Service Unit 7.

ACKNOWLEDGEMENT OF UNDERSTANDING AND RECEIPT OF BAORD STANDARDS AND POLICIES PROHIBITING THE UNLAWFUL POSSESSION, USE, OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL ON THE UNIT PREMISES OR AS A PART OF ANY OF EDUCATIONAL SERVICE UNIT 7 ACTIVITIES.

I, the undersigned, do by affixing my signature hereto acknowledge that I understand the absolute prohibition of Educational Service Unit 7 against any employee of Educational Service Unit 7 engaging in unlawful possession, use, manufacture, or distribution of illicit drugs and alcohol on the Educational Service Unit 7 premises or as a part of any of Educational Service Unit 7 activities as defined by board policy or administrative directive.  I further understand by affixing my signature hereto that disciplinary sanctions up to and including termination of my employment and referral of me for criminal prosecution may be imposed upon me for any violation of these standards.  I further agree to be bound by these standards and acknowledge that I have been fully notified and that all policies have been explained to my satisfaction and full understanding by appropriate Educational Service Unit 7 personnel.  I further understand that compliance with these standards is mandatory and is a material term and condition of my employment by Educational Service Unit 7.



Dated this_________day of__________________, 20___.



    ______________________________________
Signature of Employee

(Adopted August 20, 1990)
(Reviewed June 17, 2002)
(Reviewed October 15, 2012)

ACKNOWLEDGMENT AND RECEIPT
 

I, the undersigned, herewith acknowledge that I have received a copy of the Educational Service Unit 7 Drug Free Workplace Policy, have read the policy and understand it, and by affixing my signature hereto in the presence of a witness indicate that I agree to be bound by the terms and conditions of the said policy and recognize it as a material term of my employment with Educational Service Unit 7.  The signature of the undersigned acknowledges the permission of the undersigned to place a copy of this ACKNOWLEDGMENT and Receipt in the personnel file of the undersigned.




Dated this_________day of __________________________, 20____.



________________________________        _____________________________
Employee                        Witness

3.26 Employees with Communicable and Infectious Disease

It shall be the policy of Educational Service Unit 7 that no employee of Educational Service Unit 7 shall be permitted to provide service to any school or facility contracting with Educational Service Unit 7 for services when that employee is afflicted with any communicable or infectious disease or condition for which reasonable precautions are not effective to prevent the spread of the communicable or infectious disease.


Educational Service Unit 7 employees assigned to schools served will follow the school’s policies regarding communicable diseases.

Educational Service Unit 7 employees are also subject to the Board Policies of Educational Service Unit 7 regarding sick leave; Policy 3.4 and the Negotiated Agreement.

It shall further be the policy of Educational Service Unit 7 that any employee who contracts Hepatitis B or Human Immunodeficiency Virus (hereinafter called HIV) also referred to as AIDS Related Complex (ARC) and Acquired Immune Deficiency Syndrome (AIDS), or other diseases which are carried through the life of the infected person and have the potential to be transmitted shall report the same in a confidential manner to the administrator of Educational Service Unit 7.  If the employee intends to continue his/her service with Educational Service Unit 7, the administrator shall convene a planning team, within 10 days, which shall evaluate the medical and psychological condition of the employee and shall determine whether reasonable accommodations exist so that the employee may continue his/her service with Educational Service Unit 7 so long as he/she is physically able to do so.  The administrator shall be authorized to exclude an employee from school, with pay, during the planning period, if such exclusion is deemed necessary to protect the employees and students.

This planning team shall include, but not be limited to the following:

1.    The employee.
2.    The employee’s representative (at the option of the employee).
3.    The employee’s personal physician (at the option of the employee).
4.    The Educational Service Unit 7 administrator or designee.
5.    The employee’s immediate supervisor.
6.    The administrator(s) of the school or schools served by the employee.
7.    The Educational Service Unit 7 medical representative (at the option of the Educational Service Unit 7 administrator).
8.    The Educational Service Unit 7 attorney (when appropriate).
9.    The consultants representing the Nebraska State Departments of Health and Education.

The planning team shall make recommendations which would enable the employee to either return to or continue work, continue to work on a modified basis or terminate employment.  In doing so, the team shall: (1) receive a medical overview of the employee’s condition and listen to the concerns and desires of the employee and his/her supervisors; (2) take into consideration the many types of interaction the employee has with students and other employees; (3) determine the nature of the risk (e.g., how the disease is transmitted); (4) determine the duration of the risk (how long the carrier is infectious); (5) determine the severity of the risk (the potential harm to third parties) and; (6) determine the probability the disease will be transmitted and will cause varying degrees of harm.  The recommendations should pertain to the employee, students, other employees, supervisors, as well as use of restroom facilities, lunchroom facilities, transportation, the employee’s performance responsibilities, any emergency procedures and community relations.  The planning team shall prepare a written report within ten calendar days of its first meeting.  Upon completion thereof, the Educational Service Unit 7 administrator shall convene a meeting of the board of Educational Service Unit 7 and shall provide each member of the Educational Service Unit 7 Board with the recommendations.  At the meeting, the Board will go into closed session and discuss the recommendations and make any revisions necessary for implementation.

In the event that the planning team is unable to develop recommendations for an employee to continue service with Educational Service Unit 7, then appropriate steps will be taken to terminate employment.  Before termination, utilization of accumulated sick leave benefits, personal leave benefits, vacation benefits (if applicable), implementation of any disability benefits and participation in the Educational Service Unit 7 group medical insurance plan at the employee’s expense will be analyzed to assure that Educational Service Unit 7 is in compliance with applicable federal and state laws and regulations.

In the event that after the planning team develops its findings, the affected employee doesn’t agree with the planning team’s finding, the employee may request a hearing before the Board of Educational Service Unit 7.

Prior to scheduling a hearing, the Educational Service Unit 7 Board may be notified that a case of chronic infectious disease has been identified in the Educational Service Unit 7 area, but the name of the employee or any identifiers of said employee will not be disclosed.

At such hearing, the administrator shall present or cause to be presented evidence in support of such findings and recommendations of the planning committee make pursuant to this policy.  Such a hearing shall be conducted pursuant to policies of Educational Service Unit 7.

To protect the privacy of an employee and his/her family, the knowledge that the employee has a communicable or infectious disease or condition shall be limited to those persons who have a direct need to know unless the employee elects to waive his/her privacy rights.  When it becomes necessary to disclose confidential information to other persons, they will also be provided with information concerning the necessary precautions and will be informed of confidentiality requirements.

An employee’s refusal to work with a person with a chronic infectious disease shall not be considered a valid reason for not completing assigned responsibilities.  However, no employee shall be required to work under any condition or perform tasks which could endanger his/her health, safety, or well being.  An employee may be directed at Educational Service Unit 7 expense, to knowledgeable professionals who can discuss the cause of diseases, transmission, and employee concerns.

(Adopted April, 1990)
(Reviewed June 17, 2002)
Revised October 15, 2012)
 

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection.  I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself.  However, I decline hepatitis B vaccination at this time.  I understand by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.

    Staff Member________________________________Date__________________

 

3.26.01 Control Plan for Bloodborne Pathogens

It shall be the policy of Educational Service Unit 7 to adopt an Exposure Control Plan for the purpose of eliminating or minimizing employee exposure to job related risks associated with bloodborne pathogens.  It is the further purpose of this policy to provide a legal and structural framework in which the administration shall develop procedures and practices for purposes such as, but not limited to, identifying employees with occupational exposure risks from bloodborne pathogens, informing such employees of such risks, informing such employees of their rights, implementing methods of record keeping, and implementing practices to minimize or eliminate, where possible, risks to employees from bloodborne pathogens.  “Employees” as used herein shall mean an employee of Educational Service Unit 7 or a student teacher assigned to and under the supervision of Educational Service Unit 7.  “Employee” as used herein does not include volunteers, trainees other than student teachers assigned to Educational Service Unit 7, under the supervision of Educational Service Unit 7, or independent contractors.

I.    Exposure Determination

The Administrator with such personnel and professionals as he may designate shall identify job categories in which it is reasonable to anticipate that an employee will have skin, eye, mucous membrane, or parenteral contact with bloodborne pathogens or other potentially infection materials.  Such risk of exposure shall be based upon employment circumstances of an employee.  When considering whether a job category is one which carries with it a risk of exposure, the fact that an employee may be required to wear personal protective equipment while performing duties in which the risks referred to in this policy are anticipated shall not result in a determination that the job category is one without risk.  Once the Administrator has identified job categories, those job categories shall be reduced to writing and maintained by the Administrator in the administrative offices of Educational Service Unit 7.  The job categories which are identified as those for which an exposure risk has been determined shall be made available to each employee of Educational Service Unit 7 at a unit-wide inservice or in such other reasonable means as may be determined by the Administrator.  The distribution of categories determined to present a risk of exposure shall be distributed to all employees at least annually.  Any person employed since the last distribution of the list shall be provided at the time of employment with such list.

II.    Procedures and Universal Precautions

It shall be the policy of the Educational Service Unit 7 to periodically direct and train all employees to handle all blood or other potentially infectious materials as if contaminated by a bloodborne pathogen.  Under circumstances in which differentiation between fluid type is difficult or impossible, all body fluids shall be considered potentially infections materials.  It shall be the duty of the Administrator or his/her designee to see that all employees in job categories in which it is reasonable to anticipate the exposures addressed by this policy are instructed and informed of all reasonable universal precautions in handling blood or other potentially infections materials as have been identified pursuant to this policy.  It shall further be the duty of the Administrator or his/her designee to see that work practices are developed and followed that will eliminate or minimize exposure, that will define the nature of personal protective equipment where appropriate, provide for proper use of such personal protective equipment, and if necessary, provide proper training and disposal methods for any sharps which may be contaminated by blood or other potentially infectious materials.  The Administrator or his/her designee shall develop regulations pertaining to general hygienic measures such as the use of disinfectants, hand washing, food and beverage handling and storage, and where appropriate, Maintenance and identification of sources of “mess kits”, and antiseptic towelettes and other hygienic items of similar nature.

III.    Schedule and Method of Implementation of Policy

It shall be the duty of the Administrator or his/her designee to inform all employees of hazards caused by blood or other potentially infectious materials which contain or may contain bloodborne pathogens.  Such communication to employees shall be as determined by the Administrator or his/her designee and shall be for the purpose of informing employees in such areas as avoiding risk, handling potentially infectious materials, reporting exposure, avoiding exposure when possible, being informed of prophylactic measures, communicating possible or probable detriments to an employee from exposure, and training employees in methods of risk and exposure avoidance.  Such communications shall be made from time to time in such manner and with such frequency as Administrator or his/her designee may direct.

IV.    Record Keeping Procedures

a.    Medical Records

It shall be the duty of the Administrator or his/her designee to develop record keeping procedures for any employee of the Educational Service Unit 7 who has been exposed to bloodborne pathogens or other infectious materials as are described in 29 C.F.R § 1910.1030.  The Administrator or his/her designee shall be responsible for ascertaining that a permanent record is established wherein such records may be any employee who has suffered an occupational exposure within the meaning of this policy for a period of the duration of employment plus 30 years.  In the event that there is no successor entity to receive and retain the records as shall be kept pursuant to this policy, it shall be the duty of the Administrator or his/her designee to notify the Directory of the National Institute for Occupational Safety and Health at least 3 months prior to the disposal of such records.   The Administrator shall see that medial records are provided by this section of the policy shall consist of at least the following:

1.    Name and social security number of the employee;
2.    A copy of the employee’s Hepatitis B vaccination status, including the dates of all the Hepatitis B vaccination and any medical records relative to the employee’s ability to receive such vaccination;
3.    A copy of all results of examinations, medical testing and follow up procedures;
4.    The employer’s copy of the health care professional’s written opinion required by 29 C.F.R. § 1910,1030 (f);
5.    A copy of the information provided to the health care professional pursuant to federal regulations.

b.    Training Records

In addition to the medical records provided by this policy section, the Administrator shall see that training records are adequately maintained, which shall consist of least the following.

i.    The dates of the training sessions;
ii.    The contents or as summary of the training sessions;
iii.    The names and qualifications of the person conduction the training;
iv.    The names and job titles of the person attending the training sessions.

Such training records shall be maintained by the Administrator or his/her designee for a period of three years from the date on which training referred to in the records occurred.

V.    Procedure for Evaluation of Exposure Incidents

It shall be the duty of the Administrator or his/her designee to develop, with the advice of appropriate health care professionals, procedures for evaluation and follow up of exposure incidents.  Generally, it shall be the duty of the Administrator or his/her designee to define exposure incidents, to develop a method to have employees who experience and exposure incident immediately report such exposure to the Administrator or his/her designee, to offer a confidential medical evaluation and follow-up to such employee, to identify the infectivity status of any source individual involved in the exposure incident, to obtain within the bounds of the law blood samples of the source individual, the employee, and obtain tests for HBV and HIV serological status, to see that such blood samples are preserved in accordance with the law, to offer post-exposure prophylaxis when medically indicated to the exposed employee and to provide information to be provided to the health care professional shall consist at  least of a copy of 29 C.F.R. § 1910.1030 bloodborne pathogen standard, a description of the exposed employee’s duties as they relate to the exposure incident, documentation of the routes of exposure, circumstances under which the exposure occurred, results of the source individual’s blood testing if available, and all medical records relevant to the appropriate treatment of the employee, including vaccination status.  All medical evidence as required by federal regulation resulting from application of this procedure shall be retained in accordance with the medical records portion of this policy.  If the employee who has been exposed refuses Hepatitis B vaccination, whether medically indicated or not, the Administrator or his/her designee shall present such employee with the Hepatitis B vaccination declination form which is incorporated by reference into this policy and its attached as Appendix A.

VI.    Employee Rights

It shall be the duty of the Administrator or his/her designee to inform all employees of the Educational Service Unit 7 of their rights, entitlements, and benefits arising out of any exposure to blood or other infectious materials covered by this policy and as set forth in 29 C.F.R. § 1910.1030 and to develop a plan to see that the Educational Service Unit 7 is in compliance with affording each employee all rights, entitlements, and privileges afforded such employee by this policy and applicable law pertaining to bloodborne pathogens and other infectious materials.


APPENDIX A

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring Hepatitis B virus (HBV) infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine, at no charge to myself.  However, I decline Hepatitis B vaccination at this time.  I understand that by declining this vaccine I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis B vaccine, I can receive the vaccination series at no charge to me.



(Adopted August 16, 1993)
(Reviewed June 17, 2002)
(Revised October 15, 2012)
 

3.27 Bereavement

Qualifying employees shall be granted bereavement leave without loss of pay for a death in the immediate family. The immediate family includes husband, wife, children, spouses of children, parents, grandchildren, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, stepparents, stepbrother, stepsister or stepchildren or persons bearing the same relation to the spouse.

Qualifying employees shall be granted 3 days (24 hours) per bereavement of immediate family members, prorated by FTE.  Sick Leave may be used for additional bereavement leave. The number of sick leave days for bereavement will be determined by the administrator/director/designee after discussing the employee’s needs.

A maximum of 1 day (8 hours) leave per bereavement, prorated by FTE, will be allowed to attend funerals of relatives or personal friends not included in the above paragraph with administrator/supervisor review and approval.

Special Education Certificated Staff will follow negotiated Master Agreement bereavement procedures.


(Adopted May 21, 1990)
(Reviewed June 17, 2002)
(Revised December 15, 2008)
(Revised November 19, 2012)
(Reviewed November 21, 2016)
 

3.28 Jury Duty Short Term Leave

It shall be the policy of Educational Service Unit 7 to grant short-term leave to its employees for the reasons listed below. 

A. Jury Duty:  Employees who are called for jury duty will be granted a short-term leave with full pay for time needed. Employees who receive notification of jury duty are to report this to their immediate supervisor. 

B. Witness Duty:  Employees who are subpoenaed for witness duty will be granted a leave with full pay for time needed. Employees who receive a subpoena for witness duty are to report this to their immediate supervisor. 

C. National Guard or Reserve Duty: Employees who are called to such duty are to notify their immediate supervisor. 

 

Compensation for Jury, Witness, National Guard, or Reserve duty shall be handled as outlined below: 

A. If the duty involves time in evenings or on weekends, any fee received may be retained by the staff member.

B. If the duty takes place during regular working hours, the staff member may elect any of the following options: 

     1. He/she may turn the fee over to the Educational Service Unit; 
     2. He/she may retain the fee and count the time involved as deducted from his
         vacation time; if vacation time is applicable; 
     3. He/she may retain the fee and have the appropriate amount of salary for the time
         spent deducted from his/her daily rate of pay.

(Adopted August 20, 1990))
(Revised August 19, 2002)
(Revised November 19, 2012)

 

3.29 Maternity Leave

There are no separate leaves for maternity purposes.  Leave for maternity reasons can be applied for under the guidelines set up for sick leave, but not in conflict with state or federal statutes.


(Adopted June 18, 1990)
(Reviewed June 17, 2002)
(Revised November 19, 2012)
 

3.29.01 Milk Expression

Educational Service Unit 7 will provide reasonable break time for an employee who wishes to express breast milk for her nursing child in a place, other than a bathroom, which is shielded from view and free from intrusion from co-workers and the public for one year after the child’s birth.

(Adopted December 17, 2012)
(Reviewed April 18, 2017)

3.30 Family and Medical Leave

Family and Medical Leave Act will be granted to eligible employees to the extent required by federal law.

 
(Reviewed November 19, 2012)
(Reviewed April 18, 2017)

3.31 Release from Contract

The request by any contracted employee for release from his/her contract will not be granted unless one or more of the following conditions are met:

1.    A suitable and qualified replacement has been employed to fill the position.

2.    The release is effective after the completion of current contract obligations but on or before June 15.

3.    The conditions of the resignation are in the best interests of Educational Service Unit 7.

(December 17, 1990)
(Reviewed June 17, 2002)
(Reviewed November 19, 2012)
 

3.32 Teaching/Professional Experience

Teaching/professional experience shall be the time which a nonsupervisory certificated staff member has engaged in or carried out one or more of the following responsibilities.

1.    Organizing and management of the classroom (learning area).

2.    Diagnosis and assessment of individual needs.

3.    Planning, selecting, organizing, prescribing, and/or directing the learning experience of individuals.

4.    Selection of resources (materials and/or equipment) to enhance individual learning.

5.    Evaluation and reporting of individual progress.

6.    Consultation services for individuals.
 

Certificated means possessing certificate or license from a State and/or National Certifying Agency.


(Adopted July 15, 1991)
Reviewed June 17, 2002)
Reviewed November 19, 2012)
 

3.33 Employment of Related Persons

All Otherwise qualified individuals will be given equal opportunity for Educational Service Unit 7 employment positions with the exception that no member of the board of Education Service Unit 7 will be employed by Educational Service Unit in any position requiring a state license or state certification.

In order to minimize any potential conflict of interest, when applying for a position with Educational Service Unit 7, which is not prohibited by law, the applicant will give notice to the Board of Educational Service Unit 7 and to the public by providing a written statement to the Board of Educational Service Unit 7 disclosing the nature and extent of the applicant’s familial relationship to a board member or Educational Service Unit 7 employee. The written notice must be given prior to the Board of Educational Service Unit 7 taking official action on the employment contract.

In order to minimize any potential conflict of interest or appearance of a conflict of interest, any board member who is related by blood or marriage to an applicant for a position shall:

  1. Not vote on the employment contract or compensation in question;
  2. Not act as a representative of the Board of Educational Service Unit 7 in inspecting or evaluating the job postion in question;
  3. Not act as a representative of the Board of Educational Service Unit 7 to enter into or execute the employment contract in question;
  4. Provide a statement for inclusion in the board minutes to demonstrate that disclosure of a familial relationship with an applicant was made prior to any hiring decisions.

If an immediate family member of a Board of Educational Service Unit 7, or an employee of Educational Service Unit 7 becomes an applicant for an employment position, the Board of Educational Service Unit 7 member and/or the Educational Service Unit 7 employee shall, as soon as practicable after learning of such fact, complete NADC Form C-4 entitled “Employment of Immediate Family Members Disclosure Statement” which the administrator shall maintain in the personnel director’s office, or a substantially similar statement, and file it with the secretary of the board of Educational Service Unit 7.

Except as above restricted, otherwise qualified people may be employed in any job capacity or serve as an Educational Service Unit 7 board member regardless of their familial relationships with Educational Service Unit 7 or with any employee or board member of Educational Service Unit 7.


(May 17, 1993)
(Reviewed June 17, 2002)
(Reviewed July 19, 2010)
(Reviewed November 19, 2012)

 

3.34 Tobacco Policy

ESU 7 is a smoke/tobacco free campus. Smoking, and the use of tobacco in any form, is not allowed on ESU 7 properties. The use of tobacco products is prohibited in all buildings and all vehicles. Smoking shall also be prohibited in any area where staff, students, or members of the public may be present or may be affected by smoke, and near the entry of the ESU 7 buildings. For purposes of this policy, tobacco means any nicotine delivery device or products not approved by the Federal Drug Administration (FDA) 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.


(October 20, 2014)
(Revised November 17, 2014)

 

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