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ETHICS & CONDUCT. SECTION.0600 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR NORTH CAROLINA EDUCATORS.0601 PURPOSE AND APPLICABILITY The purpose.

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Presentation on theme: "ETHICS & CONDUCT. SECTION.0600 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR NORTH CAROLINA EDUCATORS.0601 PURPOSE AND APPLICABILITY The purpose."— Presentation transcript:

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4 SECTION.0600 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR NORTH CAROLINA EDUCATORS.0601 PURPOSE AND APPLICABILITY The purpose of these Rules is to establish and uphold uniform standards of professional conduct for licensed professional educators throughout the State. These rules shall be binding on every person licensed by the SBE, hereinafter referred to as "educator" or "professional educator," and the possible consequences of any willful breach shall include license suspension or revocation. The prohibition of certain conduct in these rules shall not be interpreted as approval of conduct not specifically cited. History Note: Authority G.S. 115C-295.3; Eff. April 1, 1998.

5 .0602 STANDARDS OF PROFESSIONAL CONDUCT (A) The standards listed in this Section shall be generally accepted for the education profession and shall be the basis for State Board review of performance of professional educators. These standards shall establish mandatory prohibitions and requirements for educators. Violation of these standards shall subject an educator to investigation and disciplinary action by the SBE or LEA. (B) Professional educators shall adhere to the standards of professional conduct contained in this Rule. Any intentional act or omission that violates these standards is prohibited. (1) Generally recognized professional standards. The educator shall practice the professional standards of federal, state, and local governing bodies. (2) Personal conduct. The educator shall serve as a positive role model for students, parents, and the community. Because the educator is entrusted with the care and education of small children and adolescents, the educator shall demonstrate a high standard of personal character and conduct.

6 (3) Honesty. The educator shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties including the following: (A) statement of professional qualifications; (B) application or recommendation for professional employment, promotion, or licensure; (C) application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit; (D) representation of completion of college or staff development credit; (E) evaluation or grading of students or personnel; (F) submission of financial or program compliance reports submitted to state, federal, or other governmental agencies; (G) submission of information in the course of an official inquiry by the employing LEA or the SBE related to facts of unprofessional conduct, provided, however, that an educator shall be given adequate notice of the allegations and may be represented by legal counsel; and (H) submission of information in the course of an investigation by a law enforcement agency, child protective services, or any other agency with the right to investigate, regarding school related criminal activity; provided, however, that an educator shall be entitled to decline to give evidence to law enforcement if such evidence may tend to incriminate the educator as that term is defined by the Fifth Amendment to the U.S. Constitution.

7 (4) Proper remunerative conduct. The educator shall not solicit current students or parents of students to purchase equipment, supplies, or services from the educator in a private remunerative capacity. An educator shall not tutor for remuneration students currently assigned to the educator's classes, unless approved by the local superintendent. An educator shall not accept any compensation, benefit, or thing of value other than the educator’s regular compensation for the performance of any service that the educator is required to render in the course and scope of the educator’s employment. This Rule shall not restrict performance of any overtime or supplemental services at the request of the LEA; nor shall it apply to or restrict the acceptance of gifts or tokens of minimal value offered and accepted openly from students, parents, or other persons in recognition or appreciation of service. (5) Conduct with students. The educator shall treat all students with respect. The educator shall not commit any abusive act or sexual exploitation with, to, or in the presence of a student, whether or not that student is or has been under the care or supervision of that educator, as defined below: (A) any use of language that is considered profane, vulgar, or demeaning; (B) any sexual act; (C) any solicitation of a sexual act, whether written, verbal, or physical; (D) any act of child abuse, as defined by law; (E) any act of sexual harassment, as defined by law; and (F) any intentional solicitation, encouragement, or consummation of a romantic or physical relationship with a student, or any sexual contact with a student. The term "romantic relationship" shall include dating any student.

8 (10) Compliance with criminal laws. The educator shall not commit any act referred to in G.S. 115C-332 and any felony under the laws of the United States or of any state. (11) Public funds and property. The educator shall not misuse public funds or property, funds of a school-related organization, or colleague's funds. The educator shall account for funds collected from students, colleagues, or parents/legal guardians. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (12) Scope of professional practice. The educator shall not perform any act as an employee in a position for which licensure is required by the rules of the SBE or by Chapter 115C or the North Carolina General Statutes during any period in which the educator's license has been suspended or revoked. (13) Conduct related to ethical violations. The educator shall not directly or indirectly use or threaten to use any official authority or influence in any manner that tends to discourage, restrain, interfere with, coerce, or discriminate against any subordinate or any licensee who in good faith reports, discloses, divulges, or otherwise brings to the attention of an LEA, the SBE, or any other public agency authorized to take remedial action, any facts or information relative to actual or suspected violation of any law regulating the duties of persons serving in the public school system, including but not limited to these Rules. History Note: Authority G.S. 115C-295.3; Eff. May 1, 1998.

9 Standards for Professional Conduct Recap: Proper Conduct: We are the example that we set for our students. Honesty & Confidentiality are Crucial. Inappropriate Behavior with or around students, or any behavior perceived to be inappropriate. Scope of Professional Practice – If at any time your teaching license through NC is revoked or suspended, you cannot continue to serve in a position that requires licensure. Conduct related to Ethical Violations – You are prohibited from using your position with Iredell-Statesville Schools to coerce or influence any subordinate’s or student’s behavior and/or actions.

10 Policy Code: 1710/4021/7230 Prohibition Against Discrimination and Harassment The board believes that all employees and students should be free of unlawful discrimination, including harassment, as a part of a safe, orderly and inviting working and learning environment. The board commits itself to nondiscrimination in all its educational and employment activities. The board expressly prohibits unlawful discrimination or harassment, including on the basis of race, color, national origin, sex, pregnancy, religion, age or disability. The board also prohibits retaliation against an employee or student who has exercised any rights made available through state or federal law. Any violation of this policy is considered a serious violation and appropriate action will be taken in response to a violation. A. Application of Policy All persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district must comply with all applicable federal and state laws and regulations regarding nondiscrimination. Visitors also are expected to comply with applicable laws, including the prohibition against harassment of students or employees.

11 B. Discrimination Complaint Procedures 1. Students Students and parents are encouraged to submit any complaints of discrimination or harassment, other than sexual harassment, through the grievance procedure established in policy 1740/4010, Student and Parent Grievance Procedure. The complaint procedure for sexual harassment is established in policy 1745/4027, Sexual Harassment Complaint Procedure for Students. 2.Employees Employees are encouraged to submit any complaints of discrimination or harassment, other than sexual harassment, through the grievance procedure established in policy 1750/7220, Grievance Procedure for Employees. The complaint procedure for sexual harassment is established in policy 1755/7237, Sexual Harassment Complaint Procedure for Employees.

12 C. Notice The superintendent is responsible for providing effective notice to students, parents and employees of the procedures for reporting and investigating complaints of discrimination, including sexual harassment. The school district will investigate complaints of discrimination and harassment and will take reasonable steps to eliminate the discrimination or harassment. D.Coordinators The superintendent or designee will publish the names, addresses and phone numbers of the "Title IX coordinator" (for sex discrimination), "Section 504 coordinator" (for discrimination on the basis of disability) and the "ADA coordinator" (also for discrimination on the basis of disability) in a manner intended to ensure that employees, applicants, students, parents and other individuals who participate in the school district's program are aware of the coordinators. The purpose of the coordinator positions is to provide additional protection of nondiscrimination rights. The coordinator either must (1) implement a resolution to a discrimination complaint, to the extent a resolution can be reached and the coordinator has the authority to implement corrective action or (2) notify the superintendent that intervention by other school officials is required to resolve the situation.

13 E.Records The superintendent or his or her designee shall maintain confidential records of complaints or reports of discrimination which identify the names of any individuals accused of discrimination and the resolution of such reports or complaints. The superintendent also shall maintain records of training, corrective action or other steps taken by the district to help provide an environment free of discrimination and harassment. F.Diversity Programs The board is committed to promoting the worth and dignity of all individuals regardless of race, color, religion, national origin, sex, pregnancy, age or disability. The board directs the superintendent to establish training and other programs to help eliminate unlawful discrimination and to foster an environment of understanding and respect for all individuals. G.Evaluation The superintendent is required to evaluate the effectiveness of efforts to correct or prevent discrimination and will share these evaluations periodically with the board.

14 Legal References: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission's "Final Amended Guidelines on Discrimination Because of Sex"; Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq.; The Rehabilitation Act of 1973, 29 U.S.C. 706(8), -794, 34 C.F.R. pt. 104; The Americans With Disabilities Act, 42 U.S.C. 12134, 28 C.F.R. pt. 35; Office of Civil Rights, Sexual Harassment Guidance: Harassment of Students by School Employees, Students or Third Parties, 62 Fed. Reg. 12,034 (1997); Office of Civil Rights, Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance, 59 Fed. Reg. 11,448 (1994); G.S. 126-16 Cross References: Student and Parent Grievance Procedure (policy 1740/4010), Sexual Harassment Complaint Procedure for Students (policy 1745/4027), Grievance Procedure for Employees (policy 1750/7220), Sexual Harassment Complaint Procedure for Employees (policy 1755/7237) Adopted: December 10, 2001 Revised: IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

15 Policy Code: 1735/4025/7235 Harassment Defined Harassment can be a type of unlawful discrimination. Harassment is unwanted, unwelcome and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include but is not limited to epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons or technology generated visuals. Legitimate age- appropriate pedagogical techniques are not considered harassing behavior. The hostile environment can be created through pervasive or persistent misbehavior or a single incident, if sufficiently severe. It is possible for harassment to occur at various levels; between fellow students or co-workers, between supervisors and subordinates, between employees and students, or imposed by non-employees, including visitors, on employees and/or students.

16 Legal References: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission's "Final Amended Guidelines on Discrimination Because of Sex"; Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq.; The Rehabilitation Act of 1973, 29 U.S.C. 706(8), -794, 34 C.F.R. pt. 104; The Americans With Disabilities Act, 42 U.S.C. 12134, 28 C.F.R. pt. 35; Office of Civil Rights, Sexual Harassment Guidance: Harassment of Students by School Employees, Students or Third Parties, 62 Fed. Reg. 12,034 (1997); Office of Civil Rights, Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance, 59 Fed. Reg. 11,448 (1994); G.S. 126-16 Cross References: Student and Parent Grievance Procedure (policy 1740/4010), Grievance Procedure for Employees (policy 1750/7220) Adopted: December 10, 2001 Revised: IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

17 Policy Code: 1736/4026/7236 Sexual Harassment Defined Sexual harassment is one form of harassment. Sexual harassment undermines the integrity of the employment relationship. The board is committed to providing an educational and work environment that is free of sexual harassment. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

18 1. submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, academic progress, or completion of a school-related activity; or 2.submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or in the case of a student, submission to or rejection of such conduct is used in evaluating the individual's performance within a course of study or other school-related activity; or 3. such conduct is sufficiently severe, persistent or pervasive so that it has the purpose or effect of unreasonably interfering with an employee's work or performance or a student's educational performance; limiting a student's ability to participate in or benefit from an educational program or environment; or creating an abusive, intimidating, hostile, or offensive work or educational environment.

19 Examples of sexually harassing conduct include, but are not limited to, deliberate, unwelcome touching of a sexual nature or that takes on sexual connotations; suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats; pressure for sexual activity; continued or repeated offensive sexual flirtations, advances or propositions; continued or repeated verbal remarks about an individual's body; sexually degrading words used toward an individual or to describe an individual; or the display of sexually suggestive objects or pictures, including technology generated words, objects or pictures. It is possible for sexual harassment to occur at various levels: between fellow student or co-workers; between supervisors and subordinates; between employees and students; or imposed by non-employees, including visitors, on employees and/or students. In addition, sexual harassment can occur between members of the opposite sex or the same sex.

20 Legal References: Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission's "Final Amendment Guidelines on Discrimination Because of Sex"; Office of Civil Rights, Sexual Harassment Guidance: Harassment of Students by School Employees, Students or Third Parties, 62 Fed. Reg. 12,034 (1997); Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998); Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1999) Cross References: Sexual Harassment Complaint Procedure for Students (policy 1745/4027), Sexual Harassment Complaint Procedure for Employees (policy 1755/7237), Staff-Student Relations (policy 7310) Adopted: December 10, 2001 Revised: IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

21 Policy Code: 1755/7237 Sexual Harassment Complaint Procedure for Employees The board takes seriously all complaints of discrimination. Any employee with a complaint of discrimination or harassment, other than sexual harassment, is encouraged to notify school officials and seek either an informal resolution or submit a grievance in accordance with policy 1750/7220, Grievance Procedure for Employees. In fulfilling its obligation to maintain a positive and productive work environment, the board and school district officials will make reasonable, timely and effective corrective action to end sexual harassment against an employee.

22 A. Informal Resolution The board acknowledges that reports of harassment, including sexual harassment, may be addressed informally through such methods as conferences or mediation, and the board encourages the use of such procedures to the extent possible. If an informal process is used, the school official responding to the complaint must notify the complainant of his or her option to request formal procedures at any time and must make a copy of this policy and other relevant policies available. In those circumstances where informal procedures fail or are inappropriate or where the complainant requests formal procedures, the complaints will be investigated promptly, impartially and thoroughly according to the following procedure.

23 B. Definitions Accused harasser: the employee, student or visitor alleged to have harassed the complainant. Complainant: the employee complaining of being sexually harassed. Days: the working days, exclusive of Saturdays, Sundays, vacation days or holidays, as set forth in the aggrieved employee's employment calendar. In counting days, the first day will be the first full working day following receipt of the grievance. When a grievance is submitted on or after May 1, time limits will consist of all weekdays (Monday - Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible. Investigator: the school official responsible for investigating and responding to the complaint (which may be the personnel administrator or other designated school official).

24 C. Timeliness of Process The number of days indicated at each level should be considered a maximum. Every effort should be made to expedite the process. Failure by the official at any step to communicate a decision within the specified time limit will permit the grievant to appeal the grievance to the next step unless the official has notified the grievant of the delay and the reason for the delay, such as the complexity of the investigation or report. The official will make reasonable efforts to keep the grievant apprised of progress being made during any period of delay. Delays may not impermissibly interfere with the exercise of any legal rights. Failure by the grievant at any step to appeal a grievance to the next step within the specified time limit will be considered acceptance of the decision at that step, unless the grievant has notified the official of a delay, the reason for the delay and the official has consented in writing to the delay.

25 D.General Requirements 1.No reprisals or disciplinary action of any kind will be taken by the board or by an employee of the school district against any party in interest or other employee on account of his or her filing of a complaint or participation in an investigation of a complaint filed and decided pursuant to this policy, unless the employee reporting the harassment or a participating employee knows or has reason to believe the report is false or knowingly provides false information. 2. All meetings and hearings conducted pursuant to this policy will be private. 3.The board and school district will consider requests to hear grievances from a group of grievants, but the board and officials have the discretion to respond to individual complainants. 4.The complainant may have a representative, including an attorney, at any stage of the complaint. 5. Should, in the judgment of the superintendent or designee, the investigation or processing of any complaint require the absence of the complainant and/or representative from regular work assignments, such absences will be excused without loss of pay or benefits.

26 E. Process for Complaint 1. Reporting Complaint a. An employee or job applicant who believes he or she has been sexually harassed may make a complaint orally or in writing with any of the following: immediate supervisor; or the assistant superintendent for human resources. A grievance must be filed as soon as possible but no longer than 30 days after disclosure or discovery of the facts giving rise to the grievance. For a grievance submitted after 30 days which claims a violation, misapplication or misinterpretation of state or federal law, including discrimination, the superintendent or designee will determine whether the grievance will be investigated after considering factors such as the reason for the delay; the extent of the delay; the effect of the delay on the ability of the school district to investigate and respond to the complaint; and whether the investigation of the complaint is necessary to meet any legal obligations. However, employees should recognize that delays in reporting may significantly impair the ability of the school district to investigate and respond effectively to such complaints. b. Any supervisor who receives a sexual harassment complaint, or has reason to believe an employee is being sexually harassed shall notify the assistant superintendent for human resources immediately. Any supervisor who fails to report promptly allegations or claims of sexual harassment may be subject to disciplinary action.

27 2.Investigation a. Upon receiving notification of a harassment complaint, the assistant superintendent of human resources will authorize and supervise the investigation of the complaint and/or investigate the complaint (hereinafter referred to as the investigator). b. The investigator will impartially, promptly and thoroughly investigate the complaint. Failure to investigate and/or address claims of sexual harassment will result in disciplinary action. The investigator will interview (1) the complainant; (2) the accused harasser; and (3) any other persons the investigator has reason to believe may have relevant knowledge concerning the complaint. c. Information will be shared only with individuals who need the information in order to investigate and address the complaint appropriately. d. The investigator will review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred.

28 3. Investigator's Report a. The investigator will make a written report of the findings of the investigation. The investigator will notify the complainant of the results of the investigation within 15 days of receiving the complaint unless additional time is necessary to conduct an impartial, thorough investigation. The report to the complainant will specify: (1) whether the complaint was substantiated; (2) whether the accused harasser violated relevant law or board policy by his or her actions (regardless of whether the complaint as submitted is substantiated); and (3) if the investigator determines that sexual harassment has occurred, the investigator also will specify: reasonable, timely, effective corrective action intended to end the harassment; if needed, reasonable steps to address the effects of the harassment on the complainant; and if needed, reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.

29 Information regarding disciplinary action imposed on the accused harasser will not be given to the complainant unless the information relates directly to the complainant (e.g., an order requiring the accused harasser not to have contact with the complainant). b.The investigator will submit the full report and investigative findings to the Title IX coordinator. c. If the corrective steps involve actions outside the scope of the investigator's responsibilities, the superintendent also will be notified so that responsibility for the corrective steps can be delegated to the appropriate individual. d. The accused harasser will be informed of the results of the investigation in regard to whether the complaint was substantiated, whether the accused harasser violated board policy or law (regardless of whether the complaint was substantiated), and what, if any, disciplinary actions or consequences will be imposed upon the accused harasser in accordance with board policy. The accused harasser may appeal any disciplinary action or consequences in accordance with board policy and law.

30 4. Appeal a.If the complainant is dissatisfied with the investigator's report, the complainant may appeal the report to the superintendent. The appeal must be in writing within five days of receiving the investigator's report. The superintendent may review the documents, conduct any further investigation necessary or take any other steps the superintendent determines to be appropriate in order to respond to the complaint. The superintendent will provide a written response within 10 days after receiving the complaint, unless further investigation is necessary. b.b. If the complainant is dissatisfied with the superintendent's response, the complainant may appeal the decision to the board within five calendar days of receiving the superintendent's response. The board may review the documents, direct any further investigation be conducted before making a determination or take any other steps the board determines to be appropriate in order to respond to the complaint. The board will hold a hearing in accordance with board policy 2500 upon the request of the complainant or at the board's discretion. The board will provide a written response within 30 days after receiving the complaint, unless further investigation is necessary or the hearing necessitates that more time be taken to respond.

31 F. Records Records will be maintained as required by policy 1710/4021/7230. Legal References: Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission's "Final Amendment Guidelines on Discrimination Because of Sex"; Burlington v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998); G.S. 115C-335 Cross References: Prohibition Against Discrimination and Harassment (policy 1710/4021/7230), Sexual Harassment Defined (policy 1736/4026/7236), Grievance Procedure for Employees (policy 1750/7220), Hearings Before the Board (policy 2500) Adopted: December 10, 2001 Revised: IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

32 Prohibition of Discrimination and Harassment Recap: EVERY employee has the right to come to work every day and not feel that they are being subjected to any type of harassment or discriminatory behavior in any form. Iredell-Statesville Schools has a no tolerance policy for any type of harassment and/or discriminatory behavior. Iredell-Statesville Schools cannot help to rectify any situation that we are unaware of. Any employee who feels that they are being discriminated against or harassed in any way, needs to follow the complaint procedure outlined in this policy.

33 Policy Code: 3225/7320 Internet and the Educational Program This policy addresses acceptable use of telecommunications, including the Internet. The policy shall apply to all students and staff members in the Iredell-Statesville School System. The Internet is a unique opportunity to enhance instructional methods, appeal to different learning styles, and meet the educational goals of the board. Through the Internet, users can observe events as they occur around the world, interact with others on a variety of subjects, and acquire access to current and in-depth information. As the Internet is made available in the schools, the use of the Internet should be integrated into the educational program. The Internet should be used in teaching the North Carolina Standard Course of Study and in meeting the educational goals of the board. The curriculum committee should provide suggestions for using the Internet in the curriculum guides as provided in board policy 3115, Curriculum and Instructional Guides. Teachers are encouraged to further incorporate the use of the Internet into their lesson plans. The superintendent shall ensure that school district computers with Internet access comply with federal requirements regarding filtering software and Internet safety policies. The superintendent will develop any procedures necessary to meet such requirements.

34 Requirements for Use of the Internet The use of the Internet is a privilege, not a right. Any users of the Internet, including staff and students, must comply with the following requirements. 1.The Internet is provided for school-related purposes only. No right of privacy exists in any communication on the Internet. The school district may monitor all communication and intercept e-mail messages as a part of ensuring compliance with board policy and applicable laws and regulations. The school district shall monitor all online activities of minors who access the Internet via a school-owned computer. 2.All users of telecommunications, including the Internet, will adhere to the Telecommunications Code of Ethics for Iredell-Statesville Schools. 3.Students must meet all standards of expected student behavior and comply with all board policies and school standards and rules. 4. Employees must comply with all relevant board policies in using the Internet.

35 5. No user of the Internet, including a person sending or receiving electronic communications, may engage in creating, intentionally accessing or transmitting images, documents or other material that is obscene, defamatory, pornographic harassing or considered to be harmful to minors. 6. Staff and students are responsible for the educational, ethical and legal use of the Internet and materials obtained through the Internet and other electronic networks. All applicable laws and board policies apply, including those relating to copyrights/trademarks, confidential information and public records. Any use that violates state or federal laws is strictly prohibited. 7. When using e-mail, chat rooms or other forms of electronic communication, students must not reveal personally identifiable, private or confidential information, such as home address or telephone number, of themselves or fellow students. In addition, school personnel shall not disclose on the Internet personally identifiable information concerning students without the permission of a parent/guardian or an eligible student, as provided in the Family Educational Rights and Privacy Act (FERPA) or board policy 4700, Student Records.

36 8. Users of the school district computer system or Internet access are prohibited from engaging in unauthorized or unlawful activities such as "hacking" or using the computer network to gain or to attempt to gain unauthorized or unlawful access to other computers or computer systems. Users shall not trespass in files, folders or storage areas of any kind of other users, the school district or other computer networks. 9. If a user can identify a security problem on the Internet or the school computer system, he/she must immediately notify a system administrator. Users shall not demonstrate the problem to other users. Any user identified as a security risk shall be denied access 10. Users are prohibited from using another individual's computer account without prior written permission from the individual. 11. Teachers will make reasonable efforts to supervise a student's use of the Internet during instructional time.

37 12. Use of the Internet for commercial gain or profit is not allowed from an educational site. 13. Views may be expressed as representing the view of the school district or part of the school district only with prior approval by the superintendent or his or her designee. 14. A signed responsibility form from all instructional staff will be kept on file in the school. A signed parental consent form will be on file before students are allowed access to the Internet and other electronic networks. This consent will be obtained for all students once in elementary school, once in middle school and once in high school or whenever the student changes schools. 15. Staff and students who fail to adhere to this policy and the Telecommunications Code of Ethics are subject to disciplinary action by the superintendent, up to and including suspension or dismissal.

38 Restricted Material Before a student may use the Internet for any purpose, the parent must be made aware of the possibility that the student could obtain access to inappropriate material. The parent and student must sign a consent form acknowledging that the student user is responsible for appropriate use of the Internet and consenting to the school district monitoring the student's e-mail communication and use of the Internet. The board is aware that there is information on the Internet that is not related to the educational program. The board also is aware that there is information and opportunities to communicate on subjects that are not suitable for school-age children and that many parents would find objectionable.

39 The school district will take reasonable precautions to prevent students from having access to inappropriate materials, such as violence, nudity, obscenity or graphic language which does not serve a legitimate pedagogical concern. The school district will install or will ensure that its Internet service provider installs a technology protection measure that blocks or filters Internet access to audio or visual depictions that are obscene, that are considered child pornography or that are harmful to minors. School officials may disable such filters for an adult who uses a school- owned computer for bona fide educational research or other lawful, educational purpose. The school district will not limit access to the Internet for the purpose of restricting access to political ideas or social perspectives if the action is not rated simply by a school district official's disapproval of the ideas involved. However, the user is ultimately responsible for his or her activity on the Internet.

40 Legal References: U.S. Const. amend. I; 17 U.S.C. 101 et seq.; Electronic Communications Privacy Act, 18 U.S.C. 2510-2522; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; G.S. 115C-391, -325(e) Cross References: Curriculum and Instructional Guides (policy 3115), Technology in the Educational Program (policy 3220), Copyright Complaint (policy 3230/7330), Standards of Expected Student Behavior (policy 4310), Public Records (policy 5070), Staff Responsibilities (policy 7300) Document References: Telecommunications Code of Ethics (policy 3225/7320 Exhibit 1) Adopted: June 11, 2001 Revised: March 11, 2002 IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

41 Internet and the Educational Program Recap: You are responsible for not only your use of the internet in your classroom, but the use of the internet by the students in your classroom as well. Internet can be used for researching of a lesson plan topic, checking your Iredell-Statesville Schools e-mail correspondence, or in general, anything related to your work duties. You are asked to avoid websites such as E-bay, Overstock.com, etc. First violation/warning will result in a verbal request that you not visit the sites any longer. Second Request will be written. Third and final request will be in the form of your internet access being terminated while at work.

42 Policy Code: 7240 Drug-Free and Alcohol-Free Workplace The board of education recognizes that reducing drug and alcohol abuse in the workplace improves the safety, health and productivity of employees. It is the policy of the board of education that a drug-free and alcohol-free workplace will be maintained. The board prohibits the unlawful manufacture, distribution, dispensing, possession, or use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroids, alcohol, counterfeit substances, designer drugs (such as ecstasy or ice) or any other controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. §812) and further defined by regulation at 21 C.F.R. §1300.11 through §1300.15. No employee will be impaired by the excessive use of prescription or nonprescription drugs.

43 Employees are prohibited from using or being under the influence of alcohol while acting in the course and scope of the employees' duties. This policy does not apply to an employee's consumption of alcoholic beverages that are served at a reception or other similar function that occurs outside the regular workday and that the employee is authorized or required to attend as a part of his or her employment duties. This policy will govern each employee before, during or after school hours while on any property owned or leased by the board of education; at anytime during which the individual employee is acting in the course and scope of his or her employment with the board of education; and at any time that the employee's violation of this policy has a direct and adverse effect upon his or her job performance. An employee must notify his or her supervisor in writing of any conviction under any criminal drug statute for a violation occurring within the scope of the preceding paragraph of this policy.

44 Notification will be given not later than five calendar days after such conviction. Within ten (10) days of receiving a notice of conviction by an employee whose position is funded in any part by a federal grant, the school district will notify the funding agency of the conviction. Violation of this policy will subject an individual to personnel action by the board of education which could result in non-renewal or termination of employment with the school district or the requirement that the employee participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved by the board of education. Information concerning available counseling, rehabilitation and re-entry programs will be provided to employees. This policy is not violated by an individual's proper use of a drug lawfully prescribed for that individual by a licensed health-care provider. This policy will be distributed to all employees.

45 Legal References: 21 U.S.C. §812; 41 U.S.C. §701 et seq.; G.S. 20-138.2B; 115C-36 Cross References: Drug and Alcohol Testing of Commercial Motor Vehicle Operators (policy 7241) Adopted: October 14, 1991 Revised: December 12, 1994; March 11, 2002 IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

46 Drug-Free and Alcohol-Free Workplace Recap: No Alcohol or Drug use, possession, manufacturing, will be permitted on school property at any time. This policy governs every employee, student, and visitor on Iredell-Statesville Schools property. Any conviction involving any of the above listed acts, is required to be reported to the supervisor by the staff member no more than five (5) calendar days following the conviction.

47 Policy Code: 7241 Drug and Alcohol Testing of Commercial Motor Vehicle Operators The purpose of this policy is to help ensure safe operation of school vehicles and to comply with federal law and regulations by establishing a comprehensive program of drug and alcohol testing for school bus drivers and all other commercial motor vehicle operators employed by the board of education. The superintendent shall establish administrative procedures for conducting the drug and alcohol tests authorized by this policy and dictated by the regulations in Title 49 of the Code of Federal Regulations, parts 40 and -382. A. Applicability Persons subject to this policy include any employee, volunteer or independent contractor who operates a commercial motor vehicle in the course of duties for the board of education, including anyone who regularly or intermittently drives a school bus, activity bus or other vehicle designed to transport sixteen or more people, including the driver.

48 B. Prohibited Acts Commercial motor vehicle operators employed by the board will not be impaired by alcohol or by a prescription or nonprescription drug while on duty or while operating any motor vehicle. For the purposes of this policy, an employee will be considered impaired by alcohol in all cases when testing reveals a blood alcohol content of greater than 0.00. Further, no driver will be permitted to perform safety sensitive functions if evidence exists of alcohol consumption. In addition, commercial motor vehicle operators, and anyone who supervises commercial motor vehicle operators, will not commit any act prohibited by federal law, including "Controlled Substance and Alcohol Use Testing" (49 C.F.R. pt. 382) (hereinafter referred to as Part 382), by this policy or by board policy 7240.

49 C. Testing The administration will carry out pre-employment, post-accident, random, reasonable suspicion, return-to-duty and follow-up testing for drugs and alcohol as required by Part 382. School bus drivers and others employed by the board for the primary purpose of operating a commercial motor vehicle will undergo pre-employment testing. Employees whose duties include occasional driving will not be subject to pre-employment testing but must undergo all other testing required by Part 382. All employees must undergo drug and alcohol testing before driving a commercial motor vehicle for the board of education. D. Pre-Employment Inquiry All applicants who would be subject to this policy if employed will consent in writing to the release of any information gathered pursuant to Part 382 by any of the applicant's previous employers. Before employing any applicant covered by this policy or Part 382, the administration will obtain, pursuant to written consent, all records maintained by the applicant's previous employer of prohibited acts by the applicant that have taken place in the two years prior to the inquiry date.

50 E.Training and Education Each commercial motor vehicle operator and supervisory employee, including principals and assistant principals, will be provided with educational materials that inform the employees of drug testing procedures, prohibited acts, consequences and other aspects of Part 382, this policy and any attached administrative procedures. The information also will identify a school district employee who will be responsible for providing information on substance abuse. Each employee will sign a statement certifying receipt of these materials. Each supervisor responsible for overseeing the performance of commercial motor vehicle operators, including principals and assistant principals, will undergo at least one hour of training concerning alcohol misuse and an additional hour of training concerning drug abuse. Workshops and staff development activities will be held for all employees each year as a part of the alcohol- and drug-free workplace program. In addition, an employee wellness fair will be available for all employees each year and will include information on substance abuse. Printed material related to wellness and substance abuse will be furnished to all employees several times during the year.

51 F. Referrals Each motor vehicle operator who violates acts prohibited by Part 382 or G.S. 20- 138.2B, other than provisions governing pre-employment testing, will be provided with information concerning resources available for evaluating and resolving drug or alcohol misuse. This information will include names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs. Before anyone who has committed a prohibited act under Part 382 or G.S. 20-138.2B will be allowed to drive again, that person must be evaluated by a substance abuse professional and must satisfactorily complete any appropriate treatment designated by the substance abuse professional. Upon reentry of an employee from an alcohol or drug facility, school personnel will abide by confidentiality rules and, as appropriate, will provide for conference time with the immediate supervisor.

52 G. Penalties Employees who have committed a prohibited act, refused any test required by this policy or otherwise violated this policy, G.S. 20-138.2B or Part 382, will be subject to disciplinary action up to and including dismissal. H.Procedures All procedures provided in the Federal Highway Administration's "Procedures for Transportation Workplace Drug Testing Programs" (49 C.F.R. pt. 40) for collection and testing and all requirements in Part 382, including testing, reporting, record retention, training and confidentiality, will be followed. Copies of these federal regulations will be readily available. The superintendent will develop any other procedures necessary to carry out these regulations.

53 Legal References: 49 U.S.C. app. §2717; 49 C.F.R. pts. 40, -382; G.S. 20-138.2B Cross References: Drug-Free and Alcohol-Free Workplace (policy 7240) Adopted: October 14, 1991 Revised: December 12, 1994; March 11, 2002 IREDELL - STATESVILLE SCHOOLS --------------------------------------------------------------------------------

54 Drug and Alcohol Testing of Commercial Motor Vehicle Operators Recap: Any employee who will be licensed or receive clearance to drive a commercial motor vehicle will be drug tested upon receiving their license. Every month, there will be a random drug testing conducted. Violation of this policy, refusal to submit to random drug testing will result in disciplinary action up to and including dismissal.

55 Family Educational Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students.“ Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

56 Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31): School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law.

57 Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. The Iredell-Statesville Schools Board of Education Policy that applies to FERPA and student records is Policy Code: 4700 Student Records


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