| Status | Adopted |
| Original Adopted Date | 09/09/2019 |
| Last Revised Date | |
| Last Reviewed Date | 09/09/2019 |
The School of the Osage respects the opinions of district employees and will not take action against district employees solely for speech that is protected by state or federal law. The superintendent or designee may contact the district's attorney prior to taking disciplinary action to ensure compliance with these laws.
While there are numerous statutes, constitutional provisions and court cases on this subject, this policy is intended to address only the requirements of § 105.055, RSMo
Definitions
Disciplinary Action – Any dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal or withholding of work, regardless of whether the withholding of work has affected or will affect a district employee's compensation.
District Employee – Any employee, volunteer, intern or other individual performing work or services for the district.
Employee Responsibilities
The district encourages district employees to be mindful of the impact their communication may have on the school district community and expects employees to take responsibility for their own communications regardless of whether the communication occurs while off duty or working. District employees are prohibited from representing their opinions as those of the district and are required to clarify, when necessary, when they are speaking as an individual and not as a representative of the district. All communications made by an employee while working for or representing the district must be professional.
Protected Communications
District administrators or supervisors will not prohibit an employee from discussing the operations of the district, either specifically or generally, with any member of the legislature, the state auditor, the attorney general, a prosecuting or circuit attorney, a law enforcement agency, the news media, members of the public, or any state official or body charged with the investigation of misconduct listed in this policy unless allowed by law.
Unless a disclosure is prohibited by law, neither the district nor its administrators and supervisors will prohibit a district employee from, or take disciplinary action against a district employee for, disclosing an alleged prohibited activity under investigation, any related activity or any information the district employee reasonably believes to be evidence of:
1. A violation of any law, rule or regulation;
2. Mismanagement;
3. A gross waste of district funds;
4. An abuse of authority;
5. Any violation of district policy;
6. A waste of public resources;
7. Any alteration of technical findings or communication of scientific opinion;
8. A breach of professional ethical canons; or
9. A substantial and specific danger to public health or safety.
All district employees and volunteers who have reasonable cause to suspect fraud must immediately report that suspicion to an administrator or supervisor pursuant to policy DA.
No administrator or supervisor shall require a district employee to provide notice prior to disclosing any activity listed above or prevent a district employee from testifying before a court or an administrative or legislative body regarding any alleged prohibited activity or disclosure of information.
Requests for Information and Testimony
In general and in accordance with law, the district will comply with legislative requests for information as well as any requests for information by a court or other legislative body. Likewise, the district will cooperate in situations where a court or legislative body seeks district employee testimony regarding any alleged prohibited activity.
District employees who receive a legislative request for information are required to inform district administrators or supervisors. District employees are also required to provide district administrators or supervisors information regarding the substance of any testimony the district employee makes to legislators on behalf of the district.
Leaving Work Areas
District employees are required to follow all applicable rules and supervisor instructions regarding attendance. A district employee may not leave assigned work areas during normal work hours to discuss district operations or to make protected disclosures under this policy, particularly in situations where students would be left unsupervised, unless the employee:
1. Is reporting suspected child abuse or neglect;
2. Is asked by a legislator or legislative committee to appear before a legislative committee;
3. Is otherwise entitled by law or as part of his or her duties to leave the assigned work area; or
4. Has requested and received permission from an administrator or supervisor to be relieved of his or her job duties for the purposes of reporting misconduct to the appropriate district authority. Such requests will be granted as soon as practical given the nature of the employee's job duties.
Unprotected Communications
Regardless of any protections afforded in this policy, a district employee may be disciplined for communicating information if the employee knew the information was false; if the information was disclosed in violation of the Missouri Sunshine Law or any other law; or if the disclosure was related to the employee's own violations, mismanagement, gross waste of funds, abuse of authority or endangerment of public health or safety.
Federal
20 U.S.C. § 1232g Family Educational Rights and Privacy Act 20 U.S.C. § 1400-1417 Individuals with Disabilities Education Act 29 U.S.C. §§ 2611-2619 Family and Medical Leave Act 42 U.S.C. §§ 12101-12213 Americans with Disabilities Act 7 C.F.R. Part 210 National School Lunch Program Pickering v. Board of Education, 391 U.S. 563 (1968) Connick V. Meyers, 461 U.S. 138 (1983) Garcetti v. Ceballos, 547 U.S. 410 (2006)
BDC CLOSED MEETINGS, RECORDS AND VOTES DA: Fiscal Responsibility
JHG: Reporting and Investigating Child Abuse and Neglect
JO-1-AP(1)
JO-1-AP(2) STUDENT RECORDS - (Disclosure of Photographs, Images and Recordings Maintained by the District) KL: Public Concerns and Complaints