ETHICS &
CONDUCT
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.
.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.
(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.
(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.
(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.
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.
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.
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.
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.
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.
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
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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 ageappropriate 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.
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
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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:
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.
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.
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
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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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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
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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.
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.
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.
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.
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.
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.
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.
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 schoolowned 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.
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
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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.
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.
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.
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.
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
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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.
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.
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.
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.
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.
F. Referrals
Each motor vehicle operator who violates acts prohibited by Part 382 or G.S. 20138.2B, 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.
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.
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
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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.
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.
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.
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