PERSONNEL

401.1 - EQUAL EMPLOYMENT OPPORTUNITY

The WACO Community School District shall provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.  The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented.  Employees will support and comply with the district's established equal employment opportunity and affirmative action policies.  Employees will be given notice of this policy annually.

The superintendent will serve as the affirmative action coordinator.  The affirmative action coordinator will have the responsibility for drafting the affirmative action plan.  The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.   In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment the school district will perform the background checks required by law.  Based upon the results of the background checks, the school district will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived. The district will perform repeat background checks on applicable employees as required by law. 

Advertisements and notices for vacancies within the district will contain the following statement:  "The WACO Community School District is an equal employment opportunity/affirmative action employer."  The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, WACO Community School District, 706 N. Pearl, Wayland, Iowa  52654; or by telephoning 319-256-6201.  Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

Legal Reference:                 29 U.S.C. §§ 621-634 (1988). 2 U.S.C. §§ 2000e et seq. (1988). 42 U.S.C. §§ 12101 et seq. (Supp. 1990). Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2001). 281 I.A.C. 12.4; 95.

Cross Reference:                 102     Equal Educational Opportunity

                                              403.5  Harassment

                                               405.2  Licensed Employee Qualifications, Recruitment, Selection

                                               411.2  Classified Employee Qualifications, Recruitment, Selection

                                               406     Affirmative Action Compliance

Adopted:                     3/19/98

Revised:                      8/17/2020, 3/18/2024

Reviewed:                   8/17/2020

PERSONNEL

401.2 - EMPLOYEE CONFLICT OF INTEREST

Employees' use of their position with the school district for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent.  Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees will not act as an agent or dealer for the sale of textbooks or other school supplies.  Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist will include, but not be limited to, any of the following:

            (1)  The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.

            (2)  The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

            (3)  The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.

If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity.  If the activity or employment falls under (3), then the employee must:

            · Cease the outside employment or activity; or

            ·  Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity.  Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract. 

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

Legal Reference:         Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2001).

Cross Reference:         203    Board of Directors' Conflict of Interest

                                    402.4  Gifts to Employees

                                    402.6  Employee Outside Employment

Adopted:                     3/19/98

Reviewed:                   4/15/19

Revised:                     3/18/2024

PERSONNEL

401.3 - NEPOTISM

More than one family member may be an employee of the school district.  It will be within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district.

The employment by the board of more than one individual in a family is on the basis of their qualifications, credentials and records.

NOTE:  School district employment of more than one family member is permissible by law.  School districts, however, have the discretion to prohibit the hiring of family members.  Boards that choose to prohibit nepotism should do so in board policy.  Boards that permit nepotism may want to add certain requirements to the hiring of family, such as requiring board approval prior to hire.  It is recommended that one family member not be allowed to supervise or evaluate another family member unless the superintendent or board approves it.  This policy is written to permit nepotism and, upon approval of the superintendent, one family member may supervise another.  The clause in brackets can be added to the policy if the board also want to approve the supervisory issue.

Legal Reference:         Iowa Code §§ 20; 71; 277.27; 279.8 (2001).

Cross Reference:         405.2  Licensed Employee Qualifications, Recruitment Selection

                                     411.2  Classified Employee Qualifications, Recruitment Selection

Adopted:                     3/19/98

Reviewed:                  4/15/19, 3/18/2024

Revised:                     

PERSONNEL

401.4 - EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint. Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons. persons.

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 10 (ten) days of speaking with the immediate supervisor, the employee may discuss it with the principal within 10 (ten) days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 10 (ten) days after speaking with the principal. Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

This policy is designed to create an appropriate process for pursuing general employee complaints.  However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic.

A formal grievance procedure is contained in the master contract between the employee's bargaining unit and the board.  This policy shall not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.

Legal Reference:                 Iowa Code §§ 20.7, .9; 279.8 (2001).

Cross Reference:                 307     Communication Channels

Adopted:                     3/19/98

Reviewed:                   8/17/2020

Revised:                      8/17/2020, 3/18/2024

PERSONNEL

401.5 - EMPLOYEE RECORDS

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Each employee may review the content of all of their personnel file, except confidential materials, during business hours by making an appointment with the superintendent or designee.  A representative of the employee's association, at the employee's, request, may accompany the employee in this review.  Said personnel file must not leave the office premises and the Superintendent or designee shall be present during the review of the file.  The employee may request copies of individual documents and shall be charged 10 cents per page except that the total amount charged for all copies cannot exceed $5.00.  Board members will only have access to an employee's file when it is necessary because of an employment related matter before the board.

It will be the responsibility of the superintendent to keep employees' personnel files current.  The board secretary is the custodian of employee records.

It will be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.

Note:   This supersedes former policy 750.

Legal Reference:         Iowa Code chs. 20; 21; 22; 91B (2001).

Cross Reference:         402.1  Release of Credit Information

                                    403    Employees' Health and Well-Being

                                    708    Care, Maintenance and Disposal of School District Records

Adopted:                     3/19/98

Reviewed:                   4/15/19, 3/18/2024

Revised:                      

PERSONNEL

401.5R1 - EMPLOYEE RECORDS REGULATION

Employee Personnel Records Content

1. Employee personnel records may contain the following information:
   • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
   • Individual employment contract.
   • Evaluations.
   • Application, resume and references.
   • Salary information.
   • Copy of the employee's license or certificate, if needed for the position.
   • Educational transcripts.
   • Assignment.
   • Records of disciplinary matters.
2. Employee health and medical records are kept in a file separate from the employee's personnel records.  Health and medical records may contain, but are not limited to:
   • Medical professional signed physical form.
   • Sick or long-term disability leave days.
   • Worker's compensation claims.
   • Reasonable accommodation made by the school district to accommodate the employee's disability.
   • Employee's medical history.
   • Employee emergency names and numbers.
   • Family and medical leave request forms.
3. The following are considered public personnel records available for inspection:
   • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
   • The dates the individual was employed by the government body;
   • The positions the individual holds or has held with the government body;
   • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
   • The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.  “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; and 
   • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

Records on applicants for positions with the school district are maintained in the central administration office.  The records will include, but not be limited to:

• Application for employment.
• Resume.
• References.
• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
• Affirmative action form, if submitted.

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

Adopted:                     3/19/98

Reviewed:                   4/15/19

Revised;                      05/23/01, 3/18/2024

PERSONNEL

401.6 - Limitations to Employment References

PERSONNEL

401.07 - TRANSPORTING OF STUDENTS BY EMPLOYEES

This policy statement applies to transportation of students for school purposes other than the regular bus route transporting of students to and from their designated attendance center.

Generally, transportation of students shall be in a motor vehicle owned by the school district and driven by an employee.  In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.

Employees who transport students for school purposes must have the permission of the principal or superintendent.

Legal Reference:         Iowa Code chs. 285; 321 (2001).

Cross Reference:         401.7  Employee Travel Compensation

                                    711    Transportation

                                    904.1  Transporting of Students in Private Vehicles

Adopted:                     6/18/98

Reviewed:                   4/15/19, 3/18/2024

Revised;                     

PERSONNEL

401.8 - EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses.  Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.

School Vehicles

Use of school vehicles is limited to employees or volunteers for the purpose of school business.  An employee will submit a vehicle request form to the superintendent's office to receive authorization for the use of the vehicle.  Following the trip, the employee will submit a written log of the miles driven, the destination, and the purpose of the trip.  The superintendent will develop such procedures and forms as are necessary to implement this policy.

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, will be approved by the superintendent or immediate supervisor.  It is the responsibility of the board to review the travel outside the school district by the superintendent through the board's audit and approval process. Travel outside the district by the superintendent will be approved by the board president.

Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances will be maintained as part of the school district's record of the claim.  If a school vehicle is not available for the employee's use, reimbursement for use of a personal vehicle for out of district travel will be at 26.5 cents per mile.

Failure to have a detailed, itemized receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Such expenses will be appropriate for the purpose of the travel.  Pre-approved expenses for registration will be limited to the actual cost of the registration. 

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed mileage at 26.5 cents per mile. Travel to/from home and work is never a reimbursable travel expense. Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district. 

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at 26.5 cents per mile.  Employees will be reimbursed for any travel from the building in which they begin their day of service to another building in the district.  Employees will not be reimbursed for travel from their home to the building where they begin their day of service or from the building where they end their day of service to their home.  It will be the responsibility of the superintendent or building principal to approve travel within the school district by employees.  No mileage will be added in connection with duties covered by the extra duty schedule.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel allowances within the district will be provided only after board approval.  Employees who are allowed a within district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

The superintendent will be responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

Legal Reference:         Iowa Constitution, Art. III, § 31.  Iowa Code §§ 70A.9-.11 (2001).  1980 Op. Att'y Gen. 512.

Cross Reference:         216.3   Board of Directors' Member Compensation and Expenses

                                    401.6  Transporting of Students by Employees

                                    401.10  Credit Cards

                                    904.1   Transporting Students in Private Vehicles

Approved:                   6/18/98

Reviewed:                   4/15/19

Revised:                      3/18/2024

PERSONNEL

401.9 - RECOGNITION FOR SERVICE OF EMPLOYEES

The board recognizes and appreciates the service of its employees.  Employees may be honored by the board, administration and staff in an appropriate manner.

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.

Employees who have served the district will be recognized as follows:

     Five Years = Engraved Nameplate

     Ten Years = Bell

     Fifteen Years = Pen & Pencil Set

     Twenty Years = Crystal Apple

     Twenty Five Years = Clock

     Thirty Years = Engraved Vase

Legal Reference:         Iowa Const. Art. III, § 31.  Iowa Code § 279.8 (2001).  1980 Op. Att'y Gen. 102.

Cross Reference:         407  Licensed Employee Termination of Employment

                                    413  Classified Employee Termination of Employment

Approved:                   6/18/98

Reviewed:                  4/15/19, 3/18/2024

Revised:                     4/15/19

PERSONNEL

401.10 - EMPLOYEE POLITICAL ACTIVITY

Employees shall not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

Legal Reference:         Iowa Code §§ 55; 279.8 (2001).

Cross Reference:         409.5  Licensed Employee Political Leave

                                    414.5  Classified Employee Political Leave

Approved:        6/18/98                       

Reviewed:       4/15/19           

Revised:          3/18/2024

PERSONNEL

401.11 - EMPLOYEE ORIENTATION

PERSONNEL

401.12 - EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the school district and to help ensure safety and security of people and property while on school district property or engaged in school-sponsored activities.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving as part of their work duties, except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations. 

Cell phones are not to be used for conversations involving confidential student or employee information. 

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

Employees violating the policy will be subject to discipline, up to and including, discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal References:   Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html

Iowa Code §§ 279.8; 321.276.

Cross References:      406 Licensed Employee Compensation and Benefits

                                    412 Classified Employee Compensation and Benefits

                                    707.5 Internal Controls

Approved:   3/16/2020

Reviewed:  3/16/2020, 4/15/2024

Revised:    3/16/2020

PERSONNEL

401.12R1 - EMPLOYEE USE OF CELL PHONES REGULATION

Cell phone Usage

1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
    
2. Cell phones should not be used to transmit confidential student or personal information either verbally or written.  
    
3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park.  

Cell Phone Business Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required.  The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied.

PERSONNEL

401.14 - BACKGROUND CHECKS ON EMPLOYEES AND VOLUNTEERS

Rescinded - May 20, 2024 - See 401.1 and 903.2 for background check policies

The Board believes in hiring and using quality employees and volunteers and supports appropriate background checks for all employees and volunteers to promote staff and student safety.  Therefore, the Board authorizes the superintendent to access and review specific information for each applicant for employment, each applicant to volunteer, every current employee and every current volunteer pursuant to this policy.

Applicants for Employment

For every applicant for employment with the District, the superintendent shall access and review certain background information for the applicant prior to hiring the applicant.  The superintendent shall access and review background information regarding the applicant from the following sources:

(1)               the Iowa court information system available to the general public;

(2)               the sex offender registry system available to the general public;

(3)               the central registry for child abuse information;

(4)               the central registry for dependent adult abuse information; and

(5)               the national criminal history database

(6)               The superintendent may utilize a background check service that meets the requirements of law to access this information.

If required by law, the superintendent shall also obtain the applicant’s fingerprints and submit the fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check. 

The superintendent may perform an ‘initial hire’ background check even if the Board of Educational Examiners (“BOEE”) has recently conducted a background check of the applicant. 

The applicant for employment shall not be charged for said background check, except as otherwise stated in this policy and/or permitted by law.  If the applicant is an employee who holds a license through the BOEE other than an initial license, the applicant may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks required under Iowa law.

An applicant for employment who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the applicant’s position with the district, as provided in the Iowa court information system or the national criminal history database, shall not be considered for employment with the District.

Current Employees

For every current employee employed by the District, the superintendent shall access and review certain background information regarding the employee at least every five (5) years.  The superintendent shall access and review background information regarding the employee from the following sources:

(1)               the Iowa court information system available to the general public;

(2)               the sex offender registry system available to the general public;

(3)               the central registry for child abuse information;

(4)               the central registry for dependent adult abuse information; and

(5)               the national criminal history database. 

(6)               The superintendent may utilize a background check service that meets the requirements of law to access this information.

The superintendent shall access and review the above background information regarding the employee at least every five (5) years.  For bus drivers the superintendent shall access and review the above background information regarding the employee at least every five (5) years during the twelve-month period when the employee’s license is renewed.  For all other employees, the superintendent shall access and review the above background information regarding the employee at least every five (5) years during the twelve-month period preceding every fifth-year anniversary of the employee’s date of hire.  The superintendent shall establish a schedule to review current employees’ background information.

The superintendent is not required to conduct background checks for current employees who are licensed with the BOEE and who have undergone certificate-renewal background checks through the BOEE.  The superintendent may rely upon the certificate-renewal background checks conducted by the BOEE for current employees licensed by the BOEE

The employee shall not be charged for said background check, except as otherwise stated in this policy and/or permitted by law.  If the employee holds a license through the BOEE other than an initial license, the applicant may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks required under Iowa law.

An employee who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the employee’s position with the district, as revealed and documented by the background check, shall be subject to immediate suspension from the employee’s duties, pending a termination hearing that shall be conducted pursuant to applicable Iowa law.

Volunteers

For every individual who wishes to volunteer with the district, the superintendent shall access and review certain background information for the volunteer prior to using the volunteer.  The superintendent shall access and review background information regarding the volunteer from the following sources:

(1)               the Iowa court information system available to the general public;

(2)               the sex offender registry system available to the general public;

(3)               the central registry for child abuse information;

(4)               the central registry for dependent adult abuse information; and

(5)               the national criminal history database.

The superintendent may utilize a background check service that meets the requirements of law to access this information.

The superintendent will re-check the background information for the volunteer as necessary and/or appropriate.

The volunteer may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks.

A volunteer who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the volunteer’s position with the district, as as revealed and documented by the background check, shall be prohibited from volunteering with the District.

Documentation

The superintendent and/or the superintendent’s designee shall be responsible for maintaining documentation demonstrating compliance with this policy.

Approved:       1/20/2014

Reviewed:       4/15/19

Revised:          

PERSONNEL

402.1 - RELEASE OF CREDIT INFORMATION

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed.  This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It is the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

Legal Reference:         Iowa Code §§ 22.7; 279.8 (2001).

Cross Reference:         401.5  Employee Records

Approved:                   6/18/98

Reviewed:                   5/20/2019, 4/15/2024

Revised:                     

PERSONNEL

402.2 - CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties. 

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.  

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.

NOTE:  All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years.  Once this certificate expires, subsequent training certificates will be valid for three years.  

 NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud. 

 NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession. 

Legal Reference:         Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2001).

                                    441 I.A.C. 9.2; 155; 175.

                                    1982 Op. Att'y Gen. 390, 417.

                                    1980 Op. Att'y Gen. 275.

Cross Reference:         402.3  Abuse of Students by School District Employees

                                    502.9  Interviews of Students by Outside Agencies

                                    507    Student Health and Well-Being

Approved:                   6/18/98

Reviewed:                   5/20/2019, 4/15/2024

Revised:                      8/21/2023

PERSONNEL

402.2E1 - SUSPECTED CHILD ABUSE REPORTING FORM

See Attached Form for current reporting form.

Contents of attached form:

Iowa Department of Human Services

SUSPECTED CHILD ABUSE REPORTING FORM

This form may be used as the written report which the law requires all mandated reports to file with the Department of Human Services, following an oral report of suspected child abuse.  Fill in as much information under each category as is known.  Submit the completed form to the local office of the Department of Human Services.

FAMILY INFORMATION

Name of Child ________________________  Age:_____ Date of Birth______________

Address:  _______________________________________________________________

Phone:  ____________________  School:  _____________________ Grade Level:  ____

Name of Parent or Guardian:  _____________________________ Phone (if different from child’s):  __________________

Address (if different than child’s):  ___________________________________________

Other Children in the Home:

Name

Birthdate

Condition

INFORMATION ABOUT SUSPECTED ABUSE:  In this section, indicate the date of suspected abuse, nature, extent and cause of the suspected abuse:  the person(s) thought to be responsible and who conducted the investigation.  Use the back of this form if necessary to complete the information as requested above and to identify individuals who have been informed of the child abuse, such as building administrator, supervisor, etc.

REPORTER INFORMATION:

Name and Title or Position:  ___________________________________________________________

Office Address:  ____________________________________________________________________

Phone:  ________________________________________Relationship to Child:  _________________

Name (s) of other mandatory reporter (s) who has/have knowledge of the abuse:  __________________________________________________________________________________

PERSONNEL

402.2R1 - CHILD ABUSE REPORTING REGULATION

Iowa law requires licensed employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse which they become aware of within the scope of their professional practice.

The law further specifies that a licensed employee who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that the licensed employee may be subject to civil liability for damages caused by the failure to report.

Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report, are immune from liability.

In accordance with Iowa Code, Child Abuse Defined:

"Child abuse" is defined as:

• Any nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
• The commission of a sexual offense with or to a child as a result of the acts or omissions of the person responsible for the child. Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
• The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
• The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.
• Any mental injury to a child's intellectual or psychological capacities evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional.
• An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.

Teachers in public schools are not "persons responsible for the care of the child" under this definition.  However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

Reporting Procedures

Licensed employees, including teachers and school nurses, are required to report orally within twenty-four hours to the Iowa Department of Human Services (DHS) when the employee reasonably believes a child has suffered from abuse within the scope of employment.  Within forty-eight hours of an oral report, a written report must be filed with DHS.

Each report should contain as much of the following information as can be obtained within the time limit.  However, the law specifies a report will be considered valid even if it does not contain all of the following information:

·         name, age, and home address of the child;

·         name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;

·         the child's present whereabouts if not the same as the parent's or other person's home address;

·         description of injuries, including evidence of previous injuries;

·         name, age, and condition of other children in the same home;

·         any other information considered helpful; and,

·         name and address of the person making the report.

Board policy states it is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  The DHS is responsible for investigating the incident of alleged abuse.

Approved:       6/18/98

Reviewed:      5/20/2019, 4/15/2024

Revised:         

PERSONNEL

402.3 - ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district. Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators are listed in the student handbook published annually in the local newspaper and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

NOTE:  This policy is a reflection of current Iowa law regarding abuse of students by school district employees.  Refer to the Iowa Department of Education training manual for supporting materials and forms: https://www.educateiowa.gov/sites/files/ed/documents/Ch102-Handbook-REV-April-2018.pdf. 

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.
 

Legal Reference:
Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.

I.C. Iowa Code
Description

Iowa Code § 232
Juvenile Justice

Iowa Code § 235A
Child Abuse

Iowa Code § 272A
Interstate Agreement of Qualification of Ed Personnel

Iowa Code § 280.17
Uniform School Requirements - Child abuse reporting

Iowa Code § 709
Sexual Abuse

Iowa Code § 728.12
Sexual Exploitation of a Minor

I.A.C. Iowa Administrative Code
Description

281 I.A.C. 102
Abuse of Students by School Employees Investigation Procedures

281 I.A.C. 103
Corporal Punishment, Physical Restraint, Seclusion

281 I.A.C. 12.3
Administration

441 I.A.C. 155
Human Services - Child Abuse Prevention

441 I.A.C. 175
Human Services - Abuse of Children

Cross References

Code
Description

104
Anti-Bullying/Harassment Policy

104-R(1)
Anti-Bullying/Harassment Policy - Investigation Procedures

104-E(1)
Anti-Bullying/Harassment Policy - Complaint Form

104-E(2)
Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E(3)
Anti-Bullying/Harassment Policy - Disposition of Complaint Form

401.06
Limitations to Employment References

402.02
Child Abuse Reporting

503.05
Corporal Punishment, Mechanical Restraint and Prone Restraint

503.06
Physical Restraint and Seclusion of Students

503.06-R(1)
Physical Restraint and Seclusion of Students - Regulation

503.06-E(1)
Physical Restraint and Seclusion of Students - Documentation Form

503.06-E(2)
Physical Restraint and Seclusion of Students - Debriefing Letter to Guardian of student Involved in an Occurrence Where Physical Restraint or Seclusion was Used

503.06-E(3)
Physical Restraint and Seclusion of Students - Debriefing Meeting Document

Approved:                   6/18/98

Reviewed:                   8/17/2020

Revised:                      8/17/2020, 4/15/2024

PERSONNEL

402.3E1 - ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REPORT FORM

Complaint of Injury to or Abuse of a Student by a School District Employee

Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.

Student's name and address

Student's telephone no.:

Student's school:

Name of employee accused of abusing student:

Allegation is of                 physical              sexual abuse*

Please describe what happened.  Include the date, time and where the incident took place, if known.  If physical abuse is alleged, also state the nature of the student's injury:

*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation.  Please indicate "yes" if the parent/guardian wishes to exercise this right:

                 Yes           No      Telephone Number                                

PERSONNEL

402.3E2 - ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Report of Level I Investigation

Student's name:

Student's age:             Student's grade:          

Student's address:

Student's school:

Name of accused school employee:

Building:

Name and address of person filing report:

Name and address of student's parent or guardian, if different from person filing report:

Date report of abuse was filed:           

Type of abuse reported:             __physical       sexual*

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?

                 Yes        No        Was the right exercised?        Yes          No

Describe the nature, extent and cause of the student's injury, if any and if known:  (Attach additional pages if needed).

Describe your investigation:  Attach additional pages if needed.  (Please do not use student witnesses' full names.)

Were audio tapes made of any interviews?      yes       no

Were video tapes made of any interviews?      yes       no

Was any action taken to protect the student during or as a result of the investigation?

      yes       no

            If yes, describe:

                student excused from school         

               school employee placed on administrative or other leave

                student assigned to different class

                other (please specify)

Level I investigator's conclusions:

[   ]       The complaint is being dismissed for lack of jurisdiction.

[   ]       Physical abuse was alleged, but no allegation of injury was made.

[   ]       Physical abuse was alleged, but no evidence of physical injury exists and the nature of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.

[   ]       Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.

[   ]       Alleged victim was not a student at the time of the incident.

[   ]       Alleged school employee is not currently employed by this school district.

[   ]       Alleged incident did not occur on school grounds, on school time, at a school-sponsored activity, nor in a school-related context.

[   ]       The complaint has been investigated and concluded at Level I as unfounded.

[   ]       Complaint was withdrawn.

[   ]       Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.

[   ]       The complaint has been investigated at Level I and is founded.

[   ]       The investigation is founded at Level I and is being turned over to Level II for further investigation.

[   ]       Investigation of the complaint was deferred at Level I and referred to law enforcement at this time.

[   ]       The investigation is concluded at Level I because the accused school employee has admitted the violation, has resigned, or has agreed to relinquish any teaching license held.

Current status of investigation:

[   ]       Closed.  No further investigation is warranted.

[   ]       Closed and referred to school officials for further investigation as a personnel matter.

[   ]       Deferred to law enforcement officials.

[   ]       Turned over to Level II investigator.

Other comments:

I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee's supervisor, and the student's parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher's certificate or license.                                                                                                                                                     

Name of investigator (please print)                             Investigator's place of employment                                                                       

Signature of investigator/Date

PERSONNEL

402.3R1 - ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REGULATION

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school nurse who is the school district's Level I investigator or to the building principal who is the alternate Level I investigator.  "Employee" means one who works for pay or as a volunteer under the direction and control of the school district.  Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will also be referred to the Title IX Coordinator and will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

A Level I report will be written, signed and witnessed by a person of majority age.  The witness may be the Level I investigator.  The reporter is the individual filing the report.  The report will contain the following:

• The full name, address, and telephone number of the person filing.
• The full name, age, address, and telephone number, and attendance center of the student.
• The name and place of employment of the employee who allegedly committed the abuse.
• A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.
• A list of possible witnesses by name, if known.
• Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

Upon request, the Level I investigator may assist the reporter in completing the report.  An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible.  An employee receiving a report of alleged abuse of a student by an employee will pass the report to the investigator and will keep the report confidential to the maximum extent possible.  In performing the investigation, the investigator will have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.

In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context.  However, the student need not be a student in the school district.  The student can be from another school district.  To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee.  If the report is not investigable due to lack of jurisdiction, the investigator will dismiss the complaint and inform the reporter of other options available.  Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:

• temporarily remove the student from contact with the employee;
• temporarily remove the employee from service; or,
• take other appropriate action to ensure the student's safety.

The Level I investigator shall have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.

Physical Abuse Allegations

When physical abuse is reported, the Level I investigator will make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report.  The employee named in the report will not receive a copy of the report until the employee is initially interviewed.

The Level I investigator will use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation will not discuss information regarding the complaint outside the investigation.  The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation.

Within five days of receipt of an investigable report, the Level I investigator will complete an informal investigation.  The informal investigation will consist of interviews with the student, the employee and others who may have knowledge of the alleged incident.  If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student's parents and the person filing the report.  Within fifteen days of receipt of the report, the Level I investigator will complete a written investigative report, unless the investigation was temporarily deferred.

The written investigative report will include:

1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3. The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator's opinion, the allegations in the report are either:

• Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
• Founded.  (It is likely that an incident took place.)

1. The disposition or current status of the investigation.
2. A listing of the options available to the parents or guardian of the student to pursue the allegations.  These options include, but are not limited to:

• Contacting law enforcement officials.
• Contacting private counsel for the purpose of filing a civil suit or complaint.
• Filing a complaint with the board of educational examiners if the employee is a licensed employee.

The investigator will retain the original and provide a copy of the written investigative report to the school employee named in the report, the employee's supervisor and the student's parent or guardian.  The person filing the report, if not the student's parent or guardian, will be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee.  The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply.  That is the responsibility of the Level II investigator.  Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator will notify law enforcement authorities.  If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator will refer the case on to the Henry County Sheriff's Office, the Level II investigator.

The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation.  The Level II investigative report will state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation.  In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:

Physical abuse is non-accidental physical injury to the student as a result of the action of an employee.  Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence.  The following do not constitute physical abuse, and no employee is prohibited from:

1. Using reasonable and necessary force, not designed or intended to cause pain:
2. To quell a disturbance or prevent an act that threatens physical harm to any person.
3. To obtain possession of a weapon or other dangerous object within a pupil's control.
4. For the purposes of self-defense of defense of others as provided for in Iowa Code § 704.3.
5. For the protection of property as provided for in Iowa Code §§ 704.4, .5.
6. To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises.
7. To prevent a student from the self-infliction of harm.
8. To protect the safety of others.
9. Using incidental, minor, or reasonable physical contact to maintain order and control.

In determining the reasonableness of the contact or force used, the following factors shall be considered:

1. The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee.
2. The size and physical condition of the student.
3. The instrumentality used in making the physical contact.
4. The motivation of the school employee in initiating the physical contact.
5. The extent of injury to the student resulting from the physical contact.

"Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.

Upon completion of the Level II investigation, the Level I investigator will forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent.  The Level I investigator will notify the person filing the report of the current status of the case.

If the Level II investigator's report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator may  file a complaint with the State Board of Educational Examiners.  The Level I investigator will also arrange for counseling services for the student if the student or student's parents request counseling services.

Sexual Abuse

Sexual abuse is defined as including sexual acts involving a student, acts that encourage the student to engage in prostitution, as well as inappropriate, intentional sexual behavior or sexual harassment by the employee toward a student.  "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

1. Submission to the conduct is made either implicitly or explicitly a term or condition of the student's education or benefits;
2. Submission to or rejection of the conduct is used as the basis for academic decisions affecting that student; or
3. The conduct has the purpose or effect of substantially interfering with a student's academic performance by creating an intimidating, hostile or offensive education environment.

When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report.  The employee named in the report will not receive a copy of the report until the employee is initially interviewed.  The designated investigator will not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred.

The investigator will notify the parent, guardian or legal custodian of a student in prekindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent's place.  The Level I investigator will interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse.  The Level I investigator may record the interview electronically.

The Level I investigator will exercise discretion in the investigative process to preserve the privacy interests of the individuals involved.  To the maximum extent possible, the investigator will maintain the confidentiality of the report.

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student.  If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator will defer the Level I investigation and immediately notify law enforcement officials, the student's parents and the person filing the report.

If the Level I investigator determines an incident occurred, while not an illegal sex act with a student or sexual exploitation of a student, but where the employee engaged in inappropriate, intentional sexual behavior, further investigation is warranted.  If further investigation is warranted, the Level I investigator may proceed to interview the employee and other individuals who may have knowledge of the circumstances contained in the report.  Prior to interviewing other individuals who may have knowledge of the circumstance contained in the report, the Level I investigator shall provide notice of the impending interview of student witnesses or the student who is in prekindergarten through grade six, to their parent, guardian, or legal custodian, and may provide notice to the parent or guardian of older students, prior to interviewing those students.  The Level I investigator will, if founded, arrange for the Level II investigator to further investigate the allegations.

Within fifteen days of receipt of the report or notice of alleged sexual abuse, the Level I investigator will complete a written investigative report unless the investigation was temporarily deferred.  The written investigative report will include:

1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3. The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator's opinion, the allegations in the report are either:
   • Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
   • Founded.  (It is likely that an incident took place.)
8. The disposition or current status of the investigation.
9. A listing of the options available to the parents or guardian of the student to pursue the allegations.  These options include, but are not limited to:

• Contacting law enforcement officials.
• Contacting private counsel for the purpose of filing a civil suit or complaint.
• Filing a complaint with the board of educational examiners if the school employee is certificated.

The investigator will retain the original and provide a copy of the investigative report to the school employee named in the report, the school employee's supervisor and the named student's parent or guardian.  The person filing the report, if not the student's parent or guardian, will be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

If the allegations are founded, the Level I investigation will refer the case to the Level II investigator.  The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation if necessary.  The Level II investigative report will state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation.  Upon completion of the Level II investigation, the Level I investigator will forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent.  The Level I investigator will notify the person filing the report of the current status of the case.

If the Level II investigator's report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator will file a complaint on behalf of the district after obtaining the superintendent's signature with the State Board of Educational Examiners.  The Level I investigator shall also arrange for counseling services for the student if the student or student's parents request counseling services.

In cases involving founded physical or sexual abuse by a licensed employee, the board may  notify the Board of Educational Examiners.  Information of unfounded abuse at Level I or Level II shall not be kept in the employee's personnel file.  If the Level I investigative report is founded but Level II is unfounded, then the Level I report will be removed from the employee's permanent file.

It will be the responsibility of the board to annually identify a Level I and Level II investigator.  The board will also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made.  The names and telephone numbers of the Level I investigator and the alternate Level I investigator will be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.

Approved:                   6/18/98

Reviewed:                   8/17/2020, 4/15/2024

Revised:                      8/17/2020

PERSONNEL

402.4 - GIFTS TO EMPLOYEES

Employees may receive a gift on behalf of the school district.  Employees will not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

A "restricted donor" is defined as a person or other entity which:

·         Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

·         Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

·         Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

·         Contributions to a candidate or a candidate's committee;

·         Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

·         Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

·         An inheritance;

·         Anything available or distributed to the general public free of charge without regard to the official status of the employee;

·         Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;

·         Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

·         Plaques or items of negligible resale value given as recognition for public service;

·         Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;

·         Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;

·         Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

·         Funeral flowers or memorials to a church or nonprofit organization;

·         Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

·         Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or

·         Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.

·         Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

·         Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

·         A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or

·         A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

NOTE:  This policy is a reflection of the current Iowa law regarding gifts to school district employees.

Legal Reference:         Iowa Code ch. 68B (2001).

                                    1972 Op. Att'y Gen. 276.

                                    1970 Op. Att'y Gen. 319.

Cross Reference:         217    Gifts to Board of Directors

                                    401.2  Employee Conflict of Interest

                                    704.4  Gifts-Grants-Bequests

Approved:                   7/16/98

Reviewed:                   5/20/2019, 5/20/2024

Revised:                     

PERSONNEL

402.5 - REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES  

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees.  

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program. 
 
NOTE:  This requirement exists regardless of the employee’s status as a licensed or classified employee. With the change in law stating that all school employees are now mandatory reporters, this policy language will apply to all employees for at least some training.   

Legal Reference: 
§

Cross References

Code
Description

302.06
Superintendent Professional Development

303.07
Administrator Professional Development

408.01
Licensed Employee Professional Development

Approved:                   7/15/98

Reviewed:                  5/20/2019, 5/20/2024

Revised:                     8/21/2023

PERSONNEL

402.6 - EMPLOYEE OUTSIDE EMPLOYMENT

The board believes the primary responsibility of employees is to the duties of their position within the school district.  The board considers an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may require the employee to cease the outside employment as a condition of continued employment with the school district.

Legal Reference:         Iowa Code §§ 20.7; 279.8 (2001).

Cross Reference:         401.2  Employee Conflict of Interest

                                    408.3  Licensed Employee Tutoring

Approved:                   7/16/98

Reviewed:                  5/20/2019, 5/20/2024

Revised:                      

PERSONNEL

403.1 - EMPLOYEE PHYSICAL EXAMINATIONS

This policy was rescinded on 5/20/2024.

Good health is important to job performance.  Employees shall present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.  A physical examination report is required at least every three years thereafter.  Physicals taken after May 1 shall be applicable for the following year.

Employees whose physical or mental health, in the judgment of the administration, may be in doubt shall submit to additional examinations, when requested to do so, at the expense of the school district.

School bus drivers shall present evidence of good health annually in the form of a physical examination report.

The cost of the initial examination will be paid by the district.  The form, indicating the employee is able to perform the duties for which the employee was hired and that the employee did not test positive for tuberculosis, must be returned prior to payment of salary in September.  The district shall pay the expense of the physical to the doctor designated by the district.  Should the employee desire to use their own personal doctor, the form provided by the district must be used; the district will pay only the amount equal to the fee charged by the school designated doctor.  The school district shall provide the standard examination form to be completed by the personal physician of the employee.  Employees identified as having reasonably anticipated contact with blood or infectious materials shall receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to bloodborne pathogens.  The plan for designated employees shall include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.

Legal Reference:         29 C.F.R. Pt. 1910.1030 (1993).

                                    Iowa Code §§ 20.9; 279.8 (2001).

                                    281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:         403  Employees' Health and Well-Being

Approved                    01/16/69

Reviewed                    10/29/2020

Revised                       9/17/98, Rescinded 5/20/2024

PERSONNEL

403.2 - EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence.  It is the responsibility of the employee's immediate supervisor, or business manager, to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the business manager to file worker’s comp claims.

An injured employee will follow the on-call nurse procedures set up by the district.  The on-call nurse number is 844-322-4668, and is available 24 hours a day.  The Washington County Clinics is where injured employees need to go to see a doctor.  

Legal Reference:         Iowa Code §§ 85; 613.17 (2001).

                                    1972 Op. Att'y Gen. 177.

Cross Reference:         403    Employees' Health and Well-Being

                                    409.2  Licensed Employee Personal Illness Leave

                                    414.2  Classified Employee Personal Illness Leave

Approved                    9/17/98

Reviewed                   10/29/2020

Revised                       5/20/2024

PERSONNEL

403.3 - COMMUNICABLE DISEASES - EMPLOYEES

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan.  The procedures shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan is reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees is determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace shall report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.

Health data of an employee is confidential and it shall not be disclosed to third parties.  Employee medical records shall be kept in a file separate from their personal file.

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

Legal Reference:                 School Board of Nassau County v. Arline, 480 U.S. 273 (1987).

                                                29 U.S.C. § 794, 1910 (1988).

                                                42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                                45 C.F.R. Pt. 84.3 (1993).

                                                Iowa Code  § 139; 141 (2001).

                                                641 I.A.C. 1.2-.7.

Cross Reference:                 401.5      Employee Records

                                                403.1      Employee Physical Examinations

                                                507.3      Communicable Diseases - Students

Approved                    10/8/98

Reviewed                   10/29/2020

Revised                       

PERSONNEL

403.3E1 - HEPATITIS B VACCINE INFORMATION AND RECORD

New Form and information for 403.3E1 is now attached.  

The Disease

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected.  Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus.  Most of these people have no symptoms, but can continue to transmit the disease to others.  Some may develop chronic active hepatitis and cirrhosis.  HBV may be a causative factor in the development of liver cancer.  Immunization against HBV can prevent acute hepatitis and its complications.

The Vaccine

The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids.  Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle.  Two initial doses are given one month apart and the third dose is given six months after the first.

Possible Vaccine Side Effects

The incidence of side effects is very low.  No serious side effects have been reported with the vaccine.  Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever.  Rash, nausea, joint pain, and mild fatigue have also been reported.  The possibility exists that other side effects may be identified with more extensive use.

CONSENT OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.

Signature of Employee (consent for Hepatitis B vaccination)

Date

Signature of Witness

Date

REFUSAL OF HEPATITIS B VACCINATION

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

Signature of Employee (refusal for Hepatitis B vaccination)

Date

Signature of Witness

Date

I refuse because I believe I have (check one)

                  started the series                                            completed the series

HEPATITIS B VACCINE INFORMATION AND RECORD

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the                               

Community School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

Signature of Employee

Date

Signature of Witness

Date

HEPATITIS B VACCINE INFORMATION AND RECORD

CONFIDENTIAL RECORD

Employee Name (last, first, middle)

Social Security No.

Job Title:

Hepatitis B Vaccination Date

Lot Number

Site

Administered by

1

2

3

Additional Hepatitis B status information:

Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)

Identification and documentation of source individual:

Source blood testing consent:

Description of employee's duties as related to the exposure incident:

Copy of information provided to health care professional evaluating an employee after an exposure incident:

Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.

Training Record: (date, time, instructor, location of training summary)

PERSONNEL

403.3R1 -  COMMUNICABLE DISEASE - EMPLOYEES REGULATION

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

Hand Washing

Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.

·         Hands should be washed before physical contact with individuals and after contact is completed.

·         Hands should be washed after contact with any used equipment.

·         If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.

·         Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

Barriers

Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a biohazard container and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean up

Spills of blood and OPIM should be cleaned up immediately.  The employee should:

·         Wear gloves.

·         Clean up the spill with paper towels or other absorbent material.

·         Use a solution of one part household bleach to one ten parts of water (1:10) or other EPA-approved disinfectant and use it to wash the area well.

·         Dispose of gloves, soiled towels and other waste in a biohazard container.

·         Clean and disinfect reusable supplies and equipment.

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.

·         Always wash the exposed area immediately with soap and water.

·         If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.

·         If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

Approved                    10/8/98

Reviewed                   10/29/2020

Revised                       

PERSONNEL

403.4 - HAZARDOUS CHEMICAL DISCLOSURE

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee shall annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, will be included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it will be distributed to all employees, and training will be conducted for the appropriate employees.  The superintendent will maintain a file indicating when which hazardous substances are present in the workplace and training and information sessions take place.

Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.

It is the responsibility of the superintendent to develop administrative regulations regarding this program.

Legal Reference:         29 C.F.R. Pt. 1910; 1200 et seq. (1993).

                                    Iowa Code chs. 88; 89B (2001).

                                    347 I.A.C. 120.

Cross Reference:         403  Employees' Health and Well-Being

                                    804  Safety Program

Approved                    9/17/98

Reviewed                   10/29/2020

Revised                      

PERSONNEL

403.5 - SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicles.  "Workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination. 

[An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.]  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.  

The superintendent is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

Legal Reference:         41 U.S.C. §§ 701-707 (1994).

                                    42 U.S.C. §§ 12101 et seq. (Supp. 1994).

                                    34 C.F.R. Pt. 85 (2001).

                                    Iowa Code §§ 124; 279.8 (2001).

Cross Reference:         404  Employee Conduct and Appearance

Approved                    2-26-91

Reviewed                   10/29/2020

Revised                       9/17/98

PERSONNEL

403.6 - DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol-testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, Ranee Reschly, superintendent secretary, at 706 N. Pearl, Wayland, Iowa.

Employees who violate the terms of this policy are subject to discipline up to and including termination. 

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent shall inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
IASB Drug and Alcohol Testing Program (IDATP) Web site:  
https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx. 

NOTE:  It is important for the school district to read this policy and its supporting documents and the notes very carefully.  This policy and its supporting documents assume the school district employs its drivers and owns the school vehicles rather than contracts with a private service provider with its own drug and alcohol testing program.  School districts contracting with a private service provider must ensure the provider has a drug and alcohol testing program complying with the federal regulations.

Compliance with the regulations is the responsibility of the school district even if the school district uses a service provider.  Boards need to determine who will be responsible for administering the drug and alcohol testing program in the second paragraph and make that determination throughout the policies and regulations.

This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDATP) have chosen to test only under the federal regulations and not to test under state law.

This policy and its supporting documents terminate a driver for violation of the policy and its supporting documents.  Such a violation includes a positive drug test result.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to making the following changes:  

School districts choosing to pay for OR to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

First sentence of paragraph two:  The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing.

School districts choosing to pay for the substance abuse evaluation and rehabilitation, if any:

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

School districts choosing to make the employee bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

This policy and the supporting documents require the school district to designate a school district contact person for the drug and alcohol testing program.  The title of the person(s) designated should be entered in paragraph two.  This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers.  If these responsibilities are divided among different persons, the policy and supporting documents must clearly explain which person handles which part of the drug and alcohol testing program.

Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at:  clearinghouse.fmcsa.dot.gov.

Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641.   For regulations and forms, http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm? 

Legal Reference:         American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).

                                    49 U.S.C. §§ 5331 et seq. (1994).

                                    42 U.S.C. §§ 12101 (1994).

                                    41 U.S.C. §§ 701-707 (1996).

                                    49 C.F.R. Pt. 40; 382; 391.81-123 (1994).

                                    34 C.F.R. Pt. 85 (1996).

                                    Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).

                                    Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2001).

Cross Reference:         403.6   Substance-Free Workplace

                                    409.2   Licensed Employee Personal Illness Leave

                                    414.2   Classified Employee Personal Illness Leave

Approved:                   7/1/99

Reviewed:                  10/29/2020

Revised:                     

PERSONNEL

403.6E01 - DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements shall contact the school district contact person.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.

PERSONNEL

403.6E02 - DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, _________________________________ have received a copy, read and understand the Drug and Alcohol Testing Program policy and its supporting documents.  I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination

I also understand that I must inform my supervisor of any prescription medication I use.  I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents or the law.

(Signature of Employee)

(Date)

PERSONNEL

403.6E03 - CONSENT FOR REQUEST OF INFORMATION

ATTENTION:

SUBSTANCE ABUSE PROGRAM COORDINATOR

COMPANY:

FAX:

DATE OF REQUEST

DRIVER:

SOCIAL SECURITY NUMBER:

1.

Dates of Employment:

From:

To:

From:

To:

From:

To:

2.

In the past two years, has the driver:

YES

NO

o

o

Tested positive for alcohol at a level of .04 or greater.  If yes, list date(s) and type of test:

o

o

Tested positive for drugs.  If yes, list date(s) and type of test below:

o

o

Refused either a drug or alcohol test.  If yes, list date(s) and type of test below:

I certify that the above information is accurate.

Substance Abuse Program Coordinator

Date

I hereby authorize the company listed above to release my alcohol and drug screen information to the following company.

COMPANY:

WACO Community School District

ADDRESS:

706 N. Pearl, Wayland, Iowa  52654

FAX:

1-319-256-6213

Driver Signature

Date

By federal regulation this information must be on file in our office within two weeks of hire.  Please fax or return this form to the address listed above at once.  Please direct any questions to the above name and address.

PERSONNEL

403.6E04 - DRUG/ALCOHOL TEST NOTIFICATION FORM

Date

Name (print)

Social Security Number

The above named employee is to have the following test:

Drug

Alcohol

Both Drug and Alcohol

Type of Test

Random

Pre-employment (drug only)

Post-accident

Reasonable suspicion

Time Sent by District

School District Contact Person (Phone)

Time Arrived at Collection Site

Collection Site Person

Time Test Was Completed

Collection Site Person

I understand I am to go directly to the collection site located at:

(address of collection site)

I understand a positive drug test result or an alcohol test result of .04 alcohol concentration or greater will result in termination of my employment and that an alcohol test result of greater than .02 but less than .04 alcohol concentration requires me to cease performing a safety-sensitive function for twenty-four hours.

I further understand my drug and alcohol testing results are reported to and maintained by the school district and the Iowa Drug and Alcohol Testing (IDATP) medical review officer for the purpose of completion of reports including, but not limited to, the Annual Summary/MIS reports required under the federal drug and alcohol testing regulations.

Employee's Signature

Date

PERSONNEL

403.6E05 - CERTIFICATION OF PREVIOUS EMPLOYERS REQUIRING A COMMERCIAL DRIVER'S LICENSE

Name

Social Security Number

I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver's license (CDL) during the term of my employment.

Company

Phone

Address

City/State/Zip

Company

Phone

Address

City/State/Zip

Company

Phone

Address

City/State/Zip

Company

Phone

Address

City/State/Zip

Company

Phone

Address

City/State/Zip

Signature

Date

PERSONNEL

403.6E06 - DRUG AND ALCOHOL REASONABLE SUSPICION OBSERVATION

Employee's Name

Date of Observation

Time of Observation

From

a.m./p.m. to

a.m./p.m

Location:

Observed personal behavior:  (check all appropriate items)

Speech:

Normal

Incoherent

Confused

Loud

Slurred

Whispering

Silent

Disruptive

Balance:

Normal

Swaying

Staggering

Falling

Walking and Turning:

Normal

Stumbling

Swaying

Falling

Arms raised for balance

Reaching for support

Awareness:

Normal

Confused

Paranoid

Sleepy or Stupor

Lack of coordination

Odor:

Normal

Alcohol

Burned rope

Appearance

Red Eyes

Vomiting

Half closed eyes

Comments:

Reasonable suspicion of current use or impaired by

alcohol

drugs.

Above behavior witnessed by:

Signed

Date

Signed (optional)

Date

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol misuse by behavior, speech and/or odor while on duty, the earlier of within twenty-four hours of the determination of reasonable suspicion or prior to receiving the test results.  The observations must be specific, contemporaneous and articulable concerning the appearance, behavior, speech and body odor of the driver.

PERSONNEL

403.6E07 - DRUG AND ALCOHOL TESTING PROGRAM PRE-EMPLOYMENT DRUG TEST ACKNOWLEDGMENT FORM

I, ______________________________________________ have been informed of the requirement to submit to a drug test prior to being employed by the school district to perform a safety-sensitive function.  I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.

I understand that the results of my drug test will be shared with the school district.  I also understand that if I have a positive drug test result, I will not be considered further for employment with the school district.

I further understand that the drug and alcohol testing records and information about me is confidential, and may be released at my request or in accordance with the law.

(Signature of Applicant)

(Date)

NOTE:  This consent form gives the school district the ability to conduct the pre-employment drug test as well as receive the results.  In addition to completing this form the applicant must complete the Drug/Alcohol Test Notification form.

Approved:       7/1/99

Revised:          1/19/09

Reviewed:      10/29/2020

PERSONNEL

403.6E08 - RANDOM TESTING DRIVER CHANGE LIST FORM IOWA DRUG AND ALCOHOL TESTING PROGRAM

School District

Contact Person:

Date:

School District:

Phone:

Address:

Social Security Number and Name (first and last).  Example 111-22-3333, John Doe.

Additions

Deletions

SSN

Name

SSN

Name

Please list all qualified drivers who must be tested under the federal regulations.  Make copies of this form if you need additional space.  Changes must be made in writing.  Telephone changes cannot be accepted.

Changes must be received the last business day of the prior quarter to be effective for the quarter.  Random selection list updates cannot be data entered for a new month if this form is received on or after the first of the new quarter.

IDAPT participants please fax or mail to:                     

                                                                                                Medical Enterprises

                                                                                                200 Essex Ct.

                                                                                                Omaha, NE 68114

PERSONNEL

403.6E09 - POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

The following instructions have been reviewed by the drivers subject to the drug and alcohol testing program.  These instructions must be kept in the school vehicle for reference in the event of an accident.  The driver operating the school vehicle is responsible to carry out the instructions.

1.      Take action to maintain the safety and health of the persons being transported in the school vehicle.

2.      Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.

         School district contact person:                                            

                                 Superintendent, Superintendent’s Secretary or Business Manager

         School district telephone:                      319-256-6201

         School district contact person home telephone:

                                 Superintendent               319-931-4793

                                 Business Manager          319-658-3136

         Back-up school district contact person:

                                 Superintendent’s Secretary  319-256-4921                         

         Back-up school district contact person home telephone:

                                 Superintendent’s Secretary  319-256-4921

3.      Determine whether any of the following have occurred, and if so, post-accident drug and alcohol testing must be done.

         a.   A fatality, other than the driver, occurred.

            b.   The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident.

         c.   The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene of the accident by a tow truck or other motor vehicle.

               (1)  "Disabling damage" is damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven, but would have been further damaged if so driven. 

               (2)  "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts:

                     a.   Tire disablement without damage even if no spare tire is available.

                     b.   Headlight or taillight damage.

                     c.   Damage to turn signals, horn, or windshield wipers which make them inoperative.

4.      Consume no alcohol for eight hours or prior to submitting to a post-accident alcohol test, whichever occurs first, following an accident meeting the criteria in "3" above.

5.      Remain available to submit to a post-accident alcohol test within two hours and no later than eight hours after the accident.

6.      Remain available to submit to a post-accident drug test as soon as possible after the accident and no later than 32 hours after the accident.

7.      Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and will result in termination of the driver.

8.      Seek appropriate medical attention despite the need to remain available to submit to post-accident drug and alcohol tests.

9.      Using the Transportation Emergency Assistance Program manual developed by the Iowa Pupil Transportation Association, contact the nearest school district transportation director for assistance.

10.    Obtain the name, badge number and telephone number of the law enforcement officer if the law enforcement officer conducts a post-accident drug and/or alcohol test.  If possible, obtain copies of any alcohol and drug test results conducted by the law enforcement officer.  Since these test results are generally unacceptable to meet the school district's requirements for post-accident drug and alcohol testing, the driver must remain available for post-accident drug and alcohol testing by a trained collection site person.

11.    Complete the School Bus Accident Report form issued by the Iowa Department of Education as soon as possible.

12.    Document failure to submit to a post-accident alcohol test if no alcohol test was conducted:

         a.   Document why the driver was not alcohol tested within two hours after the accident.

         b.   Document why the driver was not alcohol tested within eight hours after the accident.

         c.   A copy of the documentation must be submitted to the school district contact person upon return to the school district.

13.    Document failure to submit to a post-accident drug test if no drug test was conducted:

         a.   Document why the driver was not drug tested within 32 hours after the accident.

         b.   A copy of the documentation must be submitted to the school district contact person upon return to the school district.

Approved:                  

Reviewed:                   10/29/2020

Revised:                     

PERSONNEL

403.6E10 - DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

Section I: General requirements:

               Determine qualifying drivers in the drug and alcohol-testing program.  (Driver must meet first and third OR second and third).

                              Drive or may drive a vehicle transporting 16 or more persons, including the driver;

                              Drive or may drive vehicles weighing over 26,001 pounds requiring a commercial driver license; and

                              Drive full time, part-time, occasionally, under a lease or under a contract with an independent contractor or otherwise drive with the consent of the school district. 

               Total drivers meeting the qualifications above in the drug and alcohol-testing program.

                              Regularly employed drivers

                              Substitute drivers

                              Others who are available to drive.

               Determine delivery method of drug and alcohol testing program.  (Choose one.)

                              Iowa Drug and Alcohol Testing Program (IDATP).  (Contact IASB for information.)

                              Other service provider.

                              School district will conduct its own program.

               Identify/Verify the school district contact person(s) and back-up school district contact person(s).

NOTE:  The school district contact person should not be a driver or potential driver required to participate in the drug and alcohol-testing program.

               Draft revised board policy and its supporting documents and forms.

               Hold meeting to inform drivers about the federal regulations and revised board policy and its supporting documents and forms.

                              Inform drivers that time involved with drug and alcohol testing is on-duty time and they will be paid.

                              Inform drivers that their records related to drug and alcohol testing are confidential records and will only be released with appropriate authorization.

NOTE:  The issues of pay and confidentiality are the two most common concerns of drivers experiencing drug and alcohol testing for the first time.  It is important to address these concerns as soon as possible.

               Adopt revised board policy and its supporting documents and forms.

               Hold meeting or meet with drivers individually to inform them about the federal regulations, and revised board policy and it’s supporting documents and forms. 

                              Drivers complete policy sign off sheet.  (403.7E2)

                              Drivers take policy and sign off sheet with them to complete within a limited number of days.  (403.7E2)

                              Compile a list of resources available to provide evaluation and assistance with drug use or alcohol misuse for the drivers.

               Develop a training program or contract for training to educate drivers about the effects of drug use and alcohol misuse on their work and their personal lives.

NOTE:   This type of training can be combined with any training the school district conducts in conjunction with its employee assistance program or substance free workplace programs.  Contact your employee assistance program's local substance abuse professional for materials and training programs.

               File new policy sign off sheet in each driver's drug and alcohol testing personnel file.

                              File new unsigned policy sign off sheet in the driver's drug and alcohol testing personnel file with documentation why it is unsigned.

               Instruct drivers on revised procedures to follow in the event of an accident.  (403.7E10)

               Place revised summary of post-accident instructions in each school vehicle for reference by driver in the event of an accident.  (403.7E10)

               Make arrangements to have a minimum of two employees receive the reasonable suspicion training.

               Contact the collection site and arrange a meeting to review the following.

                              Procedures for setting up appointments.

                              School district's collection site contact person.

                              Procedures when a driver has no photo identification

                              Procedures for receiving alcohol test results.

                              Procedures for transporting drivers with an alcohol test result of 0.02 alcohol concentration or greater.

Section II.  Record keeping.

               Ensure drug and alcohol testing related records are retained in limited access secure storage files separate and apart from the drivers' general personnel records.

               Verify/create individual driver drug and alcohol testing file to contain:

                              Policy sign off sheet.  (403.7E2)

                              Agreement to participate in the program.  (403.7E2)

                              Pre-employment drug and alcohol testing related information.  (Applicable only to drivers hired after Jan.1, 1996).  (403.7E5)

                              Pre-employment release of prior employer drug and alcohol testing related information.  (Applicable only to drivers hired after Jan.1, 1996).  (403.7E3)

                              Pre-employment drug test authorization.  (Applicable only to drivers hired after Jan. 1, 1996.  (403.7E7)

                              Copy of Drug/Alcohol Test Notification form.  (403.7E4)

                              Copy of drug test chain of custody form.

                              Copy of alcohol test form.

                              Refusals to test.

                              Substance abuse professional evaluation and treatment records, (if any).

                              Other information pertinent to the driver.

                              Supervisor and/or driver training sign-off sheets.

               Verify/create files for other drug and alcohol testing related information.

                              Accident information.

                              Random selection lists.

NOTE:  Experienced school districts find it helpful to document directly on the random selection list who was or was not notified and why.

                              Positive drug test results.

                              Positive alcohol test results.

                              Negative drug tests results.

                              Negative alcohol tests results.

                              Change list of all driver adds/deletes from the drug and alcohol testing program.  (403.7E8)

NOTE: Experienced school districts find it better to maintain this on a computer file with a password or personal identification number security system because of the volume of changes.

                              Miscellaneous drug and alcohol testing related information.

                              Reasonable suspicion training certificates.

               Records related to the calibration of the evidentiary breath testing devices, training of the collection site personnel and other related information kept by (IDATP/service provider) is available from (IDATP/service) provider within two working days. 

               Records related to saliva alcohol testing devices.

               Records related to the school district serving as a saliva alcohol testing or urine specimen collection site.

Section III. Release of Drug and Alcohol Testing Related Records.

               Generally, a driver's drug and alcohol testing records are released only with the permission of the driver.

               Driver may have prompt access to and copies of their drug and alcohol testing records.

                              Request for access must be in writing. 

                              Copying fees for the records must be in accordance with board policy.

               Drug and alcohol testing records are available to subsequent employers with the driver's written authorization.

               Without the driver's written permission, the driver's drug and alcohol test records are made available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver, and arising from the results of a drug or alcohol test under the federal regulations or from the school district's determination that the driver violated the federal regulations. 

NOTE:  A driver's drug and alcohol testing records can be released for actions such as worker's compensation, unemployment compensation or other proceedings related to a benefit being sought by the driver.

Section IV. Pre-employment testing.

               Include the requirement of a drug test in any advertising, posting or other notice of the driver position.

               Applicant completes the Pre-employment Drug Test Acknowledgment form.  (403.7E7)

               Applicant completes the Consent for Release of Information form.  (403.7E3)

               Applicant completes Certification of Previous Employers Requiring a Commercial Driver's License.  (403.7E5)

               Applicant completes the Drug/Alcohol Test Notification Form.  (403.7E4)

               Obtain information required on the Consent for Release of Information form.  (403.7E3)

                              Received prior to the applicant performing a safety-sensitive function.

                              Received no later than fourteen days of the applicant performing a safety-sensitive function.  (Recommended only when absolutely necessary.)   

NOTE:  It is recommended the information on the Consent for Release of Information form be on file prior to the driver performing a safety-sensitive function.

               Applicant obtains the pre-employment drug test.

               Receive pre-employment drug test results.

                              Negative drug test allows the applicant to begin to perform a safety-sensitive function.

                              Positive drug test removes the applicant from further consideration for the driver position.

               Forward the pre-employment drug test results to the applicant upon the applicant's request.

               File all documentation

                              If not hired, file with the applicant's application. 

                              If hired, file with the applicant's drug and alcohol related personnel file. 

NOTE:  It is strongly recommended the school district conduct a pre-employment drug test rather than relying on another drug and alcohol testing program.  School districts, which will not require pre-employment testing, must collect the required information.

Section V:  Alcohol Test Results.

               Receive alcohol test results from collection site person.

                              By telephone using a password system with written results to follow by mail (or other means).

                              By a secure electronic means.

                              By secure fax.

               Alcohol test result is less than 0.02 alcohol concentration.

                              Driver may continue to perform a safety-sensitive function.

               Alcohol test result is 0.02 to 0.0399 alcohol concentration.

                              School district transport driver to home or other location.

                              Driver may not perform a safety-sensitive function for twenty-four hours.

NOTE:  The driver may perform other duties during the twenty-four hour period if the driver's individual contract and/or the collective bargaining agreement allows.  It is recommended the school attorney be contacted regarding questions about the collective bargaining agreement.

                              Make arrangements for substitute, if necessary.

                              No action may be taken against the driver under the federal regulations.

                              Repeated offenses must be reported to superintendent for action.

                              Document incident and file.

               Alcohol test result is 0.04 or greater alcohol concentration.

                              School district transport driver to home or other location.

                              Driver may not perform a safety-sensitive function.

                              Make arrangements for substitute, if necessary.

                              Place driver on leave. 

                              Take necessary steps after consulting with the school attorney to terminate the driver.

Section VI: Drug Test Results.

               Receive drug test results from the medical review officer.

                              By telephone using a password system with written results to follow by mail (or other means).

                              By secure electronic means to be printed for filing.

                              By secure fax.

               Drug test result is negative.

                              Driver may continue to perform a safety-sensitive function.

               Drug test result is positive.

                              Driver may not perform a safety-sensitive function.

                              Make arrangements for substitute, if necessary.

                              Place driver on leave. .

                              Take necessary steps after consulting with the school attorney to terminate the driver. 

Section VII:  Random Drug and Alcohol Testing.

               Receive the random selection list from IDATP.

               Determine the date and time a driver or the random selection list will be notified and make appointments at the collection site.

               Notify selected drivers.

                              Notify the required number of drivers on the random selection list prior to the end of the quarter. 

                              Vary notification each quarter, including day, week and time of day to ensure drivers do not know the random testing is completed for the quarter and now they are free to misuse alcohol or use drugs until the next quarter. 

               Notified drivers sign the Drug/Alcohol Test Notification form.  (403.7E4)

               Driver proceeds to collection site.

NOTE:  The school district may transport the driver or send the driver in his or her own vehicle.

               Document, if necessary, reasons why any driver on the random selection list was not notified and attach documentation to the random selection list. 

               Go to Section V, Alcohol Test Results, or Section VI, Drug Test Results, for appropriate action based on test results.

Section VIII: Reasonable Suspicion Testing.

               Driver supervisors who have received reasonable suspicion training document specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form.  (403.7E6)

               A second reasonable suspicion trained employee, if at all possible, documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form.  (403.7E6)

               Driver is removed from performing a safety-sensitive function pending the drug and/or alcohol test results.

               Driver completes Drug/Alcohol Testing Notification form.  (403.7E4)

               Driver is transported to the collection site.

               Complete and file documentation of Reasonable Suspicion Observation form immediately and no later than within twenty-four hours or prior to receiving the test results.  (403.7E6)

Section IX:  Post-Accident Testing.

               Instruct driver on procedures to follow in the event of an accident.

               Place summary of instructions in each school vehicle with the Iowa Pupil Transportation Association's Transportation Assistance Manual for reference by a driver in the event of an accident.  (403.7E10)

               Receive notice of accident from driver.

               Determine whether post-accident testing must be done.  (If any of the following are present, post-accident testing must be done.)

                              A fatality, other than the driver, occurred.

                              The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident.

                              The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. 

               Remind the driver of the requirement to remain available for drug and alcohol testing and to not consume alcohol for eight hours after the accident.

               Contact the nearest school district transportation director for the location of their collection site using the Iowa Pupil Transportation Association's Transportation Emergency Assistance Manual.

               Make arrangements for the driver to be tested for alcohol within two hours and no later than eight hours after the accident.

                              The reason for failing to have an alcohol test after two hours but prior to eight hours after the accident must be documented and filed.

                              The reason for failing to have an alcohol test prior to eight hours after the accident must be documented and filed. 

               Make arrangements for the driver to be drug tested as soon as possible and no later than thirty-two hours after the accident.

                              The reason for failing to have a drug test after thirty-two hours after the accident must be documented and filed.

               Medical attention to the driver is not denied in order to conduct the drug and alcohol tests.

               Alcohol and drug test results conducted by law enforcement in accordance with the federal regulations may be used to meet the post-accident drug and alcohol testing requirements if the school district receives a copy of the test results.

NOTE:  It is unlikely these results will be sufficient to comply with the school district's requirements under the federal regulations.

               Notify insurance company of all accidents, whether post-accident drug and alcohol testing was required and ask the insurance company to maintain a list of all accidents reported so a list of all accidents may be easily complied in the event of a U.S. DOT audit.

PERSONNEL

403.6R1 - DRUG AND ALCOHOL TESTING PROGRAM REGULATION

This administrative regulation supports the Drug and Alcohol Testing Program policy.  It also establishes and explains the requirements of the school district's drug and alcohol testing program required for employees operating school vehicles.  Note the Drug and Alcohol Testing Program Definitions, Code No. 403.7R2.

A.     Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations or the drug and alcohol testing program may be directed to the school district contact person, Kim Sheets, business manager, at 611 N. Pearl, Wayland, Iowa.

B.     Covered Drivers.

         1.   A driver is covered by the drug and alcohol testing program if the driver:

               a.  Drives a vehicle transporting sixteen or more persons, including the driver, OR drives a vehicle weighing over twenty-six thousand one pounds; and

               b.  Required to hold a commercial driver's license for the driver position.

         2.   Covered drivers include:

               a.  Applicants seeking a position as a driver;

               b.  Full time, regularly employed drivers;

               c.  Casual, intermittent, occasional or substitute drivers; and

               d. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of a school district.

         3.   Drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

C.     Prohibited Driver Conduct.

         1.   Drivers shall not report to duty or remain on duty with a 0.04 alcohol concentration or greater.

2.      Drivers shall not report for duty or remain on duty when using any drug except:

a.       When a licensed medical practitioner has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle; and

b.      The school district is informed in writing of the medication and licensed medical practitioner's opinion.

         3.   Drivers shall not use alcohol at least four hours prior to, or during the performance of, a safety-sensitive function.

         4.   Drivers shall not possess alcohol while on duty.  This includes possessing prescriptions and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.

         5.   Drivers required to take a post-accident alcohol test shall not use alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

         6.   Drivers shall not refuse to submit to a drug or alcohol test.  A refusal to test is considered a positive test resulting in suspension from duties pending termination of the driver.

         7.   Drivers shall not report for duty or remain on duty performing a safety-sensitive function if the driver has a positive drug test result.

D.     Alcohol Testing Procedures.

         1.   Driver's breath or saliva is tested for alcohol.

2.      The screening alcohol test is conducted with an evidentiary breath testing device or a saliva-testing device.

               a.   The screening breath alcohol or saliva test determines whether the driver's alcohol concentration is less than 0.02.

                     (1)  A screening alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

                     (2)  A screening alcohol test result of 0.02 alcohol concentration or greater requires a confirmation test.

         3.   The confirmation alcohol test is conducted only by an evidentiary breath alcohol-testing device to determine whether the driver can continue to perform a safety-sensitive function.

                     (a)  A confirmation alcohol test result of less than 0.02-alcohol concentration allows the driver to continue to perform a safety-sensitive function.

                     (b)  A confirmation alcohol test result of 0.02-alcohol concentration but less than 0.04 alcohol concentration requires the driver to cease performing a safety-sensitive function for twenty-four hours.

                     (c)  A driver will be terminated for a confirmation alcohol test result of 0.04 breath alcohol concentration or greater.

         4.   Alcohol testing is conducted at collection sites, which provide privacy to the driver and contain the necessary equipment, personnel and materials.

               a.   Alcohol testing is conducted at a designated collection site unless the situation requires another location.

               b.   In the event privacy cannot be assured, privacy will be provided to the extent practical.

         5.   Screening alcohol-testing steps.

               a.   Once the driver is notified to submit to an alcohol test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site.  Collection site personnel contact the school district contact person immediately when a driver does not arrive at the specified time.  Failure to arrive at the collection site in a timely manner is considered a refusal to test.

               b.   Upon arrival, the driver must provide photo identification.  Repeated failure of the driver to produce photo identification is considered insubordination as well as a refusal to test.

               c.   The testing procedure is explained to the driver by the collection site person.

               d.   The breath alcohol technician (BAT) or saliva test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.

               e.   Evidentiary breath alcohol testing device procedures.

                     (1)  The driver forcefully blows into the mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

                     (2)  The screening alcohol test is stopped when the driver fails twice to provide an adequate amount of breath.  In that case:

                           (a)  A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

                           (b)  A physician analyzes the driver's inability to provide adequate breath.

                           (c)  Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath.

                     (3)  The results of the screening alcohol test are shared with the driver.

               f.    Saliva alcohol testing device procedures.

                     (1)  The driver and the STT review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

                     (2)  The driver or STT places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the STT may place the swab in the driver's mouth.

                     (3)  The saliva alcohol-testing device is activated with the saturated swab in place.

                     (4)  The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva.  In that case:

                           (a)  The school district is informed.

                           (b)  The driver must submit to a breath alcohol test immediately.

                     (5)  The saliva testing device results are read two minutes, and no later than fifteen minutes, after the saliva testing device was activated.

                     (6)  The results of the screening alcohol test are shared with the driver.

               g.   The driver and breath alcohol technician or saliva test technician must sign the alcohol testing form following completion of the alcohol test.  Failure to sign the form after the alcohol test is not considered a refusal to test.  However, in the remarks section of the form, the BAT or STT notes the driver's refusal to sign.

               h.   Screening alcohol test results.

                     (1)  An alcohol test result of less than 0.02-alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety-sensitive function.

                     (2)  An alcohol test result of 0.02 alcohol concentration or more requires a confirmation alcohol test be performed between fifteen and thirty minutes after the screening test.

                     (3)  The BAT or STT provides the school district contact person with a copy of the alcohol testing form if written communication was not used to report the test results.

            i.   Potentially incomplete or invalid screening alcohol tests are repeated with corrected procedures.

         5.   Confirmation alcohol testing steps.

               a.   The driver is instructed to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen-minute waiting period to avoid accumulation of mouth alcohol leading to an artificially high reading.

               b.   The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements.

               c.   If a different collection site is used, the driver must be under the observation of the collection site person or school district person while in transit to the confirmation alcohol-testing site or while waiting for the confirmation alcohol test.

               d.   If a different collection site person conducts the confirmation alcohol test, the driver must again provide photo identification.

               e.   The testing procedure is explained to the driver by a BAT.

               f.    The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.

                     (1)  Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.

                     (2)  The school district is notified immediately of the refusal to sign.

               g.   The driver forcefully blows into the evidentiary breath testing device mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

               h.   The confirmation alcohol test results, which are the final and official test results, are shared with the driver.

               i.    The driver and BAT must sign the alcohol testing form following completion of the alcohol test.  Failure to sign the form after the alcohol test is not considered a refusal to test.  However, in the remarks section of the form, the BAT notes the driver's refusal to sign.

               j.    The BAT informs the school district's contact person of the results of the test in a confidential manner.

                     (1)  An alcohol test result of less than 0.02-alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety-sensitive function.

                     (2)  The breath alcohol technician notifies the school district contact person immediately of confirmation alcohol test results of 0.02-alcohol concentration or more.

                     (3)  The collection site person provides the school district contact person with a copy of the alcohol testing form if written communication was not used to report the test results.

               k.   Potentially incomplete or invalid confirmation alcohol tests are repeated with corrected procedures.

               l.    The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath.  In that case:

                     (1)  A physician analyzes the driver's inability to provide adequate breath.

                     (2)  Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath.

                     (3)  A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

E.      Drug Testing Procedures.

         1.   Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.

         2.   A split specimen urine drug test, often called "split sample test," is used to conduct the drug test.

               a.   A negative drug test result allows the driver to continue to perform a safety-sensitive function.

               b.   A positive drug test result on the primary sample requires the driver to be removed from performing a safety-sensitive function.

               c.   A positive drug test result on the primary sample allows the driver an opportunity to request another test the split sample certified laboratory only for the specific drug found in the primary sample.  A negative drug test result on the split sample results in a negative drug test result.

               d.   The driver will be terminated for a positive drug test result.

         3.   Drivers taking medication at a licensed medical practitioner's direction may perform a safety-sensitive function if the licensed medical practitioner determines there is not an adverse affect on performing a safety-sensitive function and the school district is informed in writing of the medication and licensed medical practitioner's opinion.

         4.   Drug testing is conducted at collection sites, which provide privacy to the driver and where the necessary equipment, personnel and materials are located.

               a.   Drug testing is conducted at a designated collection site unless the situation requires another location.  Public restrooms can be used as collection sites in exceptional circumstances.

               b.   In the event privacy cannot be assured, privacy is provided to the extent practical.  However, direct observation is allowed if:

                     (1)  Reasons exist to believe the driver may alter or substitute the specimen.

                     (2)  The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided.

                     (3)  The last specimen provided by the driver was determined by the laboratory to not meet specific gravity and urine creatinine concentration criteria.

                     (4)  The collection site person observes conduct of the driver to substitute or adulterate the specimen.

               c.   Direct observation is approved by the supervisor of the collection site person or the designated school district representative.  Non-medical personnel performing direct observation must be of the same gender as the driver.

         5.   Drug testing steps.

               a.   The school district contact person makes arrangements with the collection site for the test.

               b.   Once the driver is notified to submit to a drug test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site.  The collection site person contacts the school district contact person immediately when a driver does not arrive at the specified time.  Failure to arrive at the collection site in a timely manner is considered a refusal to test.

               c.   Upon arrival, the driver must provide photo identification.  Repeated failure of the driver to produce photo identification is considered insubordination as well as a refusal to test.  The driver may require the collection site person to provide proof of identification.

               d.   The driver may keep his or her wallet but must remove any unnecessary outer garments, purses, briefcases and similar items at the request of the collection site person.

               e.   Immediately prior to providing a urine specimen, the driver must wash his or her hands.

               f.    The driver must then provide forty-five milliliters of urine and deliver it immediately to the collection site person.

                     (1)  Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and trying again.

                     (2)  The drug test is stopped when the driver fails twice to provide an adequate amount of urine.

                     (3)  Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.

               g.   The specimen is kept in view of the driver and the collection site person.

               h.   Upon receipt of the specimen, the collection site person immediately, and in no event later than four minutes from the time of urination, measures the temperature of the specimen.

               i.    The driver may volunteer to have his or her oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.

               j.    The collection site person inspects the specimen for color and other signs of contaminants and notes any unusual findings in the remarks section of the chain of custody form.

               k.   Another specimen is required as soon as possible under direct observation if the collection site person suspects adulteration or substitution.  Specimens suspected of adulteration or substitution is also sent to laboratory for testing.

               l.    The specimen is divided into the primary and the split specimen, sealed and labeled.  The driver initials the label.

               m.  The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.

               n.   The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.

               o.   The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.  Failure of the driver to sign the form after the drug test is not considered a refusal to test.  However, the collection site person notifies the school district contact person and notes the driver's failure to sign on the form. 

               p.   The specimens are packaged for shipping to the laboratory and are shipped immediately or placed in secure storage until they can be shipped.

         6.   Laboratory.

               a.   The laboratory used by the school district's drug and alcohol-testing program is certified by the U.S. Department of Health and Human Services (DHHS).  Certified laboratories meet the testing procedures, personnel and record keeping requirements of the law.

               b.   Upon arrival of the specimens at the laboratory, the split specimen is stored and the primary specimen is tested.

                     (1)  A positive drug test result on the initial test of the primary specimen requires a confirmation drug test of the primary specimen.

                     (2)  The split specimen is discarded if the primary specimen has a negative drug test result.

         7.   Medical Review Officer (MRO).

               a.   The MRO may release drug-testing records of a driver to unauthorized individuals only with the written consent of the driver.

               b.   The MRO keeps a record of negative drug test results and reports negative drug test results to the school district, usually within two working days.

               c.   The primary role of the MRO is to review and interpret positive drug test results to determine whether a legitimate explanation exists for the positive drug test result.

                     (1)  After reviewing the chain of custody form and the laboratory drug test results, the MRO contacts the driver to discuss the positive drug test result prior to notifying the school district and to ask whether the driver requests a drug test of the split sample.  The driver's request for a drug test of the split sample must be made within seventy-two hours of talking with the MRO.

                     (2)  Upon request of the driver, the split specimen is sent to a second certified laboratory to test only for the drug found in the primary specimen.

                     (3)  The MRO contacts the school district contact person for assistance if the driver cannot be reached.

                     (4)  The school district contact person must confidentially inform the driver to contact the MRO.

                     (5)  Upon contacting the driver, the school district contact person must inform the MRO that the driver was contacted.

                     (6)  Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.

               d.   The MRO may verify a positive drug test without talking to the driver if:

                     (1)  The driver declines the opportunity to discuss the positive drug test.

                     (2)  The driver fails to contact the MRO within five days after the school district contact person has contacted the driver.

                     (3)  MRO verification of positive drug test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury or other circumstances unavoidably preventing the driver from timely contacting the MRO.  The MRO, based on this additional information, may find a legitimate explanation for the positive drug test result and declare the drug test negative.

               e.   The driver is notified of the drugs found in a positive drug test result by the MRO, the school district contact person or by certified mail to the driver's last known address.

               f.    The school district receives a written report of the negative and positive drug test results from the MRO.

F.      Pre-employment Testing.

         1.   Drivers shall submit to a drug test if a job offer is made.  The job offer is contingent upon:

               a.   A negative drug test result; and

               b.   A signed written statement authorizing former employers to release all information on the driver related to drugs and alcohol.

         2.   Prior to allowing a driver to perform a safety-sensitive function, and no later than fourteen days after performing a safety-sensitive function, information must be obtained, or a good faith effort must have been made to obtain the information about the driver's drug and alcohol history.

               a.   The following information must be obtained about the driver for the two-year period preceding the date of the application.

                     (1)  Alcohol test result of 0.04 alcohol concentration or greater;

                     (2)  Positive drug test results; and

                     (3)  Refusals to be tested.

               b.   The information must be obtained, or a good faith effort made to obtain, the information if the driver is currently performing and will continue to perform a safety-sensitive function.

               c.   The information must be obtained or a good faith effort made to obtain the information if the driver performed a safety- sensitive function and is no longer employed by the school district.

               d.   The information does not need to be obtained if the driver did not perform a safety‑sensitive function and is no longer employed by the school district. 

               e.   The school district may obtain information held by the prior employer for the two‑year period preceding the date of application even if the information came from other employers.

               f.    A good faith effort requires the school district to request and hopefully receive, the information prior the driver driving and no later than fourteen days after first driving by taking the following steps:

              (1)  Obtain the driver's written consent immediately after a conditional employment offer is made.

        (2)  Send a completed consent for Release of Information signed by the driver to prior employers via certified mail.

        (3)  Contact the prior employers' drug and alcohol testing program managers about the status of the request if no response is received within reasonable period.

                     (4)  Take appropriate action (i.e., follow-up with a SAP, terminate employment) if the information received, whether prior to or after the fourteen-day period, requires.

      (5)  Document and maintain the documentation of the steps taken to obtain the information when it is not received or the prior employer refuses to submit the information.

G.     Random Testing.

         1.   Annually, ten percent of the average number of drivers is selected for random alcohol tests and fifty percent of the average number of drivers is selected for random drug tests.

         2.   The drivers' identification numbers are selected by a scientific method giving each driver an equal chance to be selected.

         3.   Random tests are unannounced and spread throughout the year.

         4.   Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function.  The school district documents why some, if any, drivers were selected but not notified.

         5.   Drivers selected for random drug testing are notified at any time.  The school district must document why some, if any, drivers were selected but not notified.

         6.   Once the driver is notified of being selected for a random test, the driver must proceed immediately to the collection site.  However, drivers performing a safety-sensitive function must safely stop and proceed to the collection site as soon as possible.

H.     Reasonable Suspicion Testing.

         1.   A driver may be required to submit to a reasonable suspicion drug test at any time.

         2.   A driver may be required to submit to a reasonable suspicion alcohol test just before, during or just after the driver performs a safety-sensitive function or just before, during or just after the time the driver is required to be in compliance with the drug and alcohol testing program policy, its supporting documents or the law.

               a.   A reasonable suspicion alcohol test is performed within two hours and no later than eight hours of determining reasonable suspicion.

               b.   If the alcohol test is not given within two hours, the reasons for the delay must be documented.

               c.   If the alcohol test is not given within eight hours, attempts to test are stopped and the reason for not testing must be documented.

         3.   A reasonable suspicion test request is made by an employee who received training to determine reasonable suspicion. The reasons for the reasonable suspicion must be documented within twenty-four hours or prior to the release of the test results.  If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.  

I.       Post-accident Testing.

         1.   Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:

               a.   A fatality, other than the driver, occurred.

               b.   The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or

.              c.   The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a motor vehicle to be transported away from the accident scene by a tow truck or other motor vehicle.

                     (1)  "Disabling damage" is damage, which precludes the departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven but would have been further damaged if so driven.

                     (2)  "Disabling damage" excludes damage, which can be remedied temporarily at the scene of the accident without special tools or parts.

                           (a)  Tire disablement without other damage even if no spare tire is available.

                           (b)  Headlight or taillight damage.

                           (c)  Damage to turn signals, horn, or windshield wipers, which make them inoperative.

         2.   Drivers must remain readily available for post-accident testing.

               a.   Drivers who leave the scene or who do not remain readily available are deemed to have refused to test.

               b.   Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident drug and alcohol tests.

         3.   Alcohol testing requirements.

               a.   The alcohol test is administered within two hours and no later than eight hours of the accident.

               b.   The reasons for administering the test later than two hours after the accident must be documented.

               c.   The reasons for not administering the test within eight hours of the accident must be documented.

               d.   Drivers are prohibited from consuming alcohol for eight hours after the accident or until the alcohol test is completed.

         4.   Drug testing requirements.

               a.   The drug test is administered as soon as possible and no later than 32 hours after the accident.

               b.   The reasons for not administering the test must be documented.

         5.   Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests are presumed valid if the testing conforms to the law.  The school district must receive a copy of the results to use them.

J.       School district responsibilities.

         1.   Provide drivers with information on the drug and alcohol testing requirements of the drug and alcohol testing program policy, its supporting documents and the law, including the driver's obligations.

         2.   Supervisors of drivers or employees designated to determine reasonable suspicion must receive sixty minutes of training on alcohol misuse and sixty minutes of training on drug use.  The training must address the physical, behavioral, speech and performance indicators of probable alcohol misuse and drug use. The reasonable suspicion-training certificate must be maintained by the school district until the employee leaves employment of the school district or is no longer authorized to make a reasonable suspicion determination.

         3.   Provide drivers with instructions prior to the driver operating a school vehicle to enable the driver to comply with the drug and alcohol testing requirements.

         4.   Disallow drivers to report to work or perform a safety-sensitive function when the school district has actual knowledge of a driver's drug use whether or not a drug test was conducted.

         5.   Disallow drivers to report to work or perform a safety-sensitive function when the school district has actual knowledge of a driver with 0.02 alcohol concentration or greater whether or not an alcohol test was conducted.

         6.   Ensure, through the school district's drug and alcohol testing program service provider, that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary testing device or saliva alcohol testing device used for alcohol testing of its drivers, describes the inspection, maintenance and calibration requirements and intervals for the device.

         7.   Ensure, through the school district's drug and alcohol testing program service provider, that the collection site person using an evidentiary breath-testing device is a certified breath alcohol technician (BAT).

         8.   Ensure, through the school district's drug and alcohol testing program service provider, that the collection site person using a saliva alcohol-testing device is a certified BAT or saliva test technician (STT).

K.     Consequences of violating the drug and alcohol testing program policy, its supporting documents or the law.

         1.   Each violation is dealt with based on the circumstances surrounding the violation.  The following consequences may result from a violation.

               a.   Drivers may be disciplined up to and including termination.

               b.   Drivers may not be permitted to perform safety-sensitive functions.

               c.   Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs.

               d.   Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to termination.

               e.   Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements shall be disqualified from further consideration.

         2.   Nothing in the drug and alcohol testing program policy, its supporting documents or the law relating to drug and alcohol testing limits or restricts the right of the board or superintendent to discipline, up to and including termination, a driver for conduct which violates the school district's policies, supporting documents and procedures.

L.      Drug and alcohol testing records.

         1.   Drug and alcohol testing records are stored in locked files at limited access locations separate and apart from the driver's general personnel records.

         2.   The records are released only with the written consent of the driver.  Only those records specifically authorized for release may be released.  However:

               a.   Records may be released to appropriate government agencies without a driver's written consent.

               b.   Records may be released to appropriate school district employees without a driver's written consent.

               c.   School districts may, without a driver's written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver and arising from the result of an alcohol or drug test under the drug and alcohol testing program policy, its supporting documents or the law or from the school district's determination that the driver violated the drug and alcohol testing program, its supporting regulations, or the law.

         3.   With a written request, drivers may access and copy their drug and alcohol test records in accordance with the board policy related to employee records.  A driver is not denied access to these records for failure to pay fees associated with other records.

         4.   The following records of the school district's drug and alcohol testing programs are maintained for the time period indicated.

               a.   One year:

                     (1)  Records of negative and canceled drug test results and alcohol test results of less than 0.02 alcohol concentration.

                     (2)  Records related to a driver's test results.

                     (3)  Records related to other violations of the law.

                     (4)  Records related to substance abuse evaluations.

               b.   Two years:

                     (1)  Records related to the alcohol and drug collection process, except calibration of evidentiary breath testing devices, and training.

               c.   Five years:

                     (1)  Alcohol test results of 0.02 alcohol concentration and greater.

                     (2)  Verified positive drug test results.

                     (3)  Documentation of refusals to take required alcohol and/or drug tests.

                     (4)  Evidentiary breath testing device calibration documentation.

                     (5)  Driver substance abuse evaluations and referrals.

                     (6)  Annual calendar year summary.

                     (7)  Records related to the administration of the drug and alcohol-testing program.

               d.   Forever or as designated below.

                     (1)  Reasonable suspicion training certificates must be retained two years after the employee is no longer authorized to make a reasonable suspicion determination.

                     (2)  Records related to the education and training of drivers must be retained two years after the employee ceases to perform a safety sensitive function.

Approved:                   7/01/99

Reviewed:                  10/29/2020

Revised:                     

PERSONNEL

403.6R2 - DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

Air blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non alcohol.

Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidentiary breath alcohol test or saliva alcohol test under the law.

Alcohol use - the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.

Breath Alcohol Technician (BAT) - an individual who instructs and assists drivers in the alcohol testing process and operates an evidentiary breath testing device, non-evidentiary breath testing device or saliva testing device.

Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory.  In alcohol testing it is a test that is deemed to be invalid under the law.  A canceled drug test or alcohol test is neither a positive nor a negative test.

Chain of Custody - procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen.  With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory.

Collection site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.

Confirmation test - for alcohol testing it is a second test following a screening alcohol test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of breath alcohol concentration.  For drug testing it is a second analytical procedure (GC/MS) to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

Controlled substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine.

Driver - any person who operates a school vehicle.  This includes, but is not limited to:  full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district.  For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for drivers of school vehicle positions.

Initial test (or screening test) - in drug testing it is an immunoassay screen to eliminate "negative" urine specimens from further consideration.  In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.

Licensed medical practitioner – a person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.

Medical review officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with the driver's medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing - testing of a driver after an accident without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.

Performing a safety-sensitive function - a driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

Random Selection Process - when drug and alcohol tests are unannounced and every driver has an equal chance of being selected for testing.

Reasonable suspicion - when the school district believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.

Refusal to test - when a driver (1) fails to provide adequate breath or saliva for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the law, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the  provisions of the law, or (3) engages in conduct that clearly obstructs the testing process.  A refusal to test is treated as a positive drug test result or an alcohol test result of 0.04 alcohol concentration or greater.

Safety-sensitive function - all time from the time when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

Saliva test technician (STT) – an individual who has successfully completed U.S. DOT approved training for saliva alcohol testing who instructs and assists drivers in the initial (screening) alcohol testing process  and operates a non-evidentiary breath testing or saliva testing device..

School vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the school district which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand one pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.

Split specimen/split sample - the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in second specimen bottle (the split sample).

Substance abuse professional (SAP) - a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substances-related disorders.

PERSONNEL
403.7 - SUICIDE PREVENTION AND ACES TRAINING REQUIREMENTS

The District considers child exposure to adverse childhood experience, child mental health, and suicide as serious matters which impact learning opportunities for students, classroom, and instructional challenges for staff and ultimately, if not addressed, can lead to lifelong struggles, attempted suicide and loss of life. The District will follow all laws and regulations regarding the training required to inform staff of identification and referral to services for students with mental health challenges. 

The District shall provide suicide prevention and postvention training and training on the identification of adverse childhood experiences and strategies to mitigate toxic stress response for all school personnel who hold a license, certificate, authorization or statement of recognition issued by the board of educational examiners and who have regular contact with students in kindergarten through grade twelve. The training shall begin July 1, 2019, and occur annually between July 1 and June 30, thereafter.  The content of the training shall be based on nationally recognized best practices.

“Adverse childhood experience” means a potentially traumatic event occurring in childhood that can have negative, lasting effects on an individual’s health and well-being.

“Postvention” means the provision of crisis intervention, support, and assistance for those affected by a suicide or suicide attempt to prevent further risk of suicide.

The suicide prevention and postvention training shall be evidence-based, evidence-supported and be at least one hour in length.  The content of the training shall be based on nationally recognized best practices.

The identification of adverse childhood experiences (ACES) and strategies to mitigate toxic stress response training shall be evidence-based, evidence-supported, and be at least one hour in length or as determined by the Superintendent. The content of the training shall be based on nationally recognized best practices.

Approved      7/15/19 
Reviewed    10/29/2020 
Revised          

PERSONNEL

404.1R1

LICENSED EMPLOYEE CONDUCT REGULATION

CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

chapter 25


282—25.1(272)  Scope of standards. 

This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272.  The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282—25.2(272)  Definitions.

Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization issued by the board.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

282—25.3(272)  Standards of professional conduct and ethics. 

Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations.  Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board.  In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

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25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse.  Violation of this standard includes:

a.   Fraud.  Fraud in the procurement or renewal of a practitioner’s license.

b.   Criminal convictions.  The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, provided that the offense is relevant to or affects teaching or administrative performance.

(1)  Disqualifying criminal convictions.  The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1.   Any of the following forcible felonies included in Iowa Code § 702.11:  child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code Ch. 709, involving a child:

•           First, second or third-degree sexual abuse committed on or with a person who is under the age of 18;

•           Lascivious acts with a child;

•           Detention in a brothel;

•           Assault with intent to commit sexual abuse;

•           Indecent contact with a child;

•           Sexual exploitation by a counselor;

•           Lascivious conduct with a minor; or

•           Sexual exploitation by a school employee;

3.   Incest involving a child as prohibited by Iowa Code § 726.2;

4.   Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code § 728.2; or

5.   Telephone dissemination of obscene material to minors as prohibited by Iowa Code § 728.15.

(2)  Other criminal convictions and founded child abuse.  In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.      The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.      The time elapsed since the crime or founded abuse was committed;

3.      The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.      The likelihood that the person will commit the same crime or abuse again;

5.   The number of criminal convictions or founded abuses committed; and

6.   Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

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c.   Sexual involvement or indecent contact with a student.  Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual:  fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code § 702.17.

d.   Sexual exploitation of a minor.  The commission of or any conviction for an offense prohibited by Iowa Code § 728.12, Iowa Code Ch. 709 or 18 U.S.C. § 2252A(a)(5)(B).

e.   Student abuse.  Licensees shall maintain professional relationships with all students, both inside and outside the classroom.  The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)  Committing any act of physical abuse of a student;

(2)  Committing any act of dependent adult abuse on a dependent adult student;

(3)  Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)  Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)  Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee; or

(6)  Failing to report any suspected act of child or dependent adult abuse as required by state law.

25.3(2) Standard II alcohol or drug abuse.  Violation of this standard includes:

a.   Being on school premises or at a school–sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.   Being on school premises or at a school–sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III misrepresentation, falsification of information.  Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.   Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.   Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 17.

e.   Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests,

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including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV misuse of public funds and property.  Violation of this standard includes:

a.   Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.   Converting public property or funds to the personal use of the practitioner.

c.   Submitting fraudulent requests for reimbursement of expenses or for pay.

d.   Combining public or school–related funds with personal funds.

e.   Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V violations of contractual obligations.

a.   Violation of this standard includes:

(1)  Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)  Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)  Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)  As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

(5)  As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.   In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control.  For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)  The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)  The practitioner provided notice to the employing board no later than the latest of the following dates:

1.   The practitioner’s last work day of the school year;

2.   The date set for return of the contract as specified in statute; or

3.   June 30.

25.3(6) Standard VI unethical practice toward other members of the profession, parents, students, and the community.  Violation of this standard includes:

a.   Denying the student, without just cause, access to varying points of view.

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b.   Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.   Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.   Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.   Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, color, religion, age, sex, disability, marital status, national origin, or membership in a definable minority.

f.    Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.   Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.   Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.    Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.   Failing to self–report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.    Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.   Allowing another person to use one’s practitioner license for any purpose.

o.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared.

25.3(7) Standard VII compliance with state law governing student loan obligations and child support obligations.  Violation of this standard includes:

a.   Failing to comply with 282—Chapter 9 concerning repayment of student loans.

b.   Failing to comply with 282—Chapter 10 concerning child support obligations.

25.3(8) Standard VIII—incompetence.  Violation of this standard includes, but is not limited to:

a.   Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

b.   Willfully or repeatedly failing to practice with reasonable skill and safety.

These rules are intended to implement Iowa Code § 272.2(1)“a.”

Adopted:                     12/17/98

Revised:                      1/19/09

Reviewed:                   10/29/2020

<p>PERSONNEL</p>
<p>404-2</p>
<p>TECHNOLOGY AND ON-LINE RESOURCES - APPROPRIATE USE</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Technology is a vital part of the school district curriculum.&nbsp; The Internet will be made available to employees.&nbsp; Appropriate and equitable use of the Internet will allow employees to access resources unavailable through traditional means, to engage in research, and to communicate with others.&nbsp; To ensure the smooth operation of the school&#39;s computer network and to protect the best interests of the district, these guidelines have been developed to clarify the appropriate, ethical, and legal use of this technology.</p>
<p>&nbsp;</p>
<p>Employees will be able to access the Internet through the school&#39;s network.&nbsp; Individual accounts and electronic mail addresses will be issued to employees.&nbsp;</p>
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<p>The Internet can provide a vast collection of educational resources for employees.&nbsp; It is a global network, which makes it impossible to control all available information.&nbsp; Because information appears, disappears and changes constantly, it is not possible to predict or control what employees may locate.&nbsp; The school district makes no guarantees as to the accuracy of information received on the Internet.&nbsp;</p>
<p>&nbsp;</p>
<p>Employees should understand that use of technology is not private and usage may be monitored and reviewed by school officials.&nbsp; Employee account passwords should be kept private and appropriate precautions should be taken to prevent others from acquiring them.&nbsp; Any inappropriate activity is the responsibility of the account holder.&nbsp;</p>
<p>&nbsp;</p>
<p>Employees will sign a form acknowledging they have read and understand the Technology and On-Line Resources - Appropriate Use policy and regulations, that they will comply with the policy and regulations and understand the consequences for violation of the policy or regulations.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Approved:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6/10/2002</p>
<p>Reviewed:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 10/20/2014</p>
<p>Revised:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p>
<p>&nbsp;</p>

PERSONNEL
404.2E1
EMPLOYEE ACKNOWLEDGMENT OF TECHNOLOGY AND ON-LINE RESOURCES APPROPRIATE USE
 
 
In order to make sure that all members of the WACO Community School District understand and agree to the district's policies and regulations for use of technology and on-line resources, employees are asked to sign the following statement.
 
I HEREBY ACKNOWLEDGE that I have received a copy of the WACO Community Schools policies and regulations for use of technology and on-line resources.  
 
I UNDERSTAND THAT:
 
 
·         Employees will log off after each use.
 
·         Employees must keep their passwords private and are accountable if someone else uses their password.  Employees may request a new password at any time.
 
·         If inappropriate information is accessed unintentionally, the employee must immediately report such unintentional access to the technology coordinator or principal in order to avoid being found in violation of this regulation.  (An e-mail sent to both will suffice.)
 
·         The purpose of using technology and on-line resources is to support the learning process.
 
·         The WACO policies and regulations are designed to ensure efficient use.
 
·         Inappropriate use of technology and on-line resources is defined in the WACO polices and regulations.
 
·         It is my responsibility to follow these policies and guidelines.
 
 
 
 
 
Employee Signature _______________________________________________________________
 
             Date ______________________________________________________________
 

PERSONNEL

404.2R1

TECHNOLOGY AND WORKPLACE PRIVACY REGULATION

The WACO Community School District attempts to maintain equipment and supplies, which permit employees to accomplish their work in an efficient and effective manner.  It is important for employees to understand that equipment and supplies are district property and are to be used primarily for conducting school business. 

For most employees, a desk or workspace may be made available.  The desk and the workspace are district property.  The desk and workspace may be inspected by district officials at any time, with or without notice. 

The district assumes no responsibility or liability for items of personal property placed in the desk or workspace that is assigned to employees.

The district also provides telephones and computers for employees to use to conduct school business.  These items are district property. 

District administrators or employees authorized by the superintendent will monitor usage of the district technology resources on a periodic basis.  Inappropriate usage will be reported to the building principal or superintendent who will conduct an appropriate investigation. 

If inappropriate information is accessed unintentionally, the employee must immediately report such unintentional access to the technology coordinator or principal in order to avoid being found in violation of this regulation.

Further, district administrators or employees authorized by the superintendent may access any computer and copy files, examine and copy e-mail messages, monitor Internet usage, monitor and log telephone communications, and inspect the contents of e-mail and computer files for defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, offensive, or illegal material.  

If an administrator determines an investigation is appropriate, the employee will be notified before any examination or inspection made under this policy will come at the direction of a district administrator and at least two individuals will be present at the time of examination or inspection.  If the examination involves computer equipment, the computer and associated files will be locked until the investigation is completed.

Employment with the district constitutes consent to the monitoring and inspection provisions above.  Further, employees are to observe state and federal laws and regulations regarding computer and telecommunications usage.

Approved:                   6/10/2002

Reviewed:                   10/29/2020

Revised:                      

PERSONNEL

404.4R2                  

ACCEPTABLE USE OF TECHNOLOGY AND ON-LINE RESOURCES REGULATION

I.  Responsibility for Appropriate Use of Technology Resources
 

1. The School Board is legally responsible for all matters relating to the operation of the WACO Community School District.
2. The authority for appropriate use of technology and on-line resources is delegated to school administrators and staff employed by the school district.
3. Training in the proper use of technology and on-line resources may be provided to employees as appropriate.
4. All employees will practice appropriate use of the technology and on-line resources. Violations of appropriate use will result in disciplinary action.

II. Technology and On-Line Access
 

A.     For the purpose of this policy, technology and on-line resources are defined to include the following:

·         Electronic hardware and software including, but not limited to, computers, keyboards, monitors, disk drives, CD-ROMS, printers, scanners, projectors, digital cameras, related peripherals and all computer programs and data stored on disk drives and CD-ROMS.

·         Local and Wide Area Networks including network cards, cables, routers, switches, file servers, and the network administration and management software.

·         Internet is a collection of interconnected computer networks involving millions of computers and tens of millions of users around the world. It is a collaboration of private, public, educational, commercial, governmental and industrial sponsored networks whose operators cooperate to maintain the network infrastructure.

B.     Access to technology and on-line resources will be made available to employees as appropriate for their assignment.

C.     Employees will be able to access technology and on-line resources through the school account.  An Internet account will give access to the World Wide Web.

1.      Making technology and on-line resource access available carries with it the potential that some might encounter information that may not be appropriate.  However, on a global network, it is impossible to control all materials.  Because on-line information appears, disappears, and changes, it is not possible to predict or control what users may locate. 

2.      It is a goal to allow employees access to the rich learning opportunities using technology and on-line resources.

3.      If an employee has a legitimate need to access a site blocked by the Internet filtering system, the employee should contact the technology coordinator or principal for procedures to by-pass the filtering system.

4.      The smooth operation of the network relies upon the proper conduct of the end users who must adhere to strict guidelines requiring efficient, ethical, and legal utilization of network resources.

5.      Transmission of material, information or software in violation of any district, local, state or federal law is prohibited.  

III. Employee Use of Technology and On-Line Resources
 

A.     Equal Opportunity

1.      Technology and on-line resources shall be available to employees as appropriate for their assignment.  The amount of time available to employees may be limited by the number of available computers and the demand for use.

2.      Technology and on-line resource applications which are available to individuals having a technology and on-line resource account are shared by everyone using the network. It is important to follow proper procedures to insure the smooth operation of the network for everyone using it.

B.     Technology and On-line Etiquette

1.      The use of technology and on-line resources is a privilege. As users of technology and on-line resources employees may be allowed access to other networks. Each network may have its own set of policies and procedures. It is the user's responsibility to abide by the policies and procedures of these other networks.

2.      Employees should adhere to technology and on-line protocol:

a.       Respect all copyright and license agreements.

b.      Only remain on-line long enough to get needed information.

c.       Apply the same privacy, ethical, and educational considerations utilized in other forms of communication.

d.      Be polite to others.

e.       Use appropriate language. 

3.      Employee access for electronic mail will be through a district account.  Remember that e-mail is not private; never send private or confidential material.  Employees must adhere to the following electronic mail guidelines:

a.       Read and download or delete e-mail on a regular basis.

b.      Use of vulgar and/or abusive language is prohibited.

C.     Unacceptable Use of Technology and On-Line Resources

The transmission of any material in violation of district policies and regulations or federal or state law or regulation is prohibited.  This includes, but is not limited to, unauthorized use of copyrighted material, threatening, violent or obscene material, or material protected by trade secret. 

The list of prohibited activities includes, but is not limited to:

·         Using the technology resources for commercial purposes, product advertisement, unauthorized chat room or illegal chain letter communication.

·         Intentionally attempting to download, or upload any unauthorized software, text files, pictures, graphic files, sound files, or video files.  If such inappropriate information is accessed unintentionally, the employee must immediately report such unintentional access to the building principal or superintendent in order to avoid being found in violation of this regulation.

·         Engaging in any form of communication that advocates violence, racism, anarchy, treason, discrimination or contains pornographic obscene, or sexually explicit material.

·         Network activities that use excessive resources in ways that prevent others from accessing the network.

·         Writing to system accounts other than the one assigned by the network administrator.

·         Downloading or accessing information that encourages the use of tobacco, alcohol, or controlled substances, use of bombs or bomb making, or otherwise promotes any activity prohibited by district policy, state, or federal law.

·         Forging or attempting to forge electronic messages including attempts to read, delete, copy, or modify the electronic messages of other system users.  Local, state, or federal laws may apply.

Acts of vandalism are prohibited.  Vandalism includes, but is not limited to, any attempt to harm or destroy data of another user, to intercept, copy, distribute, decrypt, or use the login names and/or passwords of others, to attempt to secure a higher level of network privilege, to damage hardware or software, to alter the normal performance of hardware or software, or to interrupt the smooth operation of the network.  This includes the downloading or installation of computer viruses, applications intended to disrupt the operation of the network system, unauthorized use of another's computer, account passwords, and/or files.  Acts of vandalism may result in discipline up to and including suspension, termination, or the filing of criminal charges.

The district will cooperate with any investigation concerning or relating to the misuse of the district's technology resources.

D.     Unauthorized Costs

If an employee gains access to any service via technology and on-line resources which has a cost involved, the WACO Community School District will not be responsible for those costs. The employee will be responsible for those costs.

IV. Employee Violations; Consequences and Notifications:

Employees who attempt to access and/or download inappropriate/objectionable items, send messages with vulgar/abusive language while using technology and on-line resources, violate any federal or state law or regulation, violate any of the policies or regulations of the school shall be subject to disciplinary consequences up to and including suspension without pay or dismissal.  If a criminal investigation is initiated, the district will cooperate fully with law enforcement officials.

Approved:                   6/10/2002

Reviewed:                    10/29/2020

Revised:                       

PERSONNEL

405.1

LICENSED EMPLOYEE DEFINED

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions may be approved by the board.

Licensed employees must present evidence of current license to the board secretary prior to payment of salary.

Legal Reference:         Clay v. Independent School District of Cedar Falls, 187 Iowa

                                    89, 174 N.W. 47 (1919).

                                    Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (2001).

                                    282 I.A.C. 14.

                                    281 I.A.C. 12.4; 41.25.

                                    1940 Op. Att'y Gen. 375.

Cross Reference:         405.2  Licensed Employee Qualifications, Recruitment

                                              Selection

                                    410.1  Substitute Teachers

                                    411.1  Classified Employee Defined

Adopted:                     12/17/98

Reviewed:                   10/29/2020

Revised:                     

PERSONNEL

405.2

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," shall have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion or disability.  Job applicants for licensed positions shall be considered on the basis of the following:

                        ·           Training, experience, and skill;

                        ·           Nature of the occupation;

                        ·           Demonstrated competence; and

                        ·           Possession of, or ability to obtain, state license if required for the position.

Announcement of the position shall be in a manner which the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications shall be returned to the school district administrative office.  Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board shall employ licensed employees after receiving a recommendation from the superintendent.  However, the superintendent shall have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees shall be followed.

Legal Reference:          29 U.S.C. §§ 621-634 (1988).

                                    42 U.S.C. §§ 2000e et seq. (1988).

                                    42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                    Iowa Code §§ 20; 35C; 216; 294.1 (2001).

                                    281 I.A.C. 12.

                                    282 I.A.C. 14.

                                    1980 Op. Att'y Gen. 367.

Cross Reference:         401.1  Equal Employment Opportunity

                                    405    Licensed Employees - General

                                    410.1  Substitute Teachers

Adopted:                      12/17/98

Reviewed:                    10/29/2020

Revised:                      

PERSONNEL

405.3

LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.

Each contract will be for a period of one year.  .

It shall be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, shall be returned to the superintendent.  The superintendent shall obtain the employee's signature.  After being signed, the contract shall be filed with the board secretary.

NOTE:  By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract.  Individual teaching contracts cannot exceed one year.

Legal Reference:         Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

                                    Iowa Code chs. 20; 279 (2001).

Cross Reference:         405.2  Licensed Employee Qualifications, Recruitment,

                                              Selection

                                    405.4  Licensed Employee Continuing Contracts

                                    407    Licensed Employee Termination of Employment

Adopted:                     12/17/98

Reviewed:                  10/29/2020

Revised:                     

PERSONNEL

405.4

LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.

The first three years of a continuing contract issued to a newly employed licensed employee shall be considered a probationary period.  The board may waive this period.  The probationary period may be extended for an additional year upon the consent of the licensed employee.  In the event of termination of the employee's contract during this period, the board shall afford the licensed employee appropriate due process.  The action of the board will be final.

Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30.  The superintendent shall make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with board policies in those areas.

Legal Reference:         Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                                    Iowa Code §§ 20; 272; 279.12-.19B, .27; 294.1 (2001).

Cross Reference:         405.3  Licensed Employee Individual Contracts

                                    405.9  Licensed Employee Probationary Status

                                    407    Licensed Employee Termination of Employment

Adopted:                     12/17/98

Revised:                      10/29/2020

Reviewed:                   

PERSONNEL

405.5

LICENSED EMPLOYEE WORK DAY

The work day for licensed employees shall begin each day of the school year at a time established by the superintendent. "Day" is defined as one work day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day.  Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.

The building principal is authorized to make changes in the work day in order to facilitate the education program.  These changes shall be reported to the superintendent.

The work day outlined in this policy is a minimum work day.  Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding work day of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20; 279.8 (2001).

Cross Reference:         200.2  Powers of the Board of Directors

Adopted:                     12/17/98

Reviewed:                   10/29/2020

Revised:                     

PERSONNEL

405.6

LICENSED EMPLOYEE ASSIGNMENT

Determining the assignment of each licensed employee is the responsibility of the board.  In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

It shall be the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding assignment of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.9; 279.8 (2001).

Cross Reference:         200.2  Powers of the Board of Directors

Adopted:                     12/17/98

Reviewed:                   10/29/2020

Revised:                     

PERSONNEL

405.7

LICENSED EMPLOYEE TRANSFERS

Determining the location where an employee's assignment will be carried out is the responsibility of the board.  In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

A transfer may be initiated by the employee, the principal, or the superintendent.

It shall be the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding transfers of employees shall be followed.

Legal Reference:         Iowa Code §§ 20.9; 216.14; 279.8 (2001).

Cross Reference:         405.2  Licensed Employee Qualifications, Recruitment,

                                                          Selection

                                    405.6  Licensed Employee Assignment

Adopted:                     12/17/98

Reviewed:                   10/29/2020

Revised:                     

PERSONNEL

405.8

LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, shall be to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria shall be in writing and approved by the board.  The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth.  The formal evaluation shall be completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

It shall be the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees shall be evaluated at least twice each year.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding evaluation of such employees shall be followed.

Legal Reference:         Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

                                    Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

                                    Iowa Code §§ 20.9; 279.14, .19, .27 (2001).

                                    281 I.A.C. 12.3(4).

Cross Reference:         405.2  Licensed Employee Qualifications, Recruitment,

                                              Selection

                                    405.9  Licensed Employee Probationary Status

Adopted:                     12/17/98

Reviewed:                  10/29/2020

Revised:                     

PERSONNEL

405.9

LICENSED EMPLOYEE PROBATIONARY STATUS

The first three years of a new licensed employee's contract shall be a probationary period unless the employee has already successfully completed the three year probationary period.  New employees who have successfully completed a probationary period in a previous school district will serve a one year probationary period.

Former employees who return to employment with the district shall be subject to a one-year probationary period. 

Current employees who request a transfer to a new assignment shall be subject to a one-year probationary period.  Employees transferred involuntarily shall not be subject to probation.

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period for one additional year with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.

Licensed employees may also serve a probationary period based upon their performance.  Such probationary period shall be determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.

Legal Reference:         Iowa Code §§ 279.12-.19B (2001).

Cross Reference:         405.4  Licensed Employee Continuing Contracts

                                    405.8  Licensed Employee Evaluation

Adopted:                     12/17/98

Reviewed:                   10/29/2020

Revised:                     

PERSONNEL

406.1

LICENSED EMPLOYEE SALARY SCHEDULE

The board shall establish salary schedules for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule.  The salary schedule shall be subject to review and modification through the collective bargaining process.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding wages and salaries of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).

Cross Reference:         405    Licensed Employees - General

                                    406.2  Licensed Employee Salary Schedule Advancement

Approved:                   1/21/99

Reviewed:                  1/18/2021

Revised:                     

PERSONNEL

406.2

LICENSED EMPLOYEE SALARY SCHEDULE ADVANCEMENT

It shall be the responsibility of the Salary Review Committee to make a recommendation to the board for the advancement of licensed employees on the salary schedule.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding salary schedule advancement of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).

Cross Reference:         405  Licensed Employees - General

                                    406  Licensed Employee Compensation and Benefits

Approved:                   1/21/99

Reviewed:                 1/18/2021

Revised:                     

PERSONNEL

406.3

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule.  Licensed employees who have completed additional hours will be considered for advancement on the salary schedule. 

It shall be the responsibility of the Salary Review Committee to make a recommendation to the board for the advancement of a licensed employee on the salary schedule.

The requirements stated in the Master Contract between licensed employees in a certified collective bargaining unit and the board regarding continued education credit of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).

Cross Reference:         405  Licensed Employees - General

                                    406  Licensed Employee Compensation and Benefits

Approved:                   1/21/99

Reviewed:              1/18/2021

Revised:                     

PERSONNEL

406.4

LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board shall establish a salary schedule for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent may assign the extra duty positions to qualified licensed employees.  The licensed employee shall receive compensation for the extra duty required to be performed.

It shall be the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees shall have the extra duty, and the salary schedule for extra duty, for the board's review.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the compensation for extra duties of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2001).

Cross Reference:         405  Licensed Employees - General

                                    406  Licensed Employee Compensation and Benefits

Approved:                   1/21/99

Reviewed:                 1/18/2021

Revised:                     

PERSONNEL

406.5

LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

The requirements stated in the Master Contract between the district and the WACO Education Association regarding the group insurance benefits of such employees shall be followed.

Nothing in the policy restricts the board from exercising its rights of management as defined by law.

Legal Reference:         Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2001).

Cross Reference:         405.1  Licensed Employee Defined

Approved:                   3/19/98

Reviewed:                 1/18/2021

Revised:                     

PERSONNEL

406.6

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from any vendor  that is part of the Iowa Department of Administrative Services Retirement Investors' Club.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the tax sheltered annuities of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.9; 260C; 273; 294.16 (2001).

                                    1988 Op. Att'y Gen. 38.

                                    1976 Op. Att'y Gen. 462, 602.

                                    1966 Op. Att'y Gen. 211, 220.

Cross Reference:         706  Payroll Procedures

Approved:                   1/21/99

Reviewed:                 1/18/2021

Revised:                      3/16/09

PERSONNEL

407.1

LICENSED EMPLOYEE RESIGNATION

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

Legal Reference:         Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2001).

Cross Reference:         405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407    Licensed Employee Termination of Employment

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

407.2

LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give at least  thirty days notice to the superintendent.  Licensed employees may be released at the discretion of the board. 

Release from a contract shall be contingent upon finding a suitable replacement unless waived by the board.  Licensed employees requesting release from a contract after it has been signed and after June 15 and before it expires may be required to pay the board up to $750 for expenses incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary..  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

NOTE:  School districts may charge employees for costs incurred in finding a replacement.  Employees can only be charged costs, not "penalties."  The costs cannot be withheld from money owed the employee unless the employee agrees.  If costs are not withheld from moneys owed to the employee, the school district must bill the employee.  If the employee fails to pay, the school district's only option is to file a claim in small claims court.  The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.

Legal Reference:                     Iowa Code §§ 216; 272; 279.13, .19A, .46 (2001).

                                                1978 Op. Att'y Gen. 247.

                                                1974 Op. Att'y Gen. 11, 322.

Cross Reference:                     405.3  Licensed Employee Individual Contracts

                                                405.4  Licensed Employee Continuing Contracts

                                                407.3  Licensed Employee Retirement

Approved:                   1/21/99

Reviewed:                1/18/2021

Revised:                      

PERSONNEL

407.3 - LICENSED EMPLOYEE RETIREMENT

Licensed employees who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes nonrenewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees who retire and their spouse and dependents shall be allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

Legal Reference:         Iowa Code §§ 97B; 216; 279.46 (2001).

                                    581 I.A.C. 21.

                                    1978 Op. Att'y Gen. 247.

                                    1974 Op. Att'y Gen. 11, 322.

Cross Reference:         401.8  Recognition for Service of Employees

Approved:                   1/21/99

Reviewed:                 1/18/2021

Revised:                      

PERSONNEL

407.4

LICENSED EMPLOYEE SUSPENSION

Licensed employees shall perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes.  It shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

In the event of a suspension, appropriate due process shall be followed.

Legal Reference:         Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

                                    Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).

Cross Reference:         404  Employee Conduct and Appearance

                                    407  Licensed Employee Termination of Employment

Adopted:         1/21/99

Reviewed:      1/18/2021

Revised:         

PERSONNEL

407.5

LICENSED EMPLOYEE REDUCTION IN FORCE

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It shall be the responsibility of the superintendent to make a recommendation for termination to the board. 

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).

Cross Reference:         407.4  Licensed Employee Suspension

                                    413.5  Classified Employee Reduction in Force

                                    703    Budget

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

408.1 - LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees.  

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program. 
 

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board shall maintain and support an in-service program for licensed employees.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, shall be made to the principal.  Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent shall have sole discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. 

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding professional development of such employees shall be followed.

Legal Reference:         Iowa Code § 279.8 (2001).

                                    281 I.A.C. 12.7.

Cross Reference:         414.9  Classified Employee Professional Purposes Leave

Approved:                   1/21/99

Reviewed:                  1/18/2021

Revised:                     

PERSONNEL

408.2

LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by licensed employees and the financial gain therefrom shall be the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

Legal Reference:         Iowa Code § 279.8 (2001).

Cross Reference:         401.2  Employee Conflict of Interest

                                    606.4  Student Production of Materials and Services

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

408.3

LICENSED EMPLOYEE TUTORING

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor.  Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

Legal Reference:         Iowa Code §§ 20.7; 279.8 (2001).

Cross Reference:         401.2  Employee Conflict of Interest

                                    402.6  Employee Outside Employment

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

409.1

LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

The board shall determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.

It shall be the responsibility of the superintendent to make a recommendation to the board on vacations, holidays, and personal leave for licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees shall be followed.

Legal Reference:         Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2001).

Cross Reference:         414.1  Classified Employee Vacations - Holidays -Personal Leave

                                    601.1  School Calendar

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

409.2

LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

All regular full-time employees (working 5 days per week) shall receive fifteen (15) days for sick leave for the first and each succeeding year of employment up to and including one hundred twenty (120) days at the end of any fiscal year (June 30).  Experienced employees hired into the district for the first time shall be credited up to thirty (30) days cumulative sick leave, if these days have been accumulated during the employment in a previous school district within the past two years.  These thirty (30) days of credit will stand without additional days to be credited until the beginning of the third year in this system.  For all regular part-time employees (working less than 5 days per week) leave will be on a pro-rata basis consistent with their hours of

employment and with this policy.

Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It shall be within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.   In the event the employee is absent for more than three (3) consecutive working days, the employee shall furnish the Superintendent or designee a statement from a licensed physician stating that the employee was unable to perform such duties of employment for the period of absence and that the employee is now able to return to work. 

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the personal illness leave of such employees shall be followed.

Legal Reference:         Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    26 U.S.C. § 2601 et seq. (Supp. 1993)

                                    29 C.F.R. Pt. 825 (1993).

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

Cross Reference:         403.2  Employee Injury on the Job

                                    409.3  Licensed Employee Family and Medical Leave

                                    409.8  Licensed Employee Unpaid Leave

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

409.3

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as the employee's contract year.  Requests for family and medical leave shall be made to the superintendent.

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding family and medical leave of such employees shall be followed.

Legal Reference:         Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    26 U.S.C. § 2601 et seq. (Supp. 1993)

                                    29 C.F.R. Pt. 825 (1993).

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

Cross Reference:         409.2  Licensed Employee Personal Illness Leave

                                    409.8  Licensed Employee Unpaid Leave

                                    414.3  Classified Employee Family and Medical Leave

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

409.3E1

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

YOUR RIGHTS UNDER THE FAMILY ANDMEDICAL LEAVE ACT OF 1993

The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.  Employees are eligible of they have worked for a covered employer for at least one year and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

REASONS FOR TAKING LEAVE

Unpaid leave must be granted for any of the following reasons:

·         To care for the employee's child after birth, or placement for adoption or foster care.

·         To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or

·         For a serious health condition that makes the employee unable to perform the employee's job.

At the employee's or employer's option, certain kinds of paid leave my be substituted for unpaid leave.

ADVANCE NOTICE AND MEDICAL CERTIFICATION

The employee may be required to provide advance leave notice and medical certification.  Taking leave may be denied of requirements are not med.

·         The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."

·         An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.

JOB BENEFITS AND PROTECTION

·         For the duration of the FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”

·         Upon the return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

·         The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

UNLAWFUL ACTS BY EMPLOYERS

FMLA makes it unlawful for any employer to:

·         interfere with, restrain, or deny the exercise of any right provided under FMLA:

·         discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

ENFORCEMENT

·         The U.S. Department of labor is authorized to investigate and resolve complaints of violations.

·         An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State of local law or collective bargaining agreement which provides greater family or medical leave rights.

FOR ADDITIONAL INFORMATION

Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor

Approved:                             1/21/99

Reviewed:                             1/18/2021

Revised:                                               

PERSONNEL
409.3E2
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM
 
 
Date:                                                            
 
I,                                                                   , request family and medical leave for the following reason:  (check all that apply)
 
                        for the birth of my child;
                        for the placement of a child for adoption or foster care;
                        to care for my child who has a serious health condition;
                        to care for my parent who has a serious health condition;
                        to care for my spouse who has a serious health condition; or
                        because I am seriously ill and unable to perform the essential functions of my
position.
 
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
 
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
 
I request that my family and medical leave begin on                                                 and I request leave as follows: (check one)
 
            continuous
 
            I anticipate that I will be able to return to work on                                                     .
 
            intermittent leave for the:
 
                                    birth of my child or adoption or foster care placement subject to agreement
by the district
                                    serious health condition of myself, parent, or child when medically
 necessary
 
                        Details of the needed intermittent leave:
 
 
 
                                    I anticipate returning to work at my regular schedule on                             .
            reduced work schedule for the:
 
                                    birth of my child or adoption or foster care placement subject to agreement
by the school district
                                    serious health condition of myself, parent, or child when medically
necessary
 
                        Details of needed reduction in work schedule as follows:
 
 
 
 
 
                                    I anticipate returning to work at my regular schedule on                             .
 
 
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
 
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions shall be deducted from moneys owed me during the leave period.  If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
 
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
 
 
 
I acknowledge that the above information is true to the best of my knowledge.
 
Signed                                                               
 
Date                                                                  
 
 
 
 

PERSONNEL
409.3E3
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

1.  Employee’s Name                                                                      2.  Patient’s Name (if other than employee)

3.  Diagnosis
 
 
 
 

4.  Date condition commenced                                                        5.  Probable duration of condition
 

6.  Regimen of treatment to be prescribed (indicate number of visits, general nature and duration of treatment, including referral to other provider of health services.  Include schedule of visits or treatment, if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee’s normal schedule of hours per day or days per week.)
 
a.  By Physician or Practitioner
 
 
 
 

b. By another provider of health services, if referred by Physician or Practitioner
 
 
 
 
 
 

If this certification relates to care for the employee’s seriously-ill family member, skip items 7, 8 and 9 and proceed to items 13 thru 20 on reverse side.  Otherwise, continue below.

 
Check Yes or No in the boxes below, as appropriate
 
7.  Is inpatient hospitalization of the employee required?     Yes     No
 
8.  Is employee able to perform work of any kind?  (if “No”, skip item 9)     Yes     No
 
9.  Is employee able to perform the functions of employee’s position?  (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discuss with employee)     Yes     No

 
10.  Signature of Physician or Practitioner                   11.  Date             12.  Type of Practice (Field of Specialization, if any)
 
 
 
 
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
 

For certification relating to care for the employee’s seriously ill family member, complete items 13 thru 17 below as they apply to the family member and proceed to item 20.

13.  Is inpatient hospitalization of the family member (patient) required?            Yes     No
 
14.  Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation?
  Yes     No
 

15.  After review of the employee’s signed statement (See item 17 below), is the employee’s presence necessary or would it be beneficial for the care of the patient?  (This may include psychological comfort.)     Yes     No
 

16.     Estimate the period of time care is needed or the employee’s presence would be beneficial.
 
 
 
 
 
 
 
 

Item 17 is to be completed by the employee needing family leave
17.     When Family Leave is needed to care for a seriously ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule.
 
 
 
 
 
 
 
 
 
 

18.     Employee Signature                                                                                                           19.  Date
 

20.     Signature of Physician or Practitioner                               21. Date            22. Type of Practice (Field of Specialization, if any)
 

PERSONNEL
409.3E4
LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET
 
 
Complete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act.  Be sure to note the requirements relating to family and medical leave in the school district's policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district's obligations.  Also be sure to note the definitions in Exhibit A-R2.
 
Section I:  Eligible Employee.  (Please check all that apply.)
 
            Covered by a policy/collective bargaining agreement.  (If checked, please move to Section II.)
 
            The employee must meet all criteria below to move to Section II.
 
                        50 or more employees are on the payroll of or under contract to the school district.
 
                        Worked 52 weeks in the school district (consecutive or nonconsecutive). OR
                        Worked 12 months in the school district (consecutive or nonconsecutive).
 
                        Worked 1250 hours for the school district in 12 months prior to the request.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hours required.
 
Section II:  Family and Medical Leave Purpose.  (One must be checked to move to Section III.)
 
            Birth and care of newborn prior to first anniversary of child's birth.
 
            Care of adopted child or foster care child prior to first anniversary of placement.
 
            Care for serious health condition of spouse, child, child for which employee is "in loco parentis" and for any of these if they are over eighteen and have a disability which prevents the child from caring for himself or herself.
 
                        Requested medical certification for family and medical leave due to a
serious health condition of the spouse, parent or child on
                                (date).
 
                        Received medical certification within 15 days of the request on  
                                    (date).
 
 
            Serious health condition of the employee.
 
                        Requested medical certification for family and medical leave due to a
serious health condition of the employee on                          (date).
 
                        Received medical certification within 15 days of the request on
                                (date).
 
            Other purposes contained in a policy/collective bargaining agreement.
 
Section III:  Timing of Family and Medical Leave Request.
 
            Date of family and medical leave request                                (date).
 
            Date family and medical leave to begin                                  (date).
 
            Provide FMLA leave information to employee at time of request                       _ (date).
 
(If one is checked, please move to Section IV.)
 
            Leave request for foreseeable family and medical leave is 30 days prior to date family and medical leave begins.
 
            Leave request for foreseeable family and medical leave is in compliance with policy/collective bargaining agreement.
 
            Leave request for foreseeable family and medical leave was made as soon as practicable, and no later than one business day, prior to date family and medical leave begins.
 
            Leave request for unforeseeable family and medical leave was made in accordance with the policy/collective bargaining agreement timelines.
 
Section IV:  Calculation of Available Family and Medical Leave.
 
Beginning date for 12-month entitlement period:  (Check the method adopted by the school district.)
 
          July 1  (fiscal year)
          January 1  (calendar year)
          September 1  (school year)
          First day of forward 12-month entitlement period
          First day of rolling backward 12-month entitlement period
          Collective bargaining agreement year
          Other
 
 
Total family and medical leave for the 12-month entitlement period  12 weeks
Leave taken to date in the entitlement period                        -                             
Leave available for the entitlement period                                                
 
If sufficient family and medical leave is available and the employee qualifies for family and medical leave, the family and medical leave will be granted in accordance with the policy/collective bargaining agreement.
 
The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.
 
If both spouses are employed by the school district, they may only take a combined total of 12 weeks during the entitlement period for the birth, adoption or foster care placement prior to the first anniversary of the child's birth or placement and for the care of a parent with a serious health condition.
 
If insufficient family and medical leave is available, the school district may award only the family and medical leave available or award the family and medical leave in accordance with other provisions of the policy/collective bargaining agreement.
 
Section V:  Types of Family and Medical Leave.  (Please check all that apply.)
 
            Continuous leave for purposes listed in Section II.
 
            Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
 
            Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
 
            Intermittent leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
 
            Reduced work schedule leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
 
            Others contained in a policy/collective bargaining agreement.  (Please specify.)                                                                 
 
 
 
 
 
Section VI:  Instructional Employee Intermittent or Reduced Schedule Leave.
 
            A policy/collective bargaining agreement extends this rule to non-instructional employees.
 
            A policy/collective bargaining agreement eliminates this rule for instructional employees.
 
            Instructional employees' intermittent or reduced schedule leave for greater than 20 percent of the work days in the family and medical leave period.
 
            Total number of days during leave period                              
                                                X     .20 
            20 percent of leave days                                           
            Days of leave requested                                            
 
If the number of days requested exceeds 20 percent of the family and medical leave days, the school district may require the instructional employee to take family and medical leave for the entire leave period OR transfer the instructional employee to an alternate position with equivalent pay and benefits.  The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.
 
Section VII:  Instructional Employees Family and Medical Leave Special Rules.
 
            Instructional employee.
 
            A policy/collective bargaining agreement extends one or all of these rules to
noninstructional employees.
 
            A policy/collective bargaining agreement eliminates one or all of these rules for
instructional employees.
 
            The school district can require the employee to remain on family and medical leave until
end of the semester if each of the following apply:
 
                        Leave begins prior to five weeks before end of semester;
                        Leave is for three weeks or more; and
                        Employee will return during last three weeks of semester.
 
            Last work day of the semester                                     
            Date of fifth week before end of the semester                                   
            Date of third week before end of the semester                                   
 
            Date of requested leave                                
            Length of requested leave                            
            Date of return from leave                             
 
            The school district can require employee to remain on family and medical leave for leave other than an employee's serious health condition until end of semester if each of the following apply:
 
                        Leave begins during last five weeks before end of semester;
                        Leave is greater than two weeks; and
                        Employee will return during last two weeks of semester.
 
            Last work day of the semester                                   
            Date of fifth week before end of the semester                                  
            Date of second week before end of the semester                              
 
            Date of requested leave                               
            Length of requested leave                           
            Date of return from leave                            
 
            The school district can require the employee to remain on family and medical leave for purpose other than an employee's serious health condition until the end of the semester if each of the following apply:
 
                        Leave begins during last three weeks before end of the semester; and
                        Leave is greater than five working days.
 
            Last work day of the semester                                     
            Date of third week before end of the semester                                
 
            Date of requested leave                                 
            Length of requested leave                             
 
The employee must be informed that the actual family and medical leave taken under these rules will be credited to the employee's 12-week entitlement.
 
Section VIII:  Paid or Unpaid Family and Medical Leave.
 
            Provide employee notice whether the family and medical leave is paid or unpaid leave after completing the work sheet in accordance with the policy/collective bargaining agreement.
 
            Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.
 
            Family and medical leave is unpaid leave.
 
 
 
 
 
Section IX:  Employee Progress Report.
 
            Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).
 
 
 
 
 
            Requested medical recertification for family and medical leave due to a serious health condition of the spouse, parent or child on                              (date).
 
            Received medical recertification within 15 days of the request on                             (date).
 
Section X:  Employee Benefits During Family and Medical Leave.
 
The employee's health insurance coverage must be continued during the period of family and medical leave.  The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee's return to work.  The employee will pay the employee's share of health insurance and other benefits during the leave period.
 
            Arrangements have been made with the employee to continue the employee's share of health insurance premiums while on family and medical leave:
 
                        From monies due to the employee
                        By the first of each month from the employee
                        Other (please specify)                                            
 
            Arrangements have been made with the employee to continue the employee's share of the employee's other benefits while on family and medical leave:
 
                        From monies due to the employee
                        By the first of each month from the employee
                        Other (please specify)                                            
 
            The employee has chosen to discontinue all employee benefits while on family and medical leave.
 
            Employees who fail to provide payment of the employee's share of benefits premium during the period of family and medical leave have 15 days following notice to pay the employee's share.
 
            Employees who fail to pay within 15 days after receiving notice of payment due may have employee benefits discontinued.
 
            The school district will deduct unpaid employee portion of benefits from monies due to the employee upon return to work, and the employee has signed a written statement authorizing the deduction.
 
            The school district will seek recovery of unpaid employee portion of benefits through small claims court or other appropriate recovery process.
 
Even if the employee chooses to discontinue employee benefits during the period of family and medical leave, the school district should exercise great care before discontinuing employee benefits.  The school district is required to restore the employee to full benefits when the employee returns to work, including group health insurance, without any qualifying period, physical examination, exclusion of pre-existing conditions and other similar requirements.
 
            The school district may discontinue the employee's benefits upon receipt of written notice of the employee's intent not to return to work.
 
Section XI:  Key Employees.
 
            Salaried employees among the highest paid ten percent of a school district's employees are considered key employees of the school district.
 
                        Year-to-date earnings for employee                             
                        Total weeks of work and paid leave   /                         
                        Highest pay for employee       =                                    
 
            Provide notice to key employees stating they are a key employee and they may not be reinstated at end of the family and medical leave period if substantial and grievous economic injury exists.
 
            Compile data to justify substantial and grievous economic injury.  Substantial and grievous economic injury does not include minor inconvenience and costs typical to the normal operation of the school district.
 
            The key employee is entitled to benefits during the family and medical leave in the same manner as other employees.
 
Section XII:  Employee's Return to Work.
 
            Employee is fully restored the same or an equivalent position with:
 
                            Pay and benefits
                            Health insurance
                            Life insurance
                            Other benefits or requirements in a policy/collective bargaining
                                    agreement
 

PERSONNEL

409.3R1

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.        School district notice.

1.                  The school district will post the notice in 409.3E1 regarding family and medical leave.

2.                  Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. 

3.                  When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

a.                   a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;

b.                  a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;

c.                   an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

d.                  a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

B.                 Eligible employees.

            Employees are eligible for family and medical leave if three criteria are met.

1.                  The school district has more than 50 employees on the payroll at the time leave is requested;

2.                  The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and

3.                  The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

            If the employee requesting leave is unable to meet the above criteria, then the employee is not eligible for family and medical leave.

C.        Employee requesting leave -- two types of leave.

1.                  Foreseeable family and medical leave.

a.                   Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

b.                  Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.

c.                   Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.

2.                  Unforeseeable family and medical leave.

a.                   Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

b.                  Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

c.                   A spouse or family member may give the notice if the employee is unable to personally give notice.

D.        Eligible family and medical leave determination.

1.                  Four purposes.

a.                   The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

b.                  The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

c.                   To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or

d.                  Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

2.                  Medical certification.

a.                   When required:

(1)               Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.

(2)               Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

b.                  Employee's medical certification responsibilities:

(1)               The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

(2)               The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.

(3)               If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.

c.                   Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.

            Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.

E.         Entitlement.

1.                  Employees are entitled to twelve weeks unpaid family and medical leave per year.

2.                  Year is defined as a school year

                                    measured forward from the first day leave is used, or

                                    measured backward from the date leave is used.

3.                  If insufficient leave is available, the school district may:

a.                   Deny the leave if entitlement is exhausted

b.                  Award leave available

F.                  Type of Leave Requested.

1.                  Continuous - employee will not report to work for set number of days or weeks.

2.                  Intermittent - employee requests family and medical leave for separate periods of time.

a.                   Intermittent leave is available for:

(1)               Birth, adoption or foster care placement of child only with the school district's agreement.

(2)               Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b.                  In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

c.                   During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

3.                  Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

a.                   Reduced work schedule family and medical leave is available for:

(1)               Birth, adoption or foster care placement and subject to the school district's agreement.

(2)               Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b.                  In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

c.                   During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

G.        Special Rules for Instructional Employees.

1.                  Definition - an  instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

2.                  Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

a.                   Take leave for the entire period or periods of the planned medical treatment; or

b.                  Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

3.                  Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.

a.                   If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

b.                  If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

c.                   If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

4.                  The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H.        Employee responsibilities while on family and medical leave.

1.                  Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

2.                  The employee contribution payments will be deducted from any money owed to the employee or the employee shall reimburse the school district at a time set by the superintendent.

3.                  An employee who fails to make the health care contribution payments within fifteen days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.

4.                  An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.

5.                  The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

6.                  If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

I. Use of paid leave for family and medical leave.

            An employee may substitute unpaid family and medical leave with paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

409.3R2

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Common law marriage-according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Continuing treatment by a health care provider-one or more of the following:

·         The employee or family member in question is treated two or more times for the injury or illness by a health care provider.  Normally this would require visits to the health care provider or to a nurse or physician's assistant under direct supervision of the health care provider.

·         The employee or family member is treated for the injury or illness two or more times by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or is treated for the injury or illness by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider--for example, a course of medication or therapy--to resolve the health condition.

·         The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured.  Examples include persons with Alzheimer's, persons who have suffered a severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment.

Eligible Employee-the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job-those functions which are fundamental to the performance of the job.  It does not include marginal functions.

Employment benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Family Member-individuals who meet the definition of son, daughter, spouse or parent.

Group health plan-any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health care provider-

·         A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

·         Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and

·         Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

·         Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

In loco parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of self-care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Intermittent leave-leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary-certification for medical necessity is the same as certification for serious health condition.

"Needed to Care For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or mental disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced leave schedule-a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:

·         Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;

·         Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or

·         Continuing treatment by (or under the supervision of) a health car provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; and for prenatal care.

·         Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) which are not medically necessary are not "serious health conditions," unless inpatient hospital care is required.  Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Treatments for allergies or stress, or for substance abuse, are serious health conditions if all the conditions of the regulation are met.  Prenatal care is included as a serious health condition.  Routine preventive physical examinations are excluded.

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse-a husband or wife recognized by Iowa law including common law marriages.

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

409.4

LICENSED EMPLOYEE BEREAVEMENT LEAVE

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees shall be followed.

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                      4/08/02

PERSONNEL

409.5

LICENSED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

NOTE:  Iowa law gives employees a right to political leave to run for public office.  This policy reflects the law.

Legal Reference:         Iowa Code ch. 55 (2001).

Cross Reference:         401.9  Employee Political Activity

                                    409    Licensed Employee Vacations and Leaves of Absence

Approved:       1/21/99

Revised:         

Reviewed:       1/18/2021

PERSONNEL

409.6

LICENSED EMPLOYEE JURY DUTY LEAVE

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Licensed employees will receive their regular salary.  Any payment for jury duty shall be paid to the school district, less any travel allowance.

NOTE:  This policy reflects the practice that the employee sign over checks received for jury duty to the school district. 

Legal Reference:         Iowa Code §§ 20.9; 607A (2001).

Cross Reference:         409  Licensed Employee Vacations and Leaves of Absence

Approved:       1/21/99

Revised:          4/08/02

Reviewed:       1/18/2021

PERSONNEL

409.7

LICENSED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes licensed employees may be called to participate in the armed forces, including the national guard.  If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

NOTE:  This policy reflects Iowa law.

Legal Reference:         Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

                                    Iowa Code §§ 20; 29A.28 (2001).

Cross Reference:         409  Licensed Employee Vacations and Leaves of Absence

Approved:       1/21/99

Reviewed:       1/18/2021

Revised:         

PERSONNEL

409.8

LICENSED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees shall make a written request for unpaid leave five (5) days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the unpaid leave of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2001).

Cross Reference:         409  Licensed Employee Vacations and Leaves of Absence

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

410.1

SUBSTITUTE TEACHERS

The board recognizes the need for substitute teachers.  Substitute teachers shall be licensed to teach in Iowa.

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees. 

Substitute teachers will be paid a per diem rate.  Substitutes employed for 6 (six) or more consecutive days in the same position shall be paid according to the current salary schedule BA Lane, Step 1.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

Legal Reference:         Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).

                                    Iowa Code §§ 20.1, .4(5), .9 (2001).

                                    281 I.A.C. 12.4.

Cross Reference:         405.1  Licensed Employee Defined

                                    405.2  Licensed Employee Qualifications, Recruitment,

                                              Selection

Approved:                   1/21/99

Reviewed:                1/18/2021

Revised:                      

PERSONNEL

410.2

SUMMER SCHOOL LICENSED EMPLOYEES

It shall be within the discretion of the board to offer an education program during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program shall be compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

Should the board determine a summer education program is necessary, licensed employees shall be given the opportunity to volunteer for the positions available.  If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position.  The board will consider applications from volunteers of current licensed employees in conjunction with other applications.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.

Legal Reference:         Iowa Code §§ 279.8; 280.14 (2001).

Cross Reference:         603.2  Summer School Instruction

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

410.3

TRUANCY OFFICER

The principal of each school building shall serve as the building's truancy officer.

The principal shall investigate the cause of a student's truancy and attempt to ensure the student's attendance. 

Legal Reference:         Iowa Code §§ 299.10-.11, .15 (2001).

Cross Reference:         501.10  Truancy - Unexcused Absences

Approved:                   1/21/99

Reviewed:                   1/18/2021

Revised:                     

PERSONNEL

410.4

EDUCATION ASSISTANT

The board may employ education assistants or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

·         managing and maintaining records, materials and equipment;

·         attending to the physical needs of children; and

·         performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

Education assistants who hold a teaching certificate shall be compensated at the rate of pay established for their position as an education assistant.  It shall be the responsibility of the principal to supervise education assistants.

Legal Reference:         Iowa Code §§ 279.8; 280.3, .14 (2001).

                                    281 I.A.C. 12.4(9); .5(9).

Cross Reference:         411.2  Classified Employee Qualifications, Recruitment,

                                             Selection

Approved:                   1/21/99

Reviewed:                  1/18/2021

Revised:                     

PERSONNEL

411.1

CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees shall include, but not be limited to, teacher and classroom assistants, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance.  The position may be full-time or part-time.

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code §§ 20; 279.8 (2001).

Cross Reference:         405.1  Licensed Employee Defined

                                    411.2  Classified Employee Qualifications, Recruitment,

                                              Selection

                                    412.3  Classified Employee Group Insurance Benefits

Approved:                   1/21/99

Reviewed:                 3/15/21

Revised:                     

PERSONNEL

411.2

CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position shall have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for classified employee positions shall be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state or other license or certificate if required for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additonal announcements of the position may occur through means the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who directly supervises and oversees the position.

The superintendent shall recommend employment of classified employees to the board for approval.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         29 U.S.C. §§ 621-634 (1988).

                                    42 U.S.C. §§ 2000e et seq. (1988)

                                    42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                    Iowa Code §§ 35C; 216; 279.8; 294.1 (2001).

Cross Reference:         401.1  Equal Employment Opportunity

                                    411    Classified Employees - General

Approved:                   1/21/99

Reviewed:                  3/15/21

Revised:                      

PERSONNEL

411.3

CLASSIFIED EMPLOYEE CONTRACTS

The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.

Each contract shall include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or for cause.

Classified employees shall receive a job description stating the specific performance responsibilities of their position.

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.  The contracts, after being signed by the board president, shall be filed with the board secretary.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

NOTE:  The board limits the use of classified employee contracts to bus drivers (which are required by law)

Legal Reference:         Iowa Code §§ 20; 279.7A; 285.5(9) (2001).

Cross Reference:         411    Classified Employees - General

                                    412.1  Classified Employee Compensation

                                    412.2  Classified Employee Wage and Overtime Compensation

                                    413    Classified Employee Termination of Employment

Approved:                   1/21/99

Reviewed:                 3/15/21

Revised:                      1/19/09

PERSONNEL

411.4

CLASSIFIED EMPLOYEE LICENSING - CERTIFICATION

Classified employees who require a special license or other certification shall keep them current at their own expense.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law and by the Iowa Department of Education for the position.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code §§ 272.6; 285.5(9) (2001).

                                    281 I.A.C. 12.4(10); 36; 43.12-.24.

Cross Reference:         411.2  Classified Employee Qualifications, Recruitment,

                                              Selection

Approved:                   1/21/99

Reviewed:                 3/15/21

Revised:                      

PERSONNEL

411.5

CLASSIFIED EMPLOYEE ASSIGNMENT

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

It shall be the responsibility of the superintendent to assign classified employees and report such assignments to the board.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code §§ 20; 279.8 (2001).

Cross Reference:         200.2  Powers of the Board of Directors

                                    411.6  Classified Employee Transfers

Approved:                   1/21/99

Reviewed:                   3/15/21

Revised:                     

PERSONNEL

411.6

CLASSIFIED EMPLOYEE TRANSFERS

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding employee transfers shall be followed.

Legal Reference:                     29 U.S.C. §§ 621-634 (1988).

                                                42 U.S.C. §§ 2000e et seq. (1988)

                                                42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                                Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2001).

Cross Reference:                     411.2  Classified Employee Qualifications, Recruitment,

                                                           Selection

                                                411.5  Classified Employee Assignment

Approved:       02/25/99

Reviewed:      3/15/21

Revised:         

PERSONNEL

411.7

CLASSIFIED EMPLOYEE EVALUATION

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding employee evaluation shall be followed.

Legal Reference:               Aplington Community School District v. PERB, 392 N.W.2d 49 (Iowa

                                          1986).

                                          Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

                                          Iowa Code §§ 20.9; 279.14 (2001).

                                          281 I.A.C. 12.3(4).

Cross Reference:                     411.2  Classified Employee Qualifications, Recruitment,

                                                           Selection

                                                411.8  Classified Employee Probationary Status

Approved:                   02/25/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

412.1

CLASSIFIED EMPLOYEE COMPENSATION

The board shall determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).

Cross Reference:         411.3  Classified Employee Contracts

                                    412.2  Classified Employee Wage and Overtime

                                                  Compensation

Approved:                   1/21/99

Reviewed:                3/15/21

Revised:                     

PERSONNEL

412.2

CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half times their regular hourly wage rate.  This compensation shall be in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the principal or superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

NOTE:  Federal law requires compensation at time and one-half the regular rate for work over 40 hours per week, whether in monetary form or compensatory time.

Legal Reference:         Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

                                    29 U.S.C. §§ 206 et seq. (1988).

                                    29 C.F.R. Pt. 511-800 (1993).

Cross Reference:         411.3  Classified Employee Contracts

                                    412.1  Classified Employee Compensation

Approved:                   1/21/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

412.3

CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

The requirements stated in the Master Contract between district and the WACO Education Support Association regarding the group insurance benefits of such employees shall be followed.

For purposes of insurance benefits, full time employment shall be defined as 30 hours or more per week.

Nothing in the policy restricts the board from exercising its rights of management as defined by law.

Legal Reference:         Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2001).

Cross Reference:         411.1  Classified Employee Defined

Approved:                   3/19/98

Reviewed:                   3/15/21

Revised:                     

PERSONNEL

412.4

CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from any company the employee chooses.

Classified employees wishing to have payroll deductions for tax sheltered annuities shall make a written request to the business manager.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the tax sheltered annuities of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.9; 260C; 273; 294.16 (2001).

                                    1988 Op. Att'y Gen. 38.

                                    1976 Op. Att'y Gen. 462, 602.

                                    1966 Op. Att'y Gen. 211, 220.

Cross Reference:         706  Payroll Procedures

Approved:                   6/3/1999

Reviewed:                   3/15/21

Revised:                     

PERSONNEL

413.1

CLASSIFIED EMPLOYEE RESIGNATION

Classified employees who wish to resign during the school year shall give the board notice of their intent to resign and final date of employment and cancel their contract thirty days prior to their last working day.

Notice of the intent to resign shall be in writing to the superintendent.

Legal Reference:         Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2001).

Cross Reference:         411.3  Classified Employee Contracts

                                    413    Classified Employee Termination of Employment

Approved:                   6/3/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

413.2

CLASSIFIED EMPLOYEE RETIREMENT

Classified employees who will complete their current contract with the board may apply for retirement.  No classified employee will be required to retire at any specific age.

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire.  The letter must state the employee's desire to retire.

Board action to approve a classified employee's application for retirement shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

Legal Reference:         29 U.S.C. §§ 621 et seq. (1988).

                                    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2001).

                                    581 I.A.C. 21.

                                    1978 Op. Att'y Gen. 247.

                                    1974 Op. Att'y Gen. 11, 322.

Cross Reference:         401.8  Recognition for Service of Employees

Approved:                   6/3/99

Reviewed:                   3/15/21

Revised:                     

PERSONNEL

413.3

CLASSIFIED EMPLOYEE SUSPENSION

Classified employees shall perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes.  It shall be within the discretion of the superintendent to suspend a classified employee with or without pay.

In the event of a suspension, due process will be followed.

Legal Reference:         Northeast Community Education Association v. Northeast Community

School District, 402 N.W.2d 765 (Iowa 1987).

                                    McFarland v. Board of Education, of Norwalk Community School

District, 277 N.W.2d 901 (Iowa 1979).

                                    Iowa Code §§ 20.7, .24 (2001).

Cross Reference:         404  Employee Conduct and Appearance

                                    413  Classified Employee Termination of Employment

Approved:                   6/3/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

413.4

CLASSIFIED EMPLOYEE DISMISSAL

The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon thirty days notice or immediately for cause.  Due process procedures shall be followed.

It shall be the responsibility of the superintendent to make a recommendation for dismissal to the board.  A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.7, .24 (2001).

Cross Reference:         404    Employee Conduct and Appearance

                                    413.3  Classified Employee Suspension

                                    413.5  Classified Employee Reduction in Force

Approved:                   6/3/99

Reviewed:                3/15/21

Revised:                     

PERSONNEL

413.5

CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force shall be given thirty days notice.  Due process will be followed for terminations due to a reduction in force.

It shall be the responsibility of the superintendent to make a recommendation for termination to the board. 

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.7, .24 (2001).

Cross Reference:         407.5  Licensed Employee Reduction in Force

                                    413.3  Classified Employee Suspension

                                    413.4  Classified Employee Dismissal

                                    703    Budget

Approved:                   6/3/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

414.1

CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding vacations, holidays, and personal leave shall be followed.

Legal Reference:         Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2001).

Cross Reference:         409.1  Licensed Employee Vacations - Holidays -

                                              Personal Leave

                                    601.1  School Calendar

Approved:       6/3/99

Reviewed:      3/15/21

Revised:         

PERSONNEL

414.2

CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding personal illness leave shall be followed.

If an employee is eligible to receive workers' compensation benefits, the employee shall contact the board secretary to implement these benefits.

Legal Reference:         Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    26 U.S.C. § 2601 et seq. (Supp. 1993)

                                    29 C.F.R. Pt. 825 (1993).

                                    Iowa  Code §§ 20; 85.33, .34, .38(3); 279.40 (2001).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

Cross Reference:         403.2  Employee Injury on the Job

                                    414.3  Classified Employee Family and Medical Leave

                                    414.8  Classified Employee Unpaid Leave

Approved:                   6/3/99

Reviewed:                   3/15/21

Revised:                     

PERSONNEL

414.3

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as the employee's contract year.  Requests for family and medical leave shall be made to the superintendent.

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding family and medical leave of such employees shall be followed.

Legal Reference:         Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    26 U.S.C. § 2601 et seq. (Supp. 1993)

                                    29 C.F.R. Pt. 825 (1993).

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

Cross Reference:         409.2  Licensed Employee Personal Illness Leave

                                    409.8  Licensed Employee Unpaid Leave

                                    409.3  Licensed Employee Family and Medical Leave

Approved:                   6/3/99

Reviewed:                 3/15/21

Revised:                     

PERSONNEL

414.3E1

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993

The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.  Employees are eligible of they have worked for a covered employer for at least one year and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

REASONS FOR TAKING LEAVE

Unpaid leave must be granted for any of the following reasons:

·         To care for the employee's child after birth, or placement for adoption or foster care.

·         To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or

·         For a serious health condition that makes the employee unable to perform the employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

ADVANCE NOTICE AND MEDICAL CERTIFICATION

The employee may be required to provide advance leave notice and medical certification.  Taking leave may be denied of requirements are not met.

·         The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."

·         An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.

JOB BENEFITS AND PROTECTION

·         For the duration of the FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”

·         Upon the return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

·         The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

UNLAWFUL ACTS BY EMPLOYERS

FMLA makes it unlawful for any employer to:

·         Interfere with, restrain, or deny the exercise of any right provided under FMLA:

·         Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

ENFORCEMENT

·         The U.S. Department of labor is authorized to investigate and resolve complaints of violations.

·         An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State of local law or collective bargaining agreement which provides greater family or medical leave rights.

FOR ADDITIONAL INFORMATION

Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor

PERSONNEL
414.3E2
CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM
 
 
Date:                                                            
 
I,                                                                   , request family and medical leave for the following reason:  (check all that apply)
 
                        for the birth of my child;
                        for the placement of a child for adoption or foster care;
                        to care for my child who has a serious health condition;
                        to care for my parent/stepparent who has a serious health condition;
                        to care for my spouse who has a serious health condition; or
                        because I am seriously ill and unable to perform the essential functions of my
position.
 
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
 
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
 
I request that my family and medical leave begin on                                                 and I request leave as follows: (check one)
 
            continuous
 
            I anticipate that I will be able to return to work on                                                     .
 
            intermittent leave for the:
 
                                    birth of my child or adoption or foster care placement subject to agreement
by the district
                                    serious health condition of myself, parent, or child when medically
 necessary
 
                        Details of the needed intermittent leave:
 
 
 
 
 
                                    I anticipate returning to work at my regular schedule on                             .
 
 
 
 
            reduced work schedule for the:
 
                                    birth of my child or adoption or foster care placement subject to agreement
by the school district
                                    serious health condition of myself, parent, or child when medically
necessary
 
                        Details of needed reduction in work schedule as follows:
 
 
 
 
 
                                    I anticipate returning to work at my regular schedule on                             .
 
 
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
 
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions shall be deducted from moneys owed me during the leave period.  If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
 
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
 
 
 
I acknowledge that the above information is true to the best of my knowledge.
 
Signed                                                               
 
Date                                                                  
 
 
 
 

PERSONNEL
414.3E3
CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
 

1.  Employee’s Name                                                                      2.  Patient’s Name (if other than employee)

3.  Diagnosis
 
 
 
 

4.  Date condition commenced                                                        5.  Probable duration of condition
 

6.  Regimen of treatment to be prescribed (indicate number of visits, general nature and duration of treatment, including referral to other provider of health services.  Include schedule of visits or treatment, if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee’s normal schedule of hours per day or days per week.)
 
a.  By Physician or Practitioner
 
 
 
 

b. By another provider of health services, if referred by Physician or Practitioner
 
 
 
 
 
 

If this certification relates to care for the employee’s seriously-ill family member, skip items 7, 8 and 9 and proceed to items 13 thru 20 on reverse side.  Otherwise, continue below.

 
Check Yes or No in the boxes below, as appropriate
 
7.  Is inpatient hospitalization of the employee required?     Yes     No
 
8.  Is employee able to perform work of any kind?  (if “No”, skip item 9)     Yes     No
 
9.  Is employee able to perform the functions of employee’s position?  (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discuss with employee)     Yes     No

 
10.  Signature of Physician or Practitioner                   11.  Date             12.  Type of Practice (Field of Specialization, if any)
 
 
 
 
CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
 

For certification relating to care for the employee’s seriously ill family member, complete items 13 thru 17 below as they apply to the family member and proceed to item 20.

13.  Is inpatient hospitalization of the family member (patient) required?            Yes     No
 
14.  Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation?
  Yes     No
 

15.  After review of the employee’s signed statement (See item 17 below), is the employee’s presence necessary or would it be beneficial for the care of the patient?  (This may include psychological comfort.)     Yes     No
 

16.     Estimate the period of time care is needed or the employee’s presence would be beneficial.
 
 
 
 
 
 
 
 

Item 17 is to be completed by the employee needing family leave
17.     When Family Leave is needed to care for a seriously ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule.
 
 
 
 
 
 
 
 
 
 

18.     Employee Signature                                                                                                           19.  Date
 

20.     Signature of Physician or Practitioner                               21. Date            22. Type of Practice (Field of Specialization, if any)
 

PERSONNEL
414.3E4
CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET
 
 
Complete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act.  Be sure to note the requirements relating to family and medical leave in the school district's policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district's obligations.  Also be sure to note the definitions in Exhibit 414.3R2.
 
Section I:  Eligible Employee.  (Please check all that apply.)
 
            Covered by a policy/collective bargaining agreement.  (If checked, please move to Section II.)
 
            The employee must meet all criteria below to move to Section II.
 
                        50 or more employees are on the payroll of or under contract to the school district.
 
                        Worked 52 weeks in the school district (consecutive or nonconsecutive). OR
                        Worked 12 months in the school district (consecutive or nonconsecutive).
 
                        Worked 1250 hours for the school district in 12 months prior to the request.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hours required.
 
Section II:  Family and Medical Leave Purpose.  (One must be checked to move to Section III.)
 
            Birth and care of newborn prior to first anniversary of child's birth.
 
            Care of adopted child or foster care child prior to first anniversary of placement.
 
            Care for serious health condition of spouse, child, child for which employee is "in loco parentis" and for a child who is over eighteen and has a disability which prevents the child from caring for himself or herself.
 
                        Requested medical certification for family and medical leave due to a
serious health condition of the spouse, parent or child on
                                (date).
 
                        Received medical certification within 15 days of the request on  
                                    (date).
 
 
            Serious health condition of the employee.
 
                        Requested medical certification for family and medical leave due to a
serious health condition of the employee on                          (date).
 
                        Received medical certification within 15 days of the request on
                                (date).
 
            Other purposes contained in a policy/collective bargaining agreement.
 
Section III:  Timing of Family and Medical Leave Request.
 
            Date of family and medical leave request                                (date).
 
            Date family and medical leave to begin                                  (date).
 
            Provide FMLA leave information to employee at time of request                       _ (date).
 
(If one is checked, please move to Section IV.)
 
            Leave request for foreseeable family and medical leave is 30 days prior to date family and medical leave begins.
 
            Leave request for foreseeable family and medical leave is in compliance with policy/collective bargaining agreement.
 
            Leave request for foreseeable family and medical leave was made as soon as practicable, and no later than one business day, prior to date family and medical leave begins.
 
            Leave request for unforeseeable family and medical leave was made in accordance with the policy/collective bargaining agreement timelines.
 
Section IV:  Calculation of Available Family and Medical Leave.
 
Beginning date for 12-month entitlement period:  (Check the method adopted by the school district.)
 
          July 1  (fiscal year)
          January 1  (calendar year)
          September 1  (school year)
          First day of forward 12-month entitlement period
          First day of rolling backward 12-month entitlement period
          Collective bargaining agreement year
          Other
 
 
Total family and medical leave for the 12-month entitlement period  12 weeks
Leave taken to date in the entitlement period                        -                             
Leave available for the entitlement period                                                
 
If sufficient family and medical leave is available and the employee qualifies for family and medical leave, the family and medical leave will be granted in accordance with the policy/collective bargaining agreement.
 
The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.
 
If both spouses are employed by the school district, they may only take a combined total of 12 weeks during the entitlement period for the birth, adoption or foster care placement prior to the first anniversary of the child's birth or placement and for the care of a parent with a serious health condition.
 
If insufficient family and medical leave is available, the school district may award only the family and medical leave available or award the family and medical leave in accordance with other provisions of the policy/collective bargaining agreement.
 
Section V:  Types of Family and Medical Leave.  (Please check all that apply.)
 
            Continuous leave for purposes listed in Section II.
 
            Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
 
            Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
 
            Intermittent leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
 
            Reduced work schedule leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
 
            Others contained in a policy/collective bargaining agreement.  (Please specify.)                                                                
 
 
 
 
 
 
Section VI:  Instructional Employee Intermittent or Reduced Schedule Leave.
 
            A policy/collective bargaining agreement extends this rule to non-instructional employees.
 
            A policy/collective bargaining agreement eliminates this rule for instructional employees.
 
            Instructional employees' intermittent or reduced schedule leave for greater than 20 percent of the work days in the family and medical leave period.
 
            Total number of days during leave period                              
                                                X     .20 
            20 percent of leave days                                           
            Days of leave requested                                            
 
If the number of days requested exceeds 20 percent of the family and medical leave days, the school district may require the instructional employee to take family and medical leave for the entire leave period OR transfer the instructional employee to an alternate position with equivalent pay and benefits.  The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.
 
Section VII:  Instructional Employees Family and Medical Leave Special Rules.
 
            Instructional employee.
 
            A policy/collective bargaining agreement extends one or all of these rules to
noninstructional employees.
 
            A policy/collective bargaining agreement eliminates one or all of these rules for
instructional employees.
 
            The school district can require the employee to remain on family and medical leave until
end of the semester if each of the following apply:
 
                        Leave begins prior to five weeks before end of semester;
                        Leave is for three weeks or more; and
                        Employee will return during last three weeks of semester.
 
            Last work day of the semester                                     
            Date of fifth week before end of the semester                                   
            Date of third week before end of the semester                                   
 
            Date of requested leave                                
            Length of requested leave                            
            Date of return from leave                             
 
            The school district can require employee to remain on family and medical leave for leave other than an employee's serious health condition until end of semester if each of the following apply:
 
                        Leave begins during last five weeks before end of semester;
                        Leave is greater than two weeks; and
                        Employee will return during last two weeks of semester.
 
            Last work day of the semester                                   
            Date of fifth week before end of the semester                                  
            Date of second week before end of the semester                              
 
            Date of requested leave                               
            Length of requested leave                           
            Date of return from leave                            
 
            The school district can require the employee to remain on family and medical leave for purpose other than an employee's serious health condition until the end of the semester if each of the following apply:
 
                        Leave begins during last three weeks before end of the semester; and
                        Leave is greater than five working days.
 
            Last work day of the semester                                     
            Date of third week before end of the semester                                
 
            Date of requested leave                                 
            Length of requested leave                             
 
The employee must be informed that the actual family and medical leave taken under these rules will be credited to the employee's 12-week entitlement.
 
Section VIII:  Paid or Unpaid Family and Medical Leave.
 
            Provide employee notice whether the family and medical leave is paid or unpaid leave after completing the work sheet in accordance with the policy/collective bargaining agreement.
 
            Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.
 
            Family and medical leave is unpaid leave.
 
 
 
 
 
Section IX:  Employee Progress Report.
 
            Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).
 
 
 
 
 
            Requested medical recertification for family and medical leave due to a serious health condition of the spouse, parent or child on                              (date).
 
            Received medical recertification within 15 days of the request on                             (date).
 
Section X:  Employee Benefits During Family and Medical Leave.
 
The employee's health insurance coverage must be continued during the period of family and medical leave.  The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee's return to work.  The employee will pay the employee's share of health insurance and other benefits during the leave period.
 
            Arrangements have been made with the employee to continue the employee's share of health insurance premiums while on family and medical leave:
 
                        From monies due to the employee
                        By the first of each month from the employee
                        Other (please specify)                                            
 
            Arrangements have been made with the employee to continue the employee's share of the employee's other benefits while on family and medical leave:
 
                        From monies due to the employee
                        By the first of each month from the employee
                        Other (please specify)                                            
 
            The employee has chosen to discontinue all employee benefits while on family and medical leave.
 
            Employees who fail to provide payment of the employee's share of benefits premium during the period of family and medical leave have 15 days following notice to pay the employee's share.
 
            Employees who fail to pay within 15 days after receiving notice of payment due may have employee benefits discontinued.
 
            The school district will deduct unpaid employee portion of benefits from monies due to the employee upon return to work, and the employee has signed a written statement authorizing the deduction.
 
            The school district will seek recovery of unpaid employee portion of benefits through small claims court or other appropriate recovery process.
 
Even if the employee chooses to discontinue employee benefits during the period of family and medical leave, the school district should exercise great care before discontinuing employee benefits.  The school district is required to restore the employee to full benefits when the employee returns to work, including group health insurance, without any qualifying period, physical examination, exclusion of pre-existing conditions and other similar requirements.
 
            The school district may discontinue the employee's benefits upon receipt of written notice of the employee's intent not to return to work.
 
 
Section XI:  Employee's Return to Work.
 
            Employee is fully restored the same or an equivalent position with:
 
                            Pay and benefits
                            Health insurance
                            Life insurance
                            Other benefits or requirements in a policy/collective bargaining
                                    agreement
 

PERSONNEL

414.3R1

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.        School district notice.

1.                  The school district will post the notice in 409.3E1 regarding family and medical leave.

2.                  Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. 

3.                  When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

a.                   a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;

b.                  a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;

c.                   an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

d.                  a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

B.                 Eligible employees.

            Employees are eligible for family and medical leave if three criteria are met.

1.                  The school district has more than 50 employees on the payroll at the time leave is requested;

2.                  The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and

3.                  The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

            If the employee requesting leave is unable to meet the above criteria, then the employee is not eligible for family and medical leave.

C.        Employee requesting leave -- two types of leave.

1.                  Foreseeable family and medical leave.

a.                   Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

b.                  Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.

c.                   Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.

2.                  Unforeseeable family and medical leave.

a.                   Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

b.                  Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

c.                   A spouse or family member may give the notice if the employee is unable to personally give notice.

D.        Eligible family and medical leave determination.

1.                  Four purposes.

a.                   The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

b.                  The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

c.                   To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or

d.                  Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

2.                  Medical certification.

a.                   When required:

(1)               Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.

(2)               Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

b.                  Employee's medical certification responsibilities:

(1)               The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

(2)               The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.

(3)               If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.

c.                   Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.

            Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.

E.         Entitlement.

1.                  Employees are entitled to twelve weeks unpaid family and medical leave per year.

2.                  Year is defined as the employee's contract year

                                    measured forward from the first day leave is used, or

                                    measured backward from the date leave is used.

3.                  If insufficient leave is available, the school district may:

a.                   Deny the leave if entitlement is exhausted

b.                  Award leave available

F.                  Type of Leave Requested.

1.                  Continuous - employee will not report to work for set number of days or weeks.

2.                  Intermittent - employee requests family and medical leave for separate periods of time.

a.                   Intermittent leave is available for:

(1)               Birth, adoption or foster care placement of child only with the school district's agreement.

(2)               Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b.                  In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

c.                   During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

3.                  Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

a.                   Reduced work schedule family and medical leave is available for:

(1)               Birth, adoption or foster care placement and subject to the school district's agreement.

(2)               Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b.                  In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

c.                   During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

G.        Special Rules for Instructional Employees.

1.                  Definition - an  instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

2.                  Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

a.                   Take leave for the entire period or periods of the planned medical treatment; or

b.                  Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

3.                  Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.

a.                   If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

b.                  If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

c.                   If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

4.                  The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H.        Employee responsibilities while on family and medical leave.

1.                  Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

2.                  The employee contribution payments will be deducted from any money owed to the employee or the employee shall reimburse the school district at a time set by the superintendent.

3.                  An employee who fails to make the health care contribution payments within fifteen days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.

4.                  An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.

5.                  The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

6.                  If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

I.          Use of paid leave for family and medical leave.

            An employee may substitute unpaid family and medical leave with paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.

Approved:                   6/3/99

Reviewed:                 3/15/21

Revised:                     

PERSONNEL

414.3R2

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Common law marriage-according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Continuing treatment by a health care provider-one or more of the following:

·         The employee or family member in question is treated two or more times for the injury or illness by a health care provider.  Normally this would require visits to the health care provider or to a nurse or physician's assistant under direct supervision of the health care provider.

·         The employee or family member is treated for the injury or illness two or more times by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or is treated for the injury or illness by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider--for example, a course of medication or therapy--to resolve the health condition.

·         The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured.  Examples include persons with Alzheimer's, persons who have suffered a severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment.

Eligible Employee-the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job-those functions which are fundamental to the performance of the job.  It does not include marginal functions.

Employment benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Family Member-individuals who meet the definition of son, daughter, spouse or parent.

Group health plan-any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health care provider-

·         A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

·         Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and

·         Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

·         Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

In loco parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of self-care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Intermittent leave-leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary-certification for medical necessity is the same as certification for serious health condition.

"Needed to Care For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or mental disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced leave schedule-a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:

·         Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;

·         Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or

·         Continuing treatment by (or under the supervision of) a health car provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; and for prenatal care.

·         Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) which are not medically necessary are not "serious health conditions," unless inpatient hospital care is required.  Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Treatments for allergies or stress, or for substance abuse, are serious health conditions if all the conditions of the regulation are met.  Prenatal care is included as a serious health condition.  Routine preventive physical examinations are excluded.

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse-a husband or wife recognized by Iowa law including common law marriages.

Approved:                   6/3/99

Reviewed:                3/15/21

Revised:                     

PERSONNEL

414.4

CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees shall be followed.

Legal Reference:         Iowa Code §§ 20.9; 279.8 (2001).

Cross Reference:         414    Classified Employee Vacations and Leaves of Absence

Approved:                   6/3/99

Reviewed:                3/15/21

Revised:                     

PERSONNEL

414.5

CLASSIFIED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to classified employees to run for elective public office.  The superintendent shall grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

NOTE:  Iowa law gives employees a right to political leave to run for public office.  This policy reflects the law.

Legal Reference:         Iowa Code ch. 55 (2001).

Cross Reference:         401.9  Employee Political Activity

                                    414    Classified Employee Vacations and Leaves of Absence

Approved:                   6/3/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

414.6

CLASSIFIED EMPLOYEE JURY DUTY LEAVE

The board will allow classified employees to be excused for jury duty.  The superintendent may request of the court that the employee be excused from jury duty on the basis of extraordinary circumstances.

Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Classified employees will receive their regular salary.  Any payment for jury duty shall be turned over to the school district, less any travel allowance.

NOTE:  This policy reflects the practice that the employee sign over checks received for jury duty to the school district. 

Legal Reference:         Iowa Code §§ 20.9; 607A (2001).

Cross Reference:         414    Classified Employee Vacations and Leaves of Absence

Approved:                   6/3/99

Reviewed:                  3/15/21

Revised:                     

PERSONNEL

414.7

CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes classified employees may be called to participate in the armed forces, including the national guard.  If a classified employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

NOTE:  This policy reflects Iowa law.

Legal Reference:         Bewley v. Villisca Community School District, 299 N.W. 2d 904

(Iowa 1980).

                                    Iowa Code §§ 20; 29A.28 (2001).

Cross Reference:         414     Classified Employee Vacations and Leaves of Absence

Approved:                   6/3/99

Reviewed:                   3/15/21

Revised:                     

PERSONNEL

414.8

CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent.  Whenever possible, classified employees shall make a written request for unpaid leave ten work days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

The superintendent shall have discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors relevant in making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

Legal Reference:         Iowa Code §§ 20.9; 279.8 (2001).

Approved:       2/15/96

Reviewed:      3/15/21

Revised:          6/3/99

PERSONNEL

414.9

CLASSIFIED EMPLOYEE PROFESSIONAL LEAVE

Professional leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be approved by the immediate supervisor and the superintendent.

It shall be within the discretion of the superintendent to grant professional leave.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding such employees shall be followed.

Legal Reference:         Iowa Code § 279.8 (2001).

Cross Reference:         408.1  Licensed Employee Professional Development

                                    411    Classified Employees - General

Approved:                   6/3/99

Reviewed:                 3/15/21

Revised:                     

PERSONNEL
480.1E1
SECRETARY JOB DESCRIPTION
ELEMENTARY BUILDING ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Effective office organization and administration skills

C.                 Knowledge of state and federal laws and regulations governing public schools appropriate for this position.

D.                Knowledge of school accounting procedures and business management appropriate for this position.

E.                 Knowledge and skill with office machines and computer software.

F.                  Ability to work effectively with groups to accomplish district goals.

II.                REPORTS TO:

A.                Building Principal.

III.             JOB GOAL:
To assure the smooth and efficient operation of the school office so that the office’s maximum positive impact on the education of children can be realized.

IV.             PERFORMANCE RESPONSIBILITIES

A.                Administrative/Secretarial Functions

1.                  Greets all visitors courteously, determines their needs, and assists them appropriately.

2.                  Receives and routes phone calls – keeps log as directed by the principal.

3.                  Sorts and classifies daily mail.

4.                  Operates word processors, computers, calculators, copiers, facsimile machines and hot lunch account machines as needed.

5.                  Maintains student records using computer and traditional cum files.

6.                  Schedules substitute teachers.

7.                  Maintains teacher attendance log and related records for substitute teachers.

8.                  Composes and prepares correspondence.

9.                  Maintains MSDS records for easy access by staff.

10.              Inventories and orders supplies as needed.

11.              Assists staff with leave forms.

12.              Keeps log of approved leave forms.

13.              Maintains petty cash fund for postage expense.

14.              Administers medication to students under the supervision of the school nurse.

15.              Communicates with bus drivers as needed using school radio system.

16.              Performs other duties as may be assigned.

B.                 Activity Account Functions

1.                  Receipts money to appropriate accounts and sends to superintendent’s secretary.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies and individual contract.

VI.             EVALUATION:

A.                Evaluation by the building principal in accordance with the master contract.
 

PERSONNEL
480.1E2
SECRETARY JOB DESCRIPTION
SECONDARY BUILDING ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Effective office organization and administration skills

C.                 Knowledge of state and federal laws and regulations governing public schools appropriate for this position.

D.                Knowledge of school accounting procedures and business management appropriate for this position.

E.                 Knowledge and skill with office machines and computer software.

F.                  Ability to work effectively with groups to accomplish district goals.

II.                REPORTS TO:

A.                Building Principal.

III.             JOB GOAL:
To assure the smooth and efficient operation of the school office so that the office’s maximum positive impact on the education of children can be realized.

IV.             PERFORMANCE RESPONSIBILITIES

A.                Administrative/Secretarial Functions

1.                  Greets all visitors courteously, determines their needs, and assists them appropriately.

2.                  Receives and routes phone calls – keeps log as directed by the principal.

3.                  Sorts and classifies daily mail.

4.                  Operates word processors, computers, calculators, copiers, facsimile machines and hot lunch account machines as needed.

5.                  Maintains student records using computer and traditional cum files.

6.                  Schedules substitute teachers.

7.                  Maintains teacher attendance log and related records for substitute teachers.

8.                  Composes and prepares correspondence.

9.                  Maintains MSDS records for easy access by staff.

10.              Inventories and orders supplies as needed.

11.              Assists staff with leave forms.

12.              Keeps log of approved leave forms.

13.              Administers medication to students under the supervision of the school nurse.

14.              Prepares and distributes daily bulletin.

15.              Communicates with bus drivers as needed using school radio system.

16.              Schedules staffings for special education students and maintains appropriate documents.

17.              Performs other duties as may be assigned.

B.                 Activity Account Functions

1.                  Receipts money to appropriate accounts and sends to superintendent’s secretary.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies and individual contract.

VI.             EVALUATION:

A.                Evaluation by the building principal in accordance with the master contract.
 

PERSONNEL

480.1E3 - SECONDARY SECRETARY AND FOOD SERVICE ASSISTANT JOB DESCRIPTION

I.  QUALIFICATIONS:

   A.  Effective oral and written skills.

   B.  Effective office organization and administration skills

   C.  Knowledge of state and federal laws and regulations governing public schools appropriate for this position.

   D.  Knowledge of school accounting procedures and business management appropriate for this position.

   E.  Knowledge and skill with office machines and computer software.

   F.  Ability to work effectively with groups to accomplish district goals.

II.  REPORTS TO:

   A.  Building Principal.

III.  JOB GOAL:

To assure the smooth and efficient operation of the school office so that the office’s maximum positive impact on the education of children can be realized.

IV.  PERFORMANCE RESPONSIBILITIES

   A.  Administrative/Secretarial Functions to Assist the Secondary Building Secretary and Business Manager/Board Secretary

     1.  Greets all visitors courteously, determines their needs, and assists them appropriately.

     2.  Receives and routes phone calls – keeps log as directed by the principal.

     3.  Sorts and classifies daily mail.

     4.  Operates word processors, computers, calculators, copiers, facsimile machines and hot lunch account machines as needed.

     5.  Maintains student records using traditional cum files.

     6.  Maintains teacher attendance log and related records for substitute teachers.

     7.  Composes and prepares correspondence.

     8.  Maintains MSDS records for easy access by staff.

     9.  Assists staff with leave forms.

     10.  Keeps log of approved leave forms.

     11.  Administers medication to students under the supervision of the school nurse.

     12.  Prepares and distributes daily bulletin.

     13.  Communicates with bus drivers as needed using school radio system.

     14.  Performs other duties as may be assigned.

   B.  Food Service Functions

     1.  Receipt funds into the lunch program and credit each user’s account.

     2.  Prepare deposits into the food service fund.

     3.  Accurately record each user’s purchases in the food service accounting system.

     4.  Prepare daily reports of food service purchases.

     5.  Prepare weekly and monthly reports of student purchases.

     6.  Perform other duties as assigned.

   C.  Activity Account Functions

     1.  Receipts money to appropriate accounts and sends to superintendent’s secretary.

   D.  Business Manager/Board Secretary Functions

     1.  Maintains log of preschool tuition payments and sends payment reminders as needed.

     2.  Assists with preparing leave forms and time cards for payroll.

     3.  Stuffs checks for payroll and monthly bills.

     4.  Performs other duties as assigned

V.  TERMS OF EMPLOYMENT:

   A.  As per Board policies and individual contract.

VI.  EVALUATION:

   A.  Evaluation by the building principal in accordance with the master contract.

PERSONNEL
480.2 E1
TEACHER ASSOCIATE
ELEMENTARY GENERAL EDUCATION ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to maintain strict confidentiality about student and school information.

E.                 Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Building Principal.

B.                 Teacher(s)

III.             JOB GOAL:
Work closely with teachers and students on a regular basis to provide students the instructional and behavioral support they need to gain full benefit from the elementary education program.
 

IV.             PERFORMANCE RESPONSIBILITIES

A.                Teacher Associate Responsibilities

1.                  Assist the student(s) in such physical tasks as putting on and taking off outerwear, moving from room to room, and using the lavatory.

2.                  Assists the student(s) in recitation, reading, and other instructional tasks, guiding and helping them but not teaching them.

3.                  Under the supervision of the teacher, works with individual or small groups of students to reinforce skills and concepts initially introduced by the teacher.

4.                  Perform simple tasks for student(s) such as sharpening pencils, carrying lunch trays, etc.

5.                  Assist with administration of medicines under supervision of nurse, following appropriate training.

6.                  Maintains records and performs clerical work.

7.                  Accompanies to and supervises student(s) during regular education classes, lunch, recess, arrival or dismissal, or other places as needed.

8.                  Supervises students at playtime and maintains a safe and harmonious atmosphere on the playground.

9.                  Establishes as fully as possible a supportive and sympathetic relationship with the student(s) without fostering or encouraging intense emotional attachment.

10.              When assigned to the office, answers office telephone and responds appropriately to requests.

11.              Operates word processors, computers, calculators, copiers, facsimile machines and hot lunch account machines as needed.

12.              Helps maintain student records using computer and traditional cum files.

13.              Serves as a resource person, if and when requested, to the student(s) or teacher.

14.              Performs other duties as may be assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies and individual contract.

VI.             EVALUATION:

A.                Evaluation by the building principal in accordance with the master contract.
 

PERSONNEL
480.2 E2
TEACHER ASSOCIATE
SPECIAL EDUCATION ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to maintain strict confidentiality about student and school information.

E.                 Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Building Principal.

B.                 Teacher(s)

III.             JOB GOAL:
Work closely with teachers and students on a regular basis to provide students the instructional and behavioral support they need to gain full benefit from the elementary education program.

IV.             PERFORMANCE RESPONSIBILITIES

A.                Teacher Associate Responsibilities

1.                  Assist the student(s) in such physical tasks as putting on and taking off outerwear, moving from room to room, and using the lavatory.

2.                  Assists the student(s) in recitation, reading, and other instructional tasks, guiding and helping them but not teaching them.

3.                  Under the supervision of the teacher, works with individual or small groups of students to reinforce skills and concepts initially introduced by the teacher.

4.                  Perform simple tasks for student(s) such as sharpening pencils, carrying lunch trays, etc.

5.                  Assist with administration of medicines under supervision of nurse, following appropriate training.

6.                  Maintains records and performs clerical work.

7.                  Accompanies to and supervises student(s) during regular education classes, lunch, recess, arrival or dismissal, or other places as needed.

8.                  Supervises students at playtime and maintains a safe and harmonious atmosphere on the playground.

9.                  Establishes as fully as possible a supportive and sympathetic relationship with the student(s) without fostering or encouraging intense emotional attachment.

10.              When assigned to the office, answers office telephone and responds appropriately to requests.

11.              Operates word processors, computers, calculators, copiers, facsimile machines and hot lunch account machines as needed.

12.              Helps maintain student records using computer and traditional cum files.

13.              Serves as a resource person, if and when requested, to the student(s) or teacher.

14.              Performs other duties as may be assigned.

15.              Assist with diapering, if necessary.

16.              Assist with administration of medicines under supervision of nurse, following appropriate training.

17.              Maintains records and performs clerical work.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies and individual contract.

VI.             EVALUATION:

A.                Evaluation by the building principal in accordance with the master contract.
 

PERSONNEL
480.2 E3
TEACHER ASSISTANT
ELEMENTARY BEHAVIORAL ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to maintain strict confidentiality about student and school information.

E.                 Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Elementary principal

B.                 Teacher(s)

III.             JOB GOAL:

A.                Work closely with teachers, students and families on a regular basis to provide students the instructional and behavioral support they need to gain full benefit from the elementary education program.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Assist with investigation and resolution of bus behavior problems and incidents.

B.                 Assists with the investigation and resolution of student classroom and playground behavior problems and incidents.

C.                 Assists teachers in teaching students appropriate social skills.

D.                Monitors the time-out room.

E.                 Serves as a member of the A-Team.

F.                  Works closely with teachers, students, and parents to design and implement behavior improvement plans.

G.                Leads student groups such as Friendly Helpers and Peer Mediators.

H.                Maintains records and performs clerical work.

I.                   Establishes as fully as possible a supportive and sympathetic relationship with the student(s) without fostering or encouraging intense emotional attachment.

J.                   Operates word processors, computers, calculators, copiers, and facsimile machines as needed.

K.                Performs other duties as may be assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL
480.2 E4
TEACHER ASSISTANT
ELEMENTARY LIBRARY MEDIA CENTER ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to maintain strict confidentiality about student and school information.

E.                 Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Librarian/Media Specialist

B.                 Building principal

III.             JOB GOAL:

A.                To assist teachers and students in the effective use of the media center as a learning resource.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Assists individual students and teachers in locating reference materials and other instructional materials.

B.                 Assists students in making proper use of media center equipment (including computers) and materials.

C.                 Operates the circulation desk and keeps complete circulation records.

D.                Assists in keeping media center materials and equipment in working order.

E.                 Assists with the annual inventory of media center equipment, books, supplies, and materials.

F.                  Assists in preparing and maintaining special educational displays that reinforce important parts of the curriculum.

G.                Reads to small groups of students and listens to individual students read as directed.

H.                Under the direction of the media specialist, works with individual or small groups of students to reinforce skills and concepts initially introduced by the media specialist.

I.                   Maintains media center records and performs clerical work.

J.                   Prepares new books for check-out.

K.                Supervise children at noon recess on a regular basis.

L.                 Accompanies to and supervises student(s) during regular education classes, lunch, recess, arrival or dismissal, or other places if assigned by the principal.

M.               Establishes as fully as possible a supportive and sympathetic relationship with the student(s) without fostering or encouraging intense emotional attachment.

N.                Operates computers, and other office machines located in the media center.

O.                Serves as a resource person, if and when requested, to the student(s) or teacher.

P.                  Performs other duties as may be assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL
480.2E5
TEACHER ASSISTANT
SECONDARY LIBRARY MEDIA CENTER ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to maintain strict confidentiality about student and school information.

E.                 Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Librarian/Media Specialist

B.                 Building principal

III.             JOB GOAL:

A.                To assist teachers and students in the effective use of the media center as a learning resource.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Assists individual students and teachers in locating reference materials and other instructional materials.

B.                 Assists students in making proper use of media center equipment (including computers) and materials.

C.                 Operates the circulation desk and keeps complete circulation records.

D.                Assists in keeping media center materials and equipment in working order.

E.                 Assigns equipment to classrooms as requested.

F.                  Posts schedules of the use of the media center and its materials and equipment in daily bulletin.

G.                Coordinates video and other materials distribution and collection within the school and between the school and the AEA.

H.                Assists with the annual inventory of media center equipment, books, supplies, and materials.

I.                   Assists in preparing and maintaining special educational displays that reinforce important parts of the curriculum.

J.                   Instructs and assists teachers and students in the proper use and operation of equipment.

K.                Sets up and arranges for operation of audiovisual equipment for special programs and meetings.

L.                 Assumes responsibility for cataloging and filing learning materials.

M.               Maintains media center records and performs clerical work.

N.                Performs office duties during secretary’s noon hour.

O.                Supervises student(s) during in the library or other places as needed.

P.                  Establishes as fully as possible a supportive and sympathetic relationship with the student(s) without fostering or encouraging intense emotional attachment.

Q.                Operates word processors, computers, calculators, copiers, and other office equipment in the media center.

R.                 Serves as a resource person, if and when requested, to the student(s) or teacher.

S.                  Performs other duties as may be assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL
480.2 E6
TEACHER ASSISTANT
ELEMENTARY AFTER SCHOOL PROGRAM ASSIGNMENT

I.                   QUALIFICATIONS:

1.                  Effective oral and written skills.

2.                  Ability to work effectively with groups to accomplish district goals.

3.                  Ability to follow directions accurately.

4.                  Ability to use technology to perform job assignments.

5.                  Ability to plan, organize, and supervise student activities.

II.                REPORTS TO:

A.                Building principal.

III.             JOB GOAL:

A.                To provide safe, enriching, and enjoyable activities for children after the normal school day.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Plan age appropriate activities for children, including snacks.

B.                 Supervise children to ensure safety and appropriate behavior.

C.                 Initiate and enforce consistent behavior expectations for children.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL

480.2E7

PARAEDUCATOR

I.                   QUALIFICATIONS:

A.                Must possess a minimum of a high school diploma or a graduate equivalent diploma.

B.                 Must possess a Paraeducator Certificate issued upon application filed on a form provided by the Board of Educational Examiners.  The Paraeducator Certificate shall be valid for five years.

C.                 Shall have successfully completed at least 90 clock hours of training in the areas of behavior management, exceptional child and at-risk child behavior, collaboration skills, interpersonal relations skills, child and youth development, technology, and ethical responsibilities and behavior.

D.                Applicants shall be disqualified for any of the following reasons:

1.                  Is less than 18 years of age.

2.                  Has been convicted of child abuse or sexual abuse of a child.

3.                  Has been convicted of a felony.

4.                  Application is fraudulent

5.                  Certification from another state is suspended or revoked.

6.         Fails to meet board standards for application for an initial or renewed certificate.

II.                REPORTS TO:

A.                Supervising Teacher.

B.                 Building Administrator

III.             JOB GOAL:

Work closely with teachers and students on a regular basis to provide students the instructional and behavioral support they need to gain full benefit from the educational program.

IV.             PERFORMANCE RESPONSIBILITIES

A.                Support a safe, positive teaching and learning environment including the following competencies:

1.                  Follow prescribed health, safety, and emergency school classroom policy and procedures.

2.                  Use strategies and techniques for facilitating the integration of individuals with diverse learning needs in various settings.

3.                  Assist in preparation, organization, and adapting instructional strategies and materials according to the needs of the learner in content areas including, but not limited to, reading, writing and mathematics and demonstrate knowledge in those content areas.

4.                  Assist in gathering and recording data about the performance and behavior of individuals.

B.                 Assist in the development of physical and intellectual development including the following competencies:

1.                  Assist with the activities and opportunities that encourage curiosity, exploration, and problem solving that are appropriate to the development levels and needs of all children.

2.                  Provide opportunities and support for children to understand, acquire, and use verbal; and nonverbal means of communicating thoughts and feelings.

3.                  Support high expectations that are shared, clearly defined and appropriate and use strategies that promote the learner’s independence.

4.                  Make and document observations appropriate to the individual with learning needs.

5.                  Assist in monitoring progress and providing feedback to the appropriate person.

C.                 Support social, emotional, and behavioral development including the following competencies:

1.                  Provide a supportive environment in which all children, including children with disabilities and children at risk of school failure, can begin to learn and practice appropriate and acceptable behaviors as individuals and groups.

2.                  Assist in developing and teaching specific behaviors and procedures that facilitate safety and learning in each unique school setting.

3.                  Assist in the implementation of individualized behavior management plans, including behavior intervention plans for students with disabilities.

4.                  Use appropriate strategies and techniques in a variety of setting to assist in the development of social skills.

5.                  Use only those behavior intervention strategies consistent with district policy.

D.                Establish positive and productive relations including the following competencies:

1.                  Demonstrate a commitment to a team approach to interventions.

2.                  Maintain an open, friendly, and cooperative relationship with each child’s family, sharing information in a positive manner.

3.                  Communicate with colleagues, follow instructions and use problem-solving skills that will facilitate working as an effective member of the school team.

E.                 Integrate effectively the technology to support student learning including the following competencies:

1.                  Support and strengthen technology planning and integration.

2.                  Operate computers and use technology effectively.

F.                  Practice ethical and professional standards of conduct on an ongoing basis including the following competencies:

1.                  Demonstrate a commitment to share information in a confidential manner, i.e. only with other school staff directly involved in student’s program, or with parents and nonschool staff as a directed by supervising teacher.

2.                  Demonstrate a willingness to participate in ongoing staff development and self-evaluation and apply constructive feedback.

3.                  Abide by the criteria of professional practice and rules of the board of educational examiners.

(Adapted from Iowa State Board of Education “Para educator Rules”)

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies and individual contract.

VI.             EVALUATION:

A.                Evaluation by the building principal in accordance with the master contract.

Approved:                  

Reviewed:                  3/15/21

Revised:                     

PERSONNEL
480.3 E1
HEAD COOK JOB DESCRIPTION

I.                   QUALIFICATIONS:

A.                General.

1.                  Effective oral and written skills.

2.                  Ability to work effectively with groups to accomplish district goals.

3.                  Computer skills sufficient to operate lunch management software.

B.                 Food Preparation

1.                  Prior experience working in institutional food service.

2.                  Prior experience planning and preparing institutional meals.
 

II.                REPORTS TO:

A.                Building Principal

B.                 Works cooperatively with superintendent, cooks, teachers, students, booster groups, and community groups.

III.             SUPERVISES:

A.                Assistant cooks

B.                 Substitute cooks

C.                 Student trainees (if any are assigned)

IV.             JOB GOAL:
To provide students, staff, and visitors nutritious food in an atmosphere of cleanliness, cheerfulness, and personal caring.

V.                PERFORMANCE RESPONSIBILITIES:

A.                Food Preparation and Serving

1.                  Supervises the preparation and serving of meals.

2.                  Ensures that food is served in an efficient and effective manner.

3.                  Ensures that daily menus meet federal and state requirements.

4.                  Ensures that portion sizes served are appropriate for federal and state guidelines.

5.                  Supervises the planning and preparation of any special meals for district-sponsored events as requested by the principal or superintendent.

6.                  Ensures that standards of cleanliness, health, and safety are maintained.

7.                  Assists principals and teachers in the instructional aspects of the nutrition program.

8.                  Ensures that food is prepared in accordance with established recipes and appropriate methods.

9.                  Receives suggestions from student groups regarding food preferences.

B.                 Kitchen Management

1.                  Plans monthly menus.

2.                  Maintains an inventory of all foods, supplies, and equipment.

3.                  Purchases food and supplies.

4.                  Verifies food deliveries against orders and invoices.

5.                  Inventories, orders, and uses government surplus foods.

6.                  Informs students, staff, and public of menus on a monthly basis.

7.                  Informs students and staff of menu changes on a weekly basis.

8.                  Assists business manager in preparing and monitoring the food service budget.

9.                  Completes nutritional reports as required by the district and state.

10.              Ensures the daily clean up of the kitchen and serving areas.

11.              Ensures cleaning of refrigerators and storerooms.

12.              Ensures the proper storage and security of food and supplies.

13.              Assigns and supervises work of kitchen personnel

14.              Secures substitute cooks as needed.

VI.             TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VII.          EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.
 

PERSONNEL
480.3 E2
COOK JOB DESCRIPTION
ELEMENTARY ASSIGNMENT

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Head Cook

B.                 Building Principal

III.             JOB GOAL:
To provide students, staff, and visitors nutritious food in an atmosphere of cleanliness, cheerfulness, and personal caring.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Assists in the preparation and serving of food in an efficient and effective manner.

B.                 Follows recipes accurately when preparing food.

C.                 Assists in the daily clean up of the kitchen and serving areas.

D.                Assists with cleaning of refrigerators and storerooms.

E.                 Assists in storage of food and supplies.

F.                  Assists in towel service duties.

G.                Ensures that food is served in an efficient and effective manner.

H.                As directed by the head cook, ensures that portion sizes served are appropriate for federal and state guidelines.

I.                   Assists in the preparation of any special meals for district-sponsored events as requested by the principal or superintendent.

J.                   Ensures that standards of cleanliness, health, and safety are maintained.

K.                Assists with the inventory of all foods, supplies, and equipment.

L.                 Performs other duties as may be assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL
480.3 E3
COOK JOB DESCRIPTION
SECONDARY ASSIGNMENT
 

I.                   QUALIFICATIONS:

A.                Effective oral and written skills.

B.                 Ability to work effectively with groups to accomplish district goals.

C.                 Ability to follow directions accurately.

D.                Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Head Cook

B.                 Building Principal

III.             JOB GOAL:
To provide students, staff, and visitors nutritious food in an atmosphere of cleanliness, cheerfulness, and personal caring.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Assists in the preparation and serving of food in an efficient and effective manner.

B.                 Follows recipes accurately when preparing food.

C.                 Assists in the daily clean up of the kitchen and serving areas.

D.                Assists with cleaning of refrigerators and storerooms.

E.                 Assists in storage of food and supplies.

F.                  Assists in towel service duties.

G.                Ensures that food is served in an efficient and effective manner.

H.                Ensures that portion sizes served are appropriate for federal and state guidelines.

I.                   Assists in the preparation of any special meals for district-sponsored events as requested by the principal or superintendent.

J.                   Ensures that standards of cleanliness, health, and safety are maintained.

K.                Assists with the inventory of all foods, supplies, and equipment.

L.                 Performs other duties as may be assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL
480.3 E4
FOOD SERVICE ASSISTANT JOB DESCRIPTION
ELEMENTARY ASSIGNMENT

I.                   QUALIFICATIONS:

1.                  Effective oral and written skills.

2.                  Ability to work effectively with groups to accomplish district goals.

3.                  Ability to follow directions accurately.

4.                  Ability to use technology to perform job assignments.

II.                REPORTS TO:

A.                Building principal

III.             JOB GOAL:

A.                To ensure the efficient and accurate accounting of student lunch funds.

IV.             PERFORMANCE RESPONSIBILITIES:

A.                Receipt funds into the lunch program and credit each user’s account.

B.                 Prepare deposits into the food service fund.

C.                 Accurately record each user’s purchases in the food service accounting system.

D.                Prepare daily reports of food service purchases.

E.                 Prepare weekly and monthly reports of student purchases.

F.                  Perform other duties as assigned.

V.                TERMS OF EMPLOYMENT:

A.                As per Board policies, master contract, and individual contract.

VI.             EVALUATION:

A.                Performance will be evaluated in accordance with provisions in board policy and master contract.

PERSONNEL

480.4 E1 - HEAD CUSTODIAN JOB DESCRIPTION - ELEMENTARY ASSIGNMENT

I.  QUALIFICATIONS:

   A.  Demonstrated aptitude or competency for assigned responsibilities.

   B.  Ability to work effectively with groups to accomplish district goals.

   C.  Demonstrated aptitude or competency for assigned responsibilities.

   D.  Ability to work independently with minimal supervision.

   E.  Ability to efficiently plan, organize, initiate, and complete work effectively and efficiently.

   F.  Ability to respect the privacy and confidentiality of students and staff.

   G.  Able to operate cleaning equipment.

   H.  Able to operate power equipment.

   I.  Ability to use technology to perform job assignments.

   J.  Able to lift 50 pounds.

II.  REPORTS TO:

   A.  Building principal,

   B.  Works cooperatively with superintendent of schools.

III.  SUPERVISES: