See Policies Below:
STAFF PERSONNEL
Series 400
Policy Title: Release of Credit Information Code No. 402.1
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.
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised:
Legal Reference: Iowa Code §§ 22.7; 279.8 (2013)
Cross Reference: 401.5 Employee Records
STAFF PERSONNEL
Series 400
Policy Title: Child Abuse Reporting Code No. 402.2
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.
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised: January 16, 2024
Legal Reference: Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013); 441 I.A.C. 9.2; 155; 175; 1982 Op. Att’y Gen. 390, 417; 2980 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
STAFF PERSONNEL
Series 400
Policy Title: Abuse of Students by School District Employees Code No. 402.3
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 to 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 and on the district website.
The Superintendent is responsible for drafting administrative regulations to implement this policy. Additional information can be found at the following website.
http://www.dhs.state.ia.us/Consumers/Safety_and_Protection/Abuse_Reporti...
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised:
Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2013). 281 I.A.C. 12.3(6), 102; 103. 441 I.A.C. 155; 175. 1980 Op. Att’y Gen. 275.
Cross Reference: 104 Anti-Bullying/Harassment; 402.2 Child Abuse Reporting; 503.5 Corporal Punishment
See file below:
See this file:
STAFF PERSONNEL
Series 400
Administrative Regulation: Abuse of Students by School District Employees Code No. 402.3R1
An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the building principal who is the school district’s Level I investigator. “Employee” means one who works for pay or as a volunteer under the direction and control of the school district. The report is 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:
Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report will 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:
The Level I investigator will 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:
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, is 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 a serious nature, the Level I investigator will refer the case on to Lonna Anderson, 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:
In determining the reasonableness of the contact or force used, the following factors are considered:
“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 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 will 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 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:
When sexual 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 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 pre- kindergarten 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 circumstances contained in the report, the Level I investigator will provide notice of the impending interview of student witnesses or the student who is in pre-kindergarten 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 shall, 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:
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, is notified only that the Level I investigation has been concluded and of the 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 will 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 will notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II will 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 is removed from the employee’s permanent file.
It is 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 is included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised:
STAFF PERSONNEL
Series 400
Policy Title: Gift to Employees Code No. 402.4
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 of honorarium does not meet the definition of gift or honorarium stated below.
A “restricted donor” is defined as a person or other entity which:
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:
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:
It is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised:
Legal Reference: Iowa Code ch. 68B (2013); 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
STAFF PERSONNEL
Series 400
Policy Title: Public Complaints About Employees Code No. 402.5
The Board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. While constructive criticism is welcomed, the Board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints, including social media posts, that do not offer advice for improvement or change.
The Board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the Board it will be referred to the administration to be resolved. Prior to Board action however, the following should be completed:
It is within the discretion of the Board to address complaints from the members of the school district community, and the Board will only do so if they are in writing, signed, and the complainant has complied with this policy.
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised: May 14, 2019
Legal Reference: Iowa Code § 279.8
Cross Reference: 210.8 Board Meeting Agenda; 213 Public Participation in Board Meetings; 307 Communication Channels
STAFF PERSONNEL
Series 400
Policy Title: Employee Outside Employment Code No. 402.6
The Board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description. The Board considers an employee’s duties as apart of 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 or the superintendent may request the employee to cease the outside employment as a condition of continued employment with the school district.
Approved: April 13, 2004
Reviewed: May 14, 2019
Revised: May 14, 2019
Legal Reference: Iowa Code §§ 20.7; 279.8 (2013)
Cross Reference: 401.2 Employee Conflict of Interest; 408.3 Licensed Employee Tutoring