07. Policy: Spring 2023 PLS Custom Updates

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Strategic Priority
Reason for Consideration
Graduates Prepared for Work, Higher Education and Citizenship
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Action
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Excellent Educators
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Information
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   Healthy, Safe and Responsible Students
 
Discussion
 
Operations and Support
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Dr. Brian Weaver will present the remaining 12 policies from the NCSBA Spring 2023 PLS Custom Updates.  These policies contain substantive changes as summarized below.  Dr. Weaver will answer any questions you may have.
 
  • 3101, Dual Enrollment.  Information has been added to reference the Career and College Promise Partnership Agreement now required by SBE Policy CACP-000.  Updates legal references.
 
  • 4023/7233, Pregnant and Parenting Students and Employees.  Adds a new Section B to address the rights of pregnant employees provided by the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act.  Changes policy number and title to reflect the new expanded scope of the policy.  Updates the legal and cross references. 
 
The Pregnant Workers Fairness Act (PWFA) requires ADA-like accommodations for pregnant women.This law makes it unlawful for the school system to (1) fail to make reasonable accommodations to a qualified employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the school system can demonstrate that the accommodation would impose an undue hardship on the operation of the school system; (2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than a reasonable accommodation arrived at through the interactive process; (3) deny employment opportunities to a qualified employee based on the need to make reasonable accommodations; (4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided; or (5) take adverse action in terms, conditions, or privileges of employment against a qualified employee because the employee is requesting or using a reasonable accommodation. 
 
  • 4310, Integrity and Civility.  Specifies that copying the work produced by artificial intelligence is considered plagiarism.  Includes other minor editorial changes. 
 
  • 5008, Automated Phone and Text Messaging.  Updated throughout to align with current caselaw and declaratory rulings concerning the Telephone Consumer Protection Act.
 
  • 5040, News Media Relations.  Moves information from the third to first paragraph and adjusts the language for consistency with policy 2220, Official School Spokesperson.  Includes other minor editorial changes.  Updates cross references. 
 
  • 6315, Drivers.  Changes language to expand the scope of this policy to cover all drivers operating any vehicle in the course of carrying out their employment duties.  Adds reference to policy 6305, Safety and Student Transportation Services.  Adds requirements that bus drivers (1) report all accidents that occur while driving a school vehicle, and (2) comply with the requirements of policy 7241, Drug and Alcohol Testing of Commercial Motor Vehicle Operators.  Includes other minor editorial changes.  
 
  • 6330, Insurance for Student Transportation Services.  References to liability insurance have been changed to liability coverage, and the second paragraph has been deleted because it was based on an old state law that is no longer applicable.  Includes minor editorial changes. 
 
  • 6402, Participation by Historically Underutilized Businesses.  Reorganizes and rewords language for clarity and to encourage the use of small businesses in accordance with state policy.  Updates the reporting requirements in Section B.  Updates legal references. 
 
  • 6430, Purchasing Requirements for Equipment, Materials, and Supplies.  Modifies language to ensure consistency with policy 6420, Contracts with the Board.  Modifies subsection E.3 to reflect a change to state law on competitive bidding requirements.  Fixes legal reference in E.7.  Updates legal references. 
 
  • 7503, Teleworking.  Includes references to the Pregnant Workers Fairness Act (PFWA).  Updates legal references.
 
  • 7810, Evaluation of Licensed Employees.  Modifies language for clarity.  Minor editorial changes.
 
  • 7815, Evaluation of Non-Licensed Employees.  Modifies language for clarity.
 
A motion is in order to accept the 12 policies listed above as first-read information.
 
Second-read approval will be scheduled for the next regular meeting in January.
 
Groups audience: