400 STAFF PERSONNEL

400 Role of and Guiding Principles for Employment

STAFF PERSONNEL

Series 400

 

Policy Title:  Role Of And Guiding Principles For Employees

Code No.  400

 

This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community.  They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs.  While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.

In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees.  The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance.  It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action.  The board recognizes its duty to bargain collectively with duly certified collective bargaining units.  To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration.  Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:

Cross Reference:

401 Employees and Internal Relations

See Policies Below.

401.1 Equal Employment Opportunity

STAFF PERSONNEL

Series 400

 

Policy Title:  Equal Employment Opportunity                                                                                                                                                                                 Code No.  401.1

 

The Oskaloosa Community School District will 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 Board will appoint an 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 to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity, or disability.  In keeping with the law, the Board will consider the veteran status of applicants.

Prior to a final offer of employment of any teaching position, the School District will perform the background checks required by law.  The District may determine on a case-by-case basis that, based on the duties, other positions within the District will also require background checks.  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.

Advertisements and notices for vacancies within the district will contain the following statement:  The Oskaloosa 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 Chad Vink,  Oskaloosa Community School District, Oskaloosa, Iowa 52577; or by telephoning 641-673-8345.

Inquires 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 Director of the Region VII Office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 8-800-457-4416, 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  December 10, 2013

Legal Reference (Code of Iowa):  29 U.S.C. 621-634 (1994). 42 U.S.C. 2000e (1994). 42 U.S.C. 12101 (1994). Iowa Code 19B; 20; 35C; 73; 216; 279.8; 692.2; 692,.2A; 692.2C(5); 235A.15; 235A.6e(9) (2001). 281 I.A.C. 12.4; 95. 28 I.A.C. 14.1; 2000

Cross Reference:  102 Equal Educational Opportunity; 403.5 Harassment; 405.2 Licensed Employee Qualifications, Recruitment, Selection; 411.2 Classified Employee Qualifications, Recruitment, Selection

401.2 Employee Conflict of Interest

STAFF PERSONNEL

Series 400

 

Policy Title:     Employee Conflict of Interest                                                                                                                                                                                  Code No.  401.2

 

Employees' use of their position with the School District for financial gain is 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 supply companies doing business with the School District.  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 is 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  December 10, 2013

Legal Reference:  Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2009)

Cross Reference:  203 Board of Directors' Conflict of Interest; 402.4  Gifts to Employees; 402.7  Employee Outside Employment; 404 Employee Conduct and Appearance

401.3 Nepotism

STAFF PERSONNEL

Series 400

 

Policy Title:  Nepotism                                                                                                                                                                                                                               Code No.  401.3

 

More than one family member may be an employee of the School District.  It is 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 (subject to the approval of the Board).

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

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

401.4 Employee Complaints

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Complaints

Code No.  401.4

 

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, Principal, or Superintendent, and will be made in a constructive and professional manner.  Complaints will never be made in the presence of other employees, students, or outside persons.

 

Approved:  April 13, 2004

Reviewed:  May 23, 2017

Revised:  May 23, 2017

Legal Reference:  Iowa Code §§  20; 279.8

Cross Reference:  307 Communication Channels

401.5 Employee Records

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Records                                                                                                                                                   Code No.  401.5

 

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.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the Superintendent and the employee.  The School District may charge a reasonable fee for each copy made.  However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee’s file when it is necessary because of an employee related matter before the Board.

It is the responsibility of the Superintendent to develop administrative regulations for the implementation of this policy.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 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

401.5R1 Employee Records Regulations

STAFF PERSONNEL

Series 400

 

Policy Title:  Role Of And Guiding Principles For Employees                                                                                                                                                      Code No.  401.5R1

 

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.
  1. 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.
  1. 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 was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; 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.

Employee Record Retention

All employee records, except payroll and salary records, are maintained for a minimum of one year after termination of employment with the district.  Applicant records are maintained for a minimum of one year after the position was filled.  Payroll and salary records are maintained for a minimum of three years after payment.

401.6 Transporting of Students by Employees

STAFF PERSONNEL

Series 400

 

Policy Title:  Transporting of Students by Employees                                                                                                                                                                       Code No.  401.6

 

Generally, transportation of students is 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 Superintendent.

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

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 285; 321 (2001)

Cross Reference:  401.7 Employee Travel Compensation; 711 Transportation; 904.1 Transporting Students in Private Vehicles

401.7 Employee Travel Compensation

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Travel Compensation                                                                                                                                                                                      Code No.  401.7

 

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.

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, is approved by the Superintendent.

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 is maintained as part of the School District’s record of the claim.

Failure to have a detailed 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.  Pre-approved expenses for registration are limited to the actual cost of 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 at the current rate allowed by the federal government.

Expenses for lodging and meals shall be reasonable and reimbursement subject to approval of the Superintendent.  Reimbursement request forms shall have receipts attached to be considered for approval.

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 the current rate allowed by the federal government.  It is the responsibility of the Superintendent to approve travel within the School District by employees.  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.

Employees who are allowed an in-school 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 is 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code § 70A.9-.11 (2001)

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

401.8 Recognition for Service of Employees

STAFF PERSONNEL

Series 400

 

Policy Title:  Recognition for Service of Employees                                                                                                                                                                          Code No.  401.8

 

The Board recognizes and appreciates the service of its employees.  Employees who retire or resign 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  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

401.9 Employee Political Activity

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Political Activity                                                                                                                                                                                                Code No.  401.9

 

Employee will not engage in political activity upon property under the jurisdiction of the Board.  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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

Cross Reference:  409.5 Licensed Employee Political Leave; 414.5 Classified Employee Political Leave

401.10 Credit Cards

STAFF PERSONNEL

Series 400

 

Policy Title:  Credit Cards                                                                                                                                                                                                                       Code No.  401.10

 

Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the Board and employees, and other expenses required by employees and the Board in the performance of their duties.

Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose, and nature of the expense for each claim item.  Failure to provide a proper receipt will make the employee responsible for expenses incurred.  Those expenses are reimbursed to the School District no later than ten working days following use of the School District’s credit card.  In exceptional circumstances, the Superintendent or Board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the School District’s record of the claim.

The School District may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The Superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the Superintendent’s duties.  The Transportation Director may maintain a school district credit card for fueling school district transportation vehicles in accordance with Board policy.

It is the responsibility of the Superintendent to determine whether the School District credit card use is for appropriate school business.  It is the responsibility of the Board to determine through the audit and approval process of the Board whether the School District credit card use by the Superintendent and the Board is for appropriate school business.

The Superintendent is responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card.  The administrative regulations will include the appropriate forms to be filed for obtaining a credit card.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 279,8, .29, .30 (2001) 281 I.A.C. 12.3(1)

Cross Reference:  219.3 Board of Directors’ Member Compensation and Expenses; 401.7 Employee Travel Compensation

401.11 Employee Orientation

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Orientation                                                                                                                                                                                                      Code No.  401.11

 

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee’s immediate supervisor should provide the new employee with a review of the employee’s responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the Business Manager.

Regular employees ineligible for the School District’s group health plan will be given information regarding where they can obtain health care or health care insurance.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20; 279.8 (2001) 191 I.A.C. 74

Cross Reference:  404 Employee Conduct and Appearance; 406 Licensed Employee Compensation and Benefits; 412 Classified Employee Compensation and Benefits

401.13 Staff & Volunteer Technology Acceptable Use and Social Networking

STAFF PERSONNEL

Series 400

 

Policy Title:  Staff & Volunteer Technology Acceptable Use and Social Networking Policy                                                                                                  Code No.  401.13

 

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program.  In addition, the School District depends upon computers as an integral part of administering and managing the Schools' resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies, and materials.  This policy outlines the Board's expectations in regard to these different aspects of the School District's computer resources.  Employees must conduct themselves in a manner that does not disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions

The Superintendent is responsible for designating a Technology Director who will oversee the use of school district computer resources.  The School District will provide in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.

The Superintendent, working with appropriate staff, shall establish regulations governing the use and security of the School District's computer resources.  The School District will make every reasonable effort to maintain the security of the system.  All users of the School District's computer resources, including students, staff, and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities.  Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.

Usage of the School District's computer resources is a privilege, not a right, and that use entails responsibility.  All information on the School District's computer system is considered a public record.  Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis.  Therefore, users of the School District's computer network must not expect, nor does the School District guarantee, privacy for e-mail or use of the School District's computer network including websites visited.  The School District reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the School District's computer network.

The Superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel, and student information.  The procedures will address:

  • passwords
  • system administration
  • separation of duties
  • remote access
  • data back-up (including archiving of e-mail)
  • record retention
  • disaster recovery plans

Social Networking or Other External Web Sites

For purposes of this policy any web site, other than the School District web site or school district sanctioned web sites, are considered external web sites.  Social media networks are defined to include:  web sites, blogs, wikis, social networks, online forums, and virtual worlds.

Employees shall not post confidential or proprietary information, including photographic images about the School District, it's employees, students, agents, or others on any external web site without consent of their principal.  The employee shall adhere to all applicable privacy and confidentiality policies adopted by the School District when on external web sites.

Employees shall not use school district time, with the exception of lunch time, on external sites that are not in direct-relation to the employee's job.

Employees, students, and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world.  Employees, students, and volunteers who don't want school administrators to know their personal information, should refrain from exposing it on the Internet.

Employees, who would like to use a social media network for school district sanctioned activities or classroom use, may do so, but must submit information about the social media site through the Social Media Networks form, and follow the Guidelines for Policy #401.13:  Social Media Networks.

Employees must avoid posting any information or engaging in communications that violate state or federal laws or District policies.

Employees are advised to maintain their professionalism as District employees and have responsibility for addressing inappropriate behavior or activity on these networks, including requirements for mandated reporting.  Because readers of social media networks may view the employee as a representative of the schools and the District, the District requires employees to observe the following rules when referring to the District, its schools, students, programs, activities, employees, volunteers, and communities on any social media networks:

  1. An employee's use of any social media network and an employee's postings, displays, or communications on any social media network must comply with all state and federal laws and any applicable District policies.  (Student photos, privacy, confidentiality, etc.)

Employees must be respectful and professional in all communications (by word, image, or other means).Employees shall not use obscene, profane, or vulgar language on any social media network or engage in communications or conduct that is harassing, threatening, bullying, libelous, defamatory, that discusses or encourages any illegal activity, or the inappropriate use of alcohol, use of illegal drugs, sexual behavior, sexual harassment, or bullying.

Employees must make clear that any views expressed are the employee's alone and do not necessarily reflect the views of the District.

Employees may not act as a spokesperson for the District or post comments as a representative of the District, except as authorized by the Superintendent or the Superintendent's designee.When authorized as a spokesperson for the District, employees must disclose their employment relationship with the District.

Employees may not disclose information on any social media network that is confidential or proprietary to the District, it's students, or employees or that is protected by data privacy laws.

Employees shall not use the School District logos, images, iconography, etc. on personal web sites that are not for school use.

Employees may not post images on any social media network of co-workers without the co-workers' consent.

Employees may not post images of students on any social media network without written parental consent, except for images of students taken in the public arena, such as at sporting events or fine arts public performances.

Employees may not post any building floor plans.

  1. The District recognizes that student groups or members of the public may create social media representing students or groups with the District.  When employees, including coaches/advisors, choose to join or engage with these social networking groups, they do so as an employee of the District.  Employees have responsibility for maintaining appropriate employee-student relationships at all times and have responsibility for addressing inappropriate behavior or activity on these networks.  This includes acting to protect the safety of minors online.
  1. Employees who participate in social media networks may decide to include information about their work with the District as part of their personal profile, as it would relate to a typical social conversation.  This may include:
  1. Work information included in a personal profile, to include District name, job title, and job duties.
  2. Status updates regarding an employee's own job promotion.
  3. Personal participation in District-sponsored events, including volunteer activities.
  1. An employee who is responsible for a social media network posting that fails to comply with the rules and guidelines set forth in this policy may be subject to discipline, up to and including termination.  Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential or private information, information that violates the privacy rights or other rights of a third party, or the content of anything posted on any social media network.
  1. Anything posted on an employee's web site or other Internet content for which the employee is responsible will be subject to all District policies, rules, regulations, and guidelines.  The District is free to view and monitor an employee's web site at any time without consent or previous approval.  Where applicable, employees may be asked to disclose to the District the existence of and to provide the District with access to an employee's web site or other personal social media network as part of an employment selection, promotion, or disciplinary process.

It is the responsibility of the Superintendent to develop administrative regulations implementing this policy.

 

Approved:  August 12, 2014

Reviewed:

Revised:

Legal Reference:  Iowa Code § 279.8 (2011); 281 I.A.C. 13.35, .26

Cross Reference:  104 Anti-Bullying/Harassment; 306 Administrator Code of Ethics; 401.11 Employee Orientation; 407 Licensed Employee Termination of Employment; 413 Classified Employee Termination of Employment; 605 Instructional Materials

401.13R1 Staff Technology Use Regulation

See file below.

Uploaded Files: 

402 Employees and Outside Relations

See Policies Below:

402.1 Release of Credit Information

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:  December 10, 2013

Revised:

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

Cross Reference:  401.5 Employee Records

402.2 Child Abuse Reporting

 

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 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, or submit evidence they’ve taken the course with the previous five years.  The course will be re-taken at least every five years.

 

Approved:    April 13, 2004

Reviewed:    March 8, 2017

Revised:       March 8, 2017

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; 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

402.2R1 Child Abuse Reporting Regulation

STAFF PERSONNEL

Series 400

 

Administrative Regulation:  Child Abuse Reporting Regulation                                                                                                                                                  Code No.  402.2R1

 

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 duties.

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. 

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 will 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, either orally or in writing, 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.  DHS is responsible for investigating the incident of alleged abuse.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

402.3 Abuse of Students by School District Employees

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.

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...

 

Approval:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2001); 281 I.A.C. 12.3(6), 102; 103; 441 I.A.C. 155; 175

Cross Reference:  402.2 Child Abuse Reporting; 403.5 Harassment; 503.5 Corporal Punishment

402.3E1 Abuse of Students by School District Employees

See file below:

Uploaded Files: 

402.3E2 Abuse of Student by School District Employees

See this file:

Uploaded Files: 

402.3R1 Abuse of Student by School District Employees Regulation

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 uilding 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:

  • 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 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:

  • 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 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:

  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.)
  8. The disposition or current status of the investigation.
  9. A listing of the options available to the parents or guardians 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 Education 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, 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:

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

  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 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:

  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 suite 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, 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:  December 10, 2013

402.4 Gifts to Employees

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:

  • 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 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 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, 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 Untied 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 to 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.

 

Approved:  April 13, 2004

 

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 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

402.5 Public Complaints about Employees

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 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:

  1. Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.
  2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal for licensed employees and the superintendent for classified employees.
  3. Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.
  4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the Board.  To bring a concern regarding an employee, the individual may notify the Board president in writing, who may bring it to the attention of the entire Board, or the item may be placed on the Board agenda of a regularly scheduled Board meeting in accordance with Board policy 214.1.

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:  December 10, 2013

Revised:

Legal Reference:  Iowa Code § 279.8 (2003)

Cross Reference:  210.8 Board Meeting Agenda; 213 Public Participation in Board Meetings; 307 Communication Channels

402.6 Employee Outside Employment

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

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

Cross Reference:  401.2 Employee Conflict of Interest; 408.3 Licensed Employee Tutoring

403 Employee's Health and Well-Being

See policies below.

403.1 Employee Physical Examinations

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Physical Examinations

Code No.  403.1

 

Good health is important to job performance. Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.

School bus drivers will present evidence of good health every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school 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.  The cost of bus driver renewal physicals will be paid by the school district up to a maximum of $50.00.  The school district will provide the standard examination form to be completed by the personal physician of the employee

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June13, 2017

Legal Reference:  29 C.F.R. § 1910.1030; 49 C.F.R. §§ 391.41 – 391.49; Iowa Code §§ 20; 279.8; 321.376; 281 I.A.C. 43.15; 43.17.

Cross Reference:  403 Employees' Health and Well-Being

 

403.2 Employee Injury on the Job

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Injury on the Job                                                                                                                                                                                              Code No.  403.2

 

When an employee becomes seriously injured on the job, the building principal will notify a member of the family, or an individual of close relationship, as soon as the building principal 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 to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the employee to file claims, such as workers’ compensation, through the Board Secretary.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 85; 279.40; 613.17 (2001)

Cross Reference:  403 Employees’ Health and Well-Being; 409.2 Licensed Employee Personal Illness Leave; 414.2 Classified Employee Personal Illness Leave

403.3 Communicable Disease - Employees

STAFF PERSONNEL

Series 400

 

Policy Title:  Communicable Diseases – Employees                                                                                                                                                                         Code No.  403.3

 

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” will 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 will 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 is 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 will 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 will not be disclosed to third parties.  Employee medical records are 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.                                                                                   

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  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 Disease – Students

403.3E1 Hepatitis B Vaccine Information & Record

See pdf document

403.3R1 Universal Precautions Regulation

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Universal Precautions                                                                                                                                                              Code No.  403.3R1

 

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, used gloves, barriers and absorbent materials should be placed in a plastic bag 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 hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
  • Dispose of gloves, soiled towels and other waste in a plastic bag.
  • 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:  April 13, 2004

Reviewed:  December 10, 2013

403.4 Hazardous Chemical Disclosure

STAFF PERSONNEL

Series 400

 

Policy Title:  Hazardous Chemical Disclosure                                                                                                                                                                                    Code No.  403.4

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 will 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, is included in the employee’s orientation.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students will 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 88; 89B (2001). 347 I.A.C. 120

Cross Reference:  403 Employees’ Health and Well-Being; 804 Safety Program

403.5 Harassment

STAFF PERSONNEL

Series 400

 

Policy Title:  Harassment                                                                                                                                                                                                                         Code No.  403.5

 

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and nonschool property if the employee or student is at any school sponsored, school approved or school related activity 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.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by Board Members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or Board.

Sexual harassment will include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  • such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.

Employees and students who believe they have suffered harassment will report such matters to the investigator for harassment complaints.  However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts.  It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.

No one will retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceedings, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

It is the responsibility of the Board Members, administrators, licensed and classified employees, students, and others having business or other contact with the school district to act appropriately under this policy.  It is the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district’s policy prohibiting harassment.

This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.  It is the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 216 (2001). 281 I.A.C. 12.3(6)

Cross Reference:  102 Equal Educational Opportunity; 401.1 Equal Employment Opportunity; 401.4 Employee Complaints; 402.3 Abuse of Students by School District Employees; 404 Employee Conduct and Appearance; 502.10 Student-to-Student Harassment; 503 Student Discipline

403.5E1 Harassment Complaint Form

Uploaded Files: 

403.5E2 Witness Disclosure Form

Uploaded Files: 

403.5R1 Harassment Investigation Procedures Regulation

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Harassment Investigation Procedures                                                                                                                                Code No.  403.5R1

 

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and nonschool property if the employee or students is at any school sponsored, school approved or school related activity 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.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by Board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is alleged to be in violation of this policy will  be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or Board.

Sexual harassment will include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  • such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain individuals and groups.

COMPLAINT PROCEDURE

An employee or student who believes that they have been harassed will notify the building principal, the designated investigator.  The alternate investigator is Dr. Mary Cooksley. The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  Information received during the investigation is kept confidential to the extent possible.

The investigator with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator will interview the complainant and the alleged harasser.  The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint.  The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator will report to the superintendent.  The investigator will outline the findings of the investigation to the superintendent.

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator’s report.  Following the investigator’s report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent’s discretion, interview the complainant and the alleged harasser.  The superintendent will file a written report closing the case.  The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.

POINTS TO REMEMBER IN THE INVESTIGATION

  • Evidence uncovered in the investigation is confidential.
  • Complaints must be taken seriously and investigated.
  • No retaliation will be taken against individuals involved in the investigation process.
  • Retaliators will be disciplined up to and including discharge.

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator is the investigator.

If the alleged harasser is the superintendent, the alternate investigator will take the superintendent’s place in the investigation process.  The alternate investigator will report the findings to the Board.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

403.6 Substance-Free Workplace

STAFF PERSONNEL

Series 400

 

Policy Title:  Substance-Free Workplace                                                                                                                                                                 Code No.  403.6                            

 

The Board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, posses, use, or be under the influence of in the workplace any narcotic drug, hallucinatory drug, amphetamine, barbituate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law. The Board further prohibits the possession or use of tobacco or tobacco product in the workplace.  “Workplace” includes school district facilities, school district premises or school district vehicles.  “Workplace” also includes non-school 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.  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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  April 25, 2006

Legal Reference:  Iowa Code §§ 123.46; 124; 279.8 (2001)

Cross Reference:  404 Employee Conduct and Appearance

403.6E1 Substance-Free Workplace Notice to Employees

Uploaded Files: 

406.6R1 Substance-Free Workplace Regulation

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Substance-Free Workplace                                                                                                                                                    Code No.  403.6R1

 

A superintendent who suspects an employee has a substance abuse problems will follow these procedures:

  1. Identification – the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.
  2. Discipline – if, after the discussion with the employee, the superintendent determined there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination.  Participation in a substance abuse treatment program is voluntary.
  3. Conviction – if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

403.7 Drug and Alcohol Testing Program

STAFF PERSONNEL

Series 400

 

Policy Title:  Drug and Alcohol Testing Program                                                                                                                                                                                Code No.  403.7

 

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 will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are 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, superintendent/transportation director, at Oskaloosa Community Schools, 1800 North 3rd St., Oskaloosa, Iowa 52577.  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 will 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  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

403.7E1 Drug and Alcohol Testing Program Notice to Employees

Code No.  403.7E1

 

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 are 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 will 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 NOTIIFED 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.

403.7E2 Drug and Alcohol Testing Program Acknowledgment

Uploaded Files: 

403.7E3 Consent for Request of Information

Uploaded Files: 

403.7E4 Drug/Alcohol Test Notification Form

Uploaded Files: 

403.7E5 Certification of Previous Employers Requiring Acknowledgment

Uploaded Files: 

403.7E6 Drug and Alcohol Reasonable Suspicion Observation

Uploaded Files: 

403.7E7 Drug and Alcohol Testing Program

Uploaded Files: 

403.7E8 Random Testing Driver Change List Form

Uploaded Files: 

403.7E9 Post-Accident Drug and Alcohol Testing Instruction

Uploaded Files: 

403.7E10 Drug & Alcohol Testing Program Worksheet

Uploaded Files: 

403.7R1 Drug and Alcohol Testing Program Regulation

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Drug and Alcohol Testing Program                                                                                                                                       Code No.  403.7R1

 

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.

  1. 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, (superintendent/transportation director/other), at (building/address).
  2. Covered Drivers.
    1. A driver is covered by the drug and alcohol testing program if the driver:
      1. Drives a vehicle transporting sixteen or more persons, including the driver, OR drive a vehicle weighing over twenty-six thousand one pounds; and
      2. Required to hold a commercial driver’s license for the driver position.
    2. Covered drivers include:
      1. Applicants seeking a position as a driver;
      2. Full time, regularly employed drivers;
      3. Casual, intermittent, occasional or substitute drivers; and
      4. 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.
  3. Prohibited Driver Conduct.
    1. Drivers will not report to duty or remain on duty with a 0.04 alcohol concentration or greater.
    2. Drivers will not report for duty or remain on duty when using any drug except:
      1. 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
      2. The school district is informed in writing of the medication and licensed medical practitioner’s opinion.
    3. Drivers will not use alcohol at least four hours prior to, or during the performance of, a safety-sensitive function.
    4. Drivers will 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 will not use alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
    6. Drivers will 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 will not report for duty or remain on duty performing a safety-sensitive function if the driver has a positive drug test result.
  4. 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.
      1. 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.
      2. 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.
        1. A confirmation alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.
        2. 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.
    3. Alcohol testing is conducted at collection sites which provide privacy to the driver and contain the necessary equipment, personnel and materials.
      1. Alcohol testing is conducted at a designated collection site unless the  situation requires another location.
      2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
    4. Screening alcohol testing steps.
      1. 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.
      2. Upon arrival, the driver must provide a photo identification.  Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The breath alcohol technician (BAT) or saliva test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.
      5. 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:
          1. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
          2. A physician analyzes the driver’s inability to provide adequate breath.
          3. 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.
      6. 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:
          1. The school district is informed.
          2. 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.
      7. 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.
      8. 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.
      9. Potentially incomplete or invalid screening alcohol tests are repeated with corrected procedures.
    5. Confirmation alcohol testing steps.
      1. 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.
      2. The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements.
      3. 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.
      4. If a different collection site person conducts the confirmation alcohol test, the driver must again provide photo identification.
      5. The testing procedure is explained to the driver by the , a BAT.
      6. The BAT and the drive 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.
      7. 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.
      8. The confirmation alcohol test results, which are the final and official test results, are shared with the driver.
      9. 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.
      10. 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.
      11. Potentially incomplete or invalid confirmation alcohol tests are repeated with corrected procedures.
      12. 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.
  5. 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.
      1. A negative drug test result allows the driver to continue to perform a  safety-sensitive function.
      2. A positive drug test result on the primary sample requires the driver to be removed from performing a safety-sensitive function.
      3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another 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.
      4. 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.
      1. 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.
      2. 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 form 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.
      3. Direct observation is approved by the supervisor of the collection site person or the designated school district representative.  Non-medial personnel performing direct observation must be of the same gender as the driver.
    5. Drug testing steps.
      1. The school district contact person makes arrangements with the collection  site for the test.
      2. 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 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.
      3. Upon arrival, the driver must provide a photo identification.  Repeated failure of the driver to produce a 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.
      4. 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.
      5. Immediately prior to providing a urine specimen, the driver must wash his or her hands.
      6. 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.
      7. The specimen is kept in view of the driver and the collection site person.
      8. 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.
      9. 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.
      10. 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.
      11. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collective site person.  Specimens suspected of adulteration or substitution are also sent to laboratory for testing.
      12. The specimen is divided into the primary and the split specimen, sealed and labeled.  The label is initialed by the driver.
      13. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver’s.
      14. 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.
      15. 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.
      16. 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
      1. 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.
      2. 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).
      1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
      2. 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.
      3. 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 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 medially unqualified status or medical leave.
      4. 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.
      5. 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.
      6. The school district receives a written report of the negative and positive drug test results from the MRO.
  6. Pre-employment Testing.
    1. Drivers will submit to a drug test if a job offer is made.  The job offer is contingent upon:
      1. A negative drug test result; and
      2. 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.
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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 can from other employers.
      6. A good faith effort requires the school district to request and hopefully receive, the information prior the driver driving and no later 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.
  7. Random Testing.
    1. Annually, ten percent of the average number of drivers are selected for random alcohol tests and fifty percent of the average number of drivers are selected for random drug tests.
    2. The driver’s 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 as soon as possible.
  8. Reasonable Suspicion Testing.
    1. A driver may be requires 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.
      1. A reasonable suspicion alcohol test is performed within two hours and  no later than eight hours of determining reasonable suspicion.
      2. If the alcohol test is not given within two hours, the reasons for the delay must be documented.
      3. 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.
  9. Post-accident Testing.
    1. Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:
      1. A fatality, other than the driver, occurred.
      2. 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
      3. 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.
          1. Tire disabled without other damage even if no spare tire is  available.
          2. Headlights or taillight damage.
          3. Damage to turn signals, horn, or windshield wipers which make inoperative.
    2. Drivers must remain readily available for post-accident testing.
      1. Drivers who leave the scene or who do not remain readily available are deemed to have refused to test.
      2. 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.
      1. The alcohol test is administered within two hours and no later than eight  hours of the accident.
      2. The reasons for administering the test later than two hours after the accident must be documented.
      3. The reasons for not administering the test within eight hours of the accident must be documented.
      4. Drivers are prohibited from consuming alcohol for eight hours after the accident or until the alcohol test is completed.
    4. Drug testing requirements.
      1. The drug test is administered as soon as possible and no later than 32 hours after the accident.
      2. 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 test are presumed valid if the testing conforms with the law.  The school district must receive a copy of the results to use them.
  10. 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 designed 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).
  11. 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.
      1. Drivers may be disciplined up to and including termination.
      2. Drivers may not be permitted to perform safety-sensitive functions.
      3. Drivers may be advised of the resources available to them in evaluation and resolving problems associated with the misuse of alcohol or use of drugs.
      4. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to termination.
      5. Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements are 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.
  12. Drug and alcohol testing records.
    1. Drug and alcohol testing records are stored in locked files at limited access locations separate and apart form 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;
      1. Records may be released to appropriate government agencies without a driver’s written consent.
      2. Records may be released to appropriate school district employees without a driver’s written consent.
      3. 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.
      1. 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.
      2. Two years:
        1. Records related to the alcohol and drug collection process, except calibration of evidentiary breath testing devices, and training.
      3. 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.
      4. 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:  April 13, 2004

Reviewed:  December 10, 2013

403.7R2 Drug and Alcohol Testing Program Definitions

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Drug and Alcohol Testing Program Definitions                                                                                                                  Code No.  403.7R2

 

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 an6y 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-medial 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 the 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 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 substance-related disorders.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

404 Employee Conduct and Appearance

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Conduct and Appearance                                                                                                                            Code No. 404

Employees are role models for the students who come in contact with them during and after school hours.  The Board recognizes the positive effect employees can have on students in this capacity.  To this end, the Board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste.  Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 279.8 (2001).  282 I.A.C. 13

Cross-Reference:  307 Administrator Code of Ethics; 401.1 Employee Orientation; 403.6 Harassment; 403.7 Substance-Free Workplace; 407 Licensed Employee Termination of Employment; 413 Classified Employee Termination of Employment

404.R1 Code of Professional Conduct and Ethics

STAFF PERSONNEL

LICENSED

Series 400

 

Administrative Regulation:  Code of Professional Conduct and Ethics                                                                                                                                      Code No.  404.R1

 

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 pf 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 pre-kindergarten 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 pre-kindergarten 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:

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:

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

 

  1. 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, buttock, anus, or breast; or the commission of any sex act as defined in Iowa Code 702.17.
  2. Sexual exploitation of a minor.  The commission of or any conviction for an offense prohibited by Iowa Code 728.12, Iowa Code Chapter 709 or 18 U.S.C. 2252A(a)(5)(B).
  3. 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:

  1. 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.
  2. 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:

  1. 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.
  2. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
  3. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
  4. Falsifying any records or information submitted to the Board in compliance with the license renewal requirements imposed under 282-Chapter 17.
  5. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, 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:

  1. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
  2. Converting public property or funds to the personal use of the practitioner.
  3. Submitting fraudulent requests for reimbursement of expense or for pay.
  4. Combining public or school-related funds with personal funds.
  5. Failing to use time or funds granted for the purpose for which they were intended.

25.3(5)   Standard V – violations of contractual obligations.

  1. 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.

  1. 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:

  1. Denying the student, without just cause, access to varying points of view.
  2. Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
  3. Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
  4. Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
  5. 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, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, national origin, or membership in a definable minority.
  6. Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
  7. Accepting gifts from vendors or potential vendors where there may be appearance of or an actual conflict of interest.
  8. 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.
  9. Refusing to participate in a professional inquiry when requested by the Board.
  10. Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
  11. 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.
  12. Delegating tasks to unqualified personnel.
  13. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
  14. Allowing another person to use one’s practitioner license for any purpose.
  15. 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:

  1. Failing to comply with 282 – Chapter 9 concerning repayment of student loans.
  2. 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:

  1. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the State of Iowa.
  2. Willfully or repeatedly failing to practice with reasonable skill and safety.

These rules are intended to implement Iowa Code 272.2(1)”a”.

 

Approved:  April 13, 2004

Reviewed:  December 13, 2016

Revised:  December 13, 2016

404.R2 Code of Rights and Responsibilities

STAFF PERSONNEL

LICENSED

Series 400

 

Administrative Regulation:  Code of Rights and Responsibilities                                                                                                                                                Code No.  404.R2

 

282-26.1(272)  Purpose.  The code of professional conduct and ethics in 282-Chpater 25 defines unprofessional and unethical conduct justifying disciplinary sanction.  The Board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities.  Accordingly, the Board recognizes the following rights and responsibilities of all educators licensed under Iowa Code Chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the Board’s evaluation of allegations of unprofessional or unethical conduct.

282-26.2(272)  Rights.  Educators licensed under Iowa Code Chapter 272 have the following rights:

  1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the Board.
  2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
  3. The educator has a right, subject to Board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282-26.3(272)  Responsibilities.  Educators licensed under Iowa Code Chapter 272 have the following responsibilities:

  1. The educator has a responsibility to maintain and improve the educator’s professional competence.
  2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
  3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
  4. The educator shall protect students from conditions harmful to learning or to health or safety.
  5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.
  6. The educator shall not use professional relationships with students for personal advantage.
  7. The educator shall not discriminate against any student on the grounds of national or ethnic origin, religion, age, sex, disability, membership in a definable minority, or marital status, nor grant any discriminatory consideration or advantage.
  8. The educator shall accord just and equitable treatment to all members of the profession.
  9. The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
  10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by the law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.
  11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.
  12. The educator shall provide accurate, truthful, and complete information to the Board and to the local education system concerning all licensure transactions.
  13. The educator shall not refuse to participate in a professional inquiry, when requested by the Board.
  14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.
  15. The educator shall not delegate assigned tasks to unqualified personnel.

These rules are intended to implement Iowa Code 272.2(1)”a”.

 

Approved:  December 13, 2005

Reviewed:  December 10, 2013

405 Licensed Employees - General

See Policies Below

405.1 Licensed Employee Defined

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Defined                                                                                                                                                                                             Code No.  405.1

 

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 is 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 each year.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  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

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment Selection; 410.1 Substitute Teachers; 411.1 Classified Employee Defined

405.2 Licensed Employee Qualifications, Recruitment, Selection

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Qualifications, Recruitment, Selection

Code No.  405.2

 

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will 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.

All job openings shall be submitted to the Iowa Department of Education for posting on Teach Iowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will 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.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  29 U.S.C. §§ 621-634; 42 U.S.C. §§ 2000e, 12101 et seq.; Iowa Code §§ 20; 35C; 216; 279.13; 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

 

405.3 Licensed Employee Individual Contracts

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Individual Contracts                                                                                                                                                                      Code No.  405.3

 

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 is 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, are returned to the superintendent.  The superintendent will obtain the employee’s signature.  After being signed, the contract is filed with the Board Secretary.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  Iowa Code § 20; 279 (2001)

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection; 405.4 Licensed Employee Continuing Contracts; 407 Licensed Employee Termination of Employment

405.4 Licensed Employee Continuing Contracts

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Continuing Contracts                                                                                                                                                                   Code No.  405.4

 

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 new licensed employee’s contract is 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 Iowa school district will serve a one year probationary period.  In the event of termination of the employee’s contract during this period, the Board will 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 will 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 comply with Board policies in those areas.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  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

405.5 Licensed Employee Work Day

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Workday

Code No.  405.5

 

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year will have the same work day as other licensed employees.  "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 are 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.

 

Approved:  April 13, 2004

Reviewed:  May 23, 2017

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  200.2 Powers of the Board of Directors

405.6 Licensed Employee Assignment

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Assignment

Code No.  405.6

 

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board.  In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.

It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.

 

Approved:  April 13, 2004

Reviewed:  May 23, 2017

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 279.8

Cross Reference:  200.2 Powers of the Board of Directors

405.7 Licensed Employee Transfers

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Transfers

Code No.  405.7

 

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board.  In making such assignments the board will 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 is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

 

Approved:  April 13, 2004

Reviewed:  May 23, 2017

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 216.14; 279.8.

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection; 405.6 Licensed Employee Assignment

405.8 Licensed Employee Evaluation

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Evaluation

Code No.  405.8

 

Evaluation of licensed employees on their skills, abilities, and competence is 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, is 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 is in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth.  The formal evaluation is 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. 

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

It is the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees are evaluated at least twice each year.

 

Approved:  April 13, 2004

Reviewed:  May 23, 2017

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 20.9; 279, 284, 294; 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); 281 I.A.C. 83; 12.3

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection; 405.9 Licensed Employee Probationary Status

405.9 Licensed Employee Probationary Status

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Probationary Status                                                                                                                                                                     Code No.  405.9

 

The first three years of a new licensed employee’s contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period.  For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.

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 is 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code § 279.12-.19B (2001)

Cross Reference:  405.4 Licensed Employee Continuing Contracts; 405.8 Licensed Employee Evaluation

406 Licensed Employee Compensation & Benefits

406.5 Licensed Employee Group Insurance Benefits

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Group Insurance Benefits

Code No.  406.5

 

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method required by law, with minimum essential health insurance coverage that is both affordable and provides minimum value.  The Board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Regular part-time employees (i.e., employees who work less than 30 hours per week but at least 20) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan.  Full-time and regular part-time licensed employees who also wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised: June 13, 2017

Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii). Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference: 405.1 Licensed Employee Defined, 706.2 Payroll Deductions

407 Licensed Employee Termination of Employment

407.1 Licensed Employee Resignation

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Resignation                                                                                                                                                                                     Code No.  407.1

 

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 a licensed employee is continuing to be employed by the school district.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

407.2 Licensed Employee Contract Release

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Contract Release                                                                                                                                                                          Code No.  407.2

 

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Licensed employees may be released at the discretion of the Board.  Only in unusual and extreme circumstances will the Board release a licensed employee from a contract.  The Board will have sole discretion to determine what constitutes unusual and extreme circumstances.

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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 216; 272; 279.13, .19A, .46 (2001)

Cross Reference:  405.3 Licensed Employee Individual Contracts, 405.4 Licensed Employee Continuing Contracts, 407.3 Licensed Employee Retirement

407.3 Licensed Employee Retirement

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Retirement                                                                                                                                                                                      Code No.  407.3

 

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.  The letter must state the employee’s desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the Board for the return of the employee’s contract to the Board may be considered by the Board if special circumstances exist.  It is within the discretion of the Board to determine whether special circumstances exist.

Board action to approve a licensed employee’s application for retirement is 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 and their spouse and dependents are allowed to continue coverage in the school district’s group health insurance program at their own expense by meeting the requirements of the insurer.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 97B; 216; 279.46 (2001). 581 I.A.C.; 21

Cross Reference:  401.14 Recognition for Service of Employees; 407.4 Licensed Employee Early Retirement

407.4 Licensed Employee Suspension

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Suspension                                                                                                                                                                                     Code No.  407.4

 

Licensed employees will 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 is within the discretion of the superintendent to suspend a licensed employee with or without pay.

In the event of a suspension, appropriate due process will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001)

Cross Reference:  404 Employee Conduct and Appearance; 407 Licensed Employee Termination of Employment

407.5 Licensed Employee Reduction in Force

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Reduction in Force

Code No.  407.5

 

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 is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent shall consider the following criteria in making the recommendations:

  • Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
  • Relative skills, ability and demonstrated performance;
  • Qualifications for co-curricular programs; and
  • Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force will be followed.

 

Approved:  April 13, 2004

Reviewed:  May 23, 2017

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 20; 279

Cross Reference:  407.4 Licensed Employee Suspension; 413.5 Classified Employee Reduction in Force; 703 Budget

407.6 Licensed Employee Early Retirement

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Early (Voluntary) Retirement                                                                                                                                                      Code No.  407.6

 

The Board may provide incentives to retiring Licensed Staff, Administrators, and Directors.  The purposes of the plan would be to provide recognition to retiring employees who have provided significant years of service to the Oskaloosa Community School District, and to provide appropriate incentives for employees considering early retirement.

By November 15 the Board will annually review whether to offer incentives to employees retiring after the current school year.  If incentives are offered, they will be subject to the following guidelines in addition to those set forth in the accompanying Policy Exhibit 407.6E1:

  1. Application must be made by December 15 of the current year of retirement that would begin following the end of the school year.
  2. Employees must submit a written resignation from the existing contract contingent upon approval of the Board.

Pursuant to Iowa Statute, participation for eligible employees will be funded from the District’s Management Fund as early retirement benefits.  The Board reserves the right to make immediate changes to the benefits and waive any restrictions detailed in policy or regulation. 

 

Approved:  January 1, 2001

Reviewed:  November 10, 2015

Revised:  November 10, 2015

Legal Reference:    

Cross Reference:

407.6E1 Voluntary Early Retirement Plan for 2015-2016

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Exhibit Title:  Voluntary Early Retirement Plan for 2017-2018

Code No.  407.6E1

 

Purposes of the Plan

  1. To provide recognition to retiring employees who have provided significant years of service to the Oskaloosa Community School District (“District”).
  2. To provide appropriate incentive for employees considering early retirement.

Eligibility Requirements

  1. Must be current regular permanent employee of the District that is not subject to disciplinary action and has completed all contractual, licensure, and employment obligations.  Employee must be a licensed professional employee (teacher, nurse, librarian, counselor, etc.), licensed Administrator, or Director of the District.  Employees that have previously received retirement incentives from the District are not eligible.
  2. Must have a minimum of 10 years of service with the Oskaloosa Community School District and be at least at the minimum age for early retirement benefits as established by Iowa Code Chapter 97B.  Years of service will be based on the most recent continuous employment immediately prior to June 30, 2018.  Extended leave approved by the Board will not count toward years of service, but will not break continuity of service.  Staff meeting age requirements that have worked some or all of their years of service on a part-time basis or partial-year basis, shall have any such year of service count as one-half year, and if the sum of cumulative years includes one-half of a year, the number of years of service shall be rounded up to the next whole year.
  3. Application must be made by 2:30PM, December 22, 2017, for retirement that would begin July 1, 2018.  Employee must submit a written resignation from the existing contract contingent upon approval of the Board of Directors for participation in the retirement plan.  In addition, the employee must complete, and submit to the Superintendent, the Application for Participation in the Voluntary Early Retirement Plan.

Benefits

  1. Eligible employees will receive an incentive package based on longevity and balance of sick leave.  The package will provide $500.00 for every year of service with the District (as defined above) and $25 for each day of sick leave remaining as of June 30, 2018.
  2. An employee who elects to remain on the District’s health insurance plan subsequent to August 31, 2018, will have their incentive pay contributed to a Health Reimbursement Account (HRA) held by the District.  The cost of the health insurance premiums shall still be paid to the District by the retired employee.  If the employee elects not to participate in the District’s health insurance plan after retirement, they cannot elect to participate at a later time.
  3. An employee eligible for incentive pay that elects not to participate in the District’s health insurance must have their benefit contributed to a 403(b) retirement account as provided by the District through the State of Iowa’s Retirement Investors Club.
  4. The funds for the incentive packages will be disbursed into the proper account in three equal installments on or about November 12, 2018.  The employee may not receive the incentive funds in cash or in any form other than those listed above.

Other Provisions

  1. The Board reserves the right to change the plan or cancel the plan at their discretion.  Retirees that have been awarded retirement recognition prior to the change or cancellation will have the opportunity to rescind their retirement and resignation.  Implementation of this plan does not vest any right in any employee to any current or future benefits.
  2. Employees receiving this benefit shall not seek future permanent employment with the District.  The District, at its discretion, may initiate a reemployment offer to a retiree, and if the retiree agrees, it will not change the incentive package payments due the retiree.
  3. Pursuant to Iowa Statute, participation for eligible employees will be funded from the District’s Management Fund as early retirement benefits.

408 Licensed Employee Professional Growth

See Policies Below

408.1 Licensed Employee Professional Development

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Professional Development

Code No.  408.1

 

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board will 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, is made to the superintendent.  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 will 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.  Requests that involve unusual expenses or overnight travel must also be approved by the board.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  Iowa Code § 279.8; 281 I.A.C. 12.7; 83.6

Cross Reference:  414.9 Classified Employee Professional Purposes Leave

 

408.2 Licensed Employee Publication or Creation of Materials

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Publication or Creation of Materials                                                                                                                                         Code No.  408.2

 

Materials created by licensed employees and the financial gain there from are 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code § 279.8 (2001)

Cross Reference:  401.3 Employee Conflict of Interest; 606.6 Student Production of Materials and Services

408.3 Licensed Employee Tutoring

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Tutoring                                                                                                                                                                                            Code No.  408.3

 

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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

Cross Reference:  401.3 Employee Conflict of Interest; 402.7 Employee Outside Employment

409 Licensed Employee Vacations and Leaves of Absence

See Policies Below

409.1 Licensed Employee Vacation - Holidays - Personal

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Vacation – Holidays – Personal Leave

Code No.  409.1

 

The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

 

Approved:  April 13, 2004

Reviewed:  June 23, 2017

Revised:  June 23, 2017

Legal Reference:  Iowa Code §§ 1C; 4.1(34); 20.9.

Cross Reference:  414.1 Classified Employee Vacations - Holidays - Personal Leave; 601.1 School Calendar

409.2 Licensed Employee Personal Illness Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Personal Illness Leave

Code No.  409.2

 

Licensed employees will be granted ten days of sick leave in their first year of employment.  Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

Sick leave may be accumulated up to a maximum as specified in the Master Contract Agreement for licensed employees.

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 is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  29 U.S.C. §§ 2601 et seq.; 29 C.F.R. § 825; Iowa Code §§ 20; 85; 216; 279.40; Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:  403.2 Employee Injury on the Job; 409.3 Licensed Employee Family and Medical Leave; 409.8 Licensed Employee Unpaid Leave

409.3 Licensed Employee Family and Medical Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Family and Medical Leave

Code No.  409.3

 

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 term of an annual contract. Requests for family and medical leave will 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 is the responsibility of the superintendent to develop administrative rules to implement this policy. 

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  29 U.S.C. §§ 2601 et seq.; 29 C.F.R. § 825; Iowa Code §§ 20; 85; 216; 279.40; Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:  409.2 Licensed Employee Personal Illness Leave; 409.8 Licensed Employee Unpaid Leave; 414.3 Classified Employee Family and Medical Leave

409.3E1 Licensed Employee Family and Medical Leave Notification

See pdf

Uploaded Files: 

409.3E2 Licensed Employee Family and Medical Leave Requirements

See pdf

Uploaded Files: 

409.3E3 Licensed Employee Family and Medical Leave Certification

See pdf

Uploaded Files: 

409.3E4 Licensed Employee Family and Medical Leave Requirements

See pdf

Uploaded Files: 

409.3R1 Licensed Employee Family and Medical Leave Regulation

STAFF PERSONNEL

LICENSED

Series 400

 

Administrative Regulation Title:  Licensed Employee Family and Medical Leave                                                                                                                  Code No.  409.3R1

 

  1. School district notice.
  1. The school district will post the notice in Exhibit 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.  The information will be in the employee handbook.
  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:

 

  1. 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 or 26 week entitlement depending on the purpose of the leave;
  2. 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 or proof of call to active duty in the case of military family and medical leave;
  3. 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
  4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health of other benefits.
  1. 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.

  1. Employee requesting leave – two types of leave.
  1. Foreseeable family and medical leave.
  1. Definition – leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
  2. 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.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.
  3. 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.
  1. Unforeseeable family and medical leave.
  1. Definition – leave is unforeseeable in such situations as emergency medical treatment or premature birth.
  2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
  3. A spouse or family member may give the notice if the employee is unable to personally give notice.
  1. Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
  1. Six purposes.
  1. 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;
  2. 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.
  3. 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
  4. Employee’s serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
  5. Because of a qualifying exigency arising out of the fact that an employee’s spouse; son or daughter; parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  6. Because the employee is the spouse; son or daughter; parent; next of kin of a covered service member with a serious injury or illness.
  1. Medical certification.
  1. When required:
  1. Employees shall be required to present medical certification of the employees’ 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.
  3. Employees shall be required to present certification of the call to active duty when taking military family and medical leave.
  1. 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.
  1. 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.
  1. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

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 will be denied until such certification is provided.

  1. Entitlement.
  1. Employees are entitled to twelve weeks unpaid family and medical leave per year.  Employees taking military caregiver family  and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
  2. Year is defined as: 

Fiscal year

  1. If insufficient leave is available, the school district may:
  1. Deny the leave if entitlement is exhausted
  2. Award leave available
  1. 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.
  1. Intermittent leave is available for:

_____       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;

_____       because of a qualifying exigency arising out of the fact that my spouse, son or daughter; parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

_____       because I am the spouse; son or daughter; parent; next of kin of a covered service member with a serious injury or illness.

  1. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
  2. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.
  1. Reduced work schedule – employee requests a reduction in the employee’s regular work schedule.
  1. Reduced work schedule family and medical leave is available for:

_____       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;

_____       because of a qualifying exigency arising out of the fact that my spouse; son or daughter; parent in on active duty or call to active  duty status in support of a contingency operation as a member of the National Guard or Reserves;

_____       because I am the spouse; son or daughter; parent; next of kin of a covered service member with a serious injury or illness.

  1. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.,
  2. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternate position with equivalent pay and benefits.
  1. 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:
  1. Take leave for the entire period or periods of the planned medical treatment; or
  2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
  1. 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.
  1. If an instructional employee begins family and medical leave for may 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.
  2. 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.
  3. 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.
  1. The entire period of leave taken under the special rules is created 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.
  1. 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 will reimburse the school district at a time set by the superintendent.
  3. An employee who fails to make the health care contribution payments within thirty 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.
  1. Use of paid leave for family and medical leave.

An employee may substitute unpaid family and medical leave with appropriate 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.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Approved:  April 13, 2004 

Reviewed:  December 10, 2013

Revised:  October 13, 2009

409.3R2 Licensed Employee Family and Medical Leave Definition

STAFF PERSONNEL

LICENSED

Series 400

 

Administrative Regulation Title:  Licensed Employee Family and Medical Leave Definitions                                                                                             Code No.  409.3R2

 

Active Duty  - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

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.

Contingency Operation – has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment – a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
  • treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
  • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
  • requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;
  • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Service Member – a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

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, and clinical social workers 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;
  • Any health care provider from whom an employer or a group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

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 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.

Next of Kin – an individual’s nearest blood relative.

Outpatient Status – the status of a member of the Armed Forces assigned to

  • either a military medical treatment facility as an outpatient; or,
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

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 work week, or hours per workday, of an employee.

Serious Health Condition

  • An illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
  • Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
  • Treatment 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.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
  • Requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;
  • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
  • Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee’s health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness – an injury or illness incurred by a member of the Armed Forces, including the National Guard or Reserves in the line of duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

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:  April 13, 2004  

Reviewed:  December 10, 2013

Revised:  October 13, 2009

409.4 Licensed Employee Bereavement Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Bereavement Leave

Code No.  409.4

 

The Board will determine the amount of bereavement leave that will be allowed for licensed employees.

Licensed employees covered by a collective bargaining agreement shall follow stipulations regarding bereavement leave as detailed in the Master Agreement of the appropriate bargaining group.

The Superintendent, Curriculum Director, Principals, Assistant Principals, Technology Director, Transportation Director, Food Service Director, Activities Director, and Business Manager shall receive bereavement leave similar to that stipulated in the Master Agreement with the Oskaloosa Education Association.

It is within the discretion of the Superintendent to determine the number of bereavement leave days to be granted.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 279.8.

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

409.5 Licensed Employee Political Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Political Leave                                                                                                                                                                                Code No.  409.5

 

The Board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent will 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 day of the requested leave.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code § 55 (2001)

Cross Reference:  401.15 Employee Political Activity; 409 Licensed Employee Vacations and Leaves of Absence

409.6 Licensed Employee Jury Duty Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Jury Duty Leave                                                                                                                                                                             Code No.  409.6

 

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 will 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 will be paid to the school district.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20.9; 607A (2001)

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

409.7 Licensed Employee Military Service Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Military Service Leave                                                                                                                                                                  Code No.  409.7

 

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 will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20; 29A.28 (2001)

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

409.8 Licensed Employee Unpaid Leave

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Unpaid Leave

Code No.  409.8

 

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will 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 will 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 will make a written request for unpaid leave 10 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are 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 will be followed.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B.

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

 

410 Other Licensed Employees

See Policies Below

410.1 Substitute Teachers

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Substitute Teachers                                                                                                                                                                                                           Code No.  410.1

 

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.  Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent.  It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitute teachers will be paid a per diem rate.  Substitutes employed for 10 or more consecutive days in the same position shall be paid according to the prevailing salary schedule based upon qualifications and experience.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

Paid leaves for long term substitute teachers who work 62 (or 93) or more consecutive days on a per diem basis as stipulated in the Master Contract with OEA under Article V: Sick Leave, A., Article VI: Temporary Leaves of Absences, A. Personal , B. Family Illness excluding the accumulation of such leave.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  June 22, 2004

Legal Reference:  Iowa Code §§ 20.1, .4(5), .9 (2003)  281 I.A.C.; 12.4

Cross Reference:  405.1 Licensed Employee Defined; 405.2 Licensed Employee Qualifications, Recruitment, Selection

410.2 Summer School Licensed Employee

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Summer School Licensed Employees                                                                                                                                                                          Code No.  410.2

 

It is 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 are 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 will 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 is the responsibility of the superintendent to make a recommendation to the Board regarding the need for and the delivery of the summer education program.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 279.8; 280.14 (2001)

Cross Reference:  603.2 Summer School Instruction

410.4 Education Aide

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Education Aide                                                                                                                                                                                                                     Code No.  410.4

 

The Board may employ education aides or other instructional support personnel to assist licensed personnel in non-teaching 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 aides who hold a teaching certificate are compensated at the rate of pay established for their position as an education aide.  It is the responsibility of the principal to supervise education aides.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

411 Classified Employees - General

See Policies Below

411.1 Classified Employee Defined

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Defined

Code No.  411.1

 

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees will include, but not be limited to, teacher and classroom aides, 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 is 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.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  405.1 Licensed Employee Defined; 411.2 Classified Employee Qualifications, Recruitment, Selection;      412.3 Classified Employee Group Insurance Benefits

411.2 Classified Employee - Qualifications, Recruitment, Selection

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee – Qualifications, Recruitment, Selection                                                                                                                                Code No.  411.2

 

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity, or disability.  Job applicants for classified employee positions will 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.

Announcement of the position will be through means the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications will be returned to the central administration office.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent has the authority to hire, without Board approval, bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers.  The superintendent also has the authority to sign individual contracts if applicable.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  February 12, 2008

Legal Reference:  Iowa Code §§ 35C; 216; 279.8; 294.1 (2001)

Cross Reference:  401.2 Equal Employment Opportunity; 411 Classified Employees – General

411.3 Classified Employee Contracts

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Contracts                                                                                                                                                                                       Code No.  411.3

 

The Board may enter into written contracts with classified employees employed on a regular basis.  The agreement will state the parameters of employment.

Each agreement for a new employee will be subject to ninety-day cancellation clause.  Either the employee or the Board must give notice of the intent to end employment at the end of the ninety days.  This notice will not be required when the employee is terminated during this probationary period for cause.

It is the responsibility of the Superintendent to compose and process the classified employee agreements.  The agreements, after being signed by the Board president, are filed with the Board Secretary.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  April 14, 2009

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

411.4 Classified Employee Licensing/Certification

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Licensing/Certification

Code No.  411.4

 

Classified employees who require a special license or other certification will 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 for the position.

 

Approved:  April 13, 2004

Reviewed:  June13, 2017

Revised:  June13, 2017

Legal Reference:  Iowa Code §§ 285.5(9); 272; 279.8; 281 I.A.C. 12.4(10); 36; 43.

Cross Reference:  411.2 Classified Employee Qualifications, Recruitment, Selection

 

411.5 Classified Employee Assignment

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Assignment                                                                                                                                                                                   Code No.  411.5

 

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 will consider the qualifications of each classified employee and the needs of the school district.

It is the responsibility of the superintendent to assign classified employees and report such assignments to the Board.

The requirement stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding assignments of such employees will be followed.

 

Approved:  April 13, 2004

Review:  December 10, 2013

Revised:

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

Cross Reference:  200.3 Powers of the Board of Directors; 411.6 Classified Employee Transfers

411.6 Classified Employee Transfers

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Transfers                                                                                                                                                                                        Code No.  411.6

 

Determining the location where a classified employee’s assignment will be performed is the responsibility of the superintendent and within the sole discretion of the Board.  In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

A transfer may be initiated by the employee, the principal or the superintendent.

It is the responsibility of the superintendent to transfer classified employees and report such transfers to the Board.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding transfers of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2001)

Cross Reference:  411.2 Classified Employee Qualifications, Recruitment, Selection; 411.5 Classified Employment Assignment

411.7 Classified Employee Evaluation

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Evaluation                                                                                                                                                                                       Code No.  411.7

 

Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent.  The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the Board’s standards of performance, to clarify each classified 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.

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees are formally evaluated at least twice a year.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding employee evaluation of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  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

411.8 Classified Employee Probationary Status

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Probationary Status                                                                                                                                                                    Code No.  411.8

 

The first ninety days of a newly employed classified employee’s contract is a probationary period.  “Day” is defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, are subject to this probationary period.

“New” employees includes individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the Board during the school year prior to the one for which contracts are being issued.

Only the Board, in its discretion, may waive the probationary period.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding probationary status of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

Cross Reference:  411.3 Classified Employee Contracts; 411.7 Classified Employee Evaluation

412 Classified Employee Compensation and Benefits

See Policies Below

412.1 Classified Employee Compensation

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Compensation                                                                                                                                                                              Code No.  412.1

 

The Board will 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 is 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 the classified collective bargaining unit and the Board regarding compensation of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

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

412.2 Classified Employee Wage and Overtime Compensation

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Wage and Overtime Compensation                                                                                                                                        Code No.  412.2

 

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 is compensated at one and one-half times their regular hourly wage rate.  This compensation is in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code

Cross Reference:  411.3 Classified Employee Contracts; 412.1 Classified Employee Compensation

412.3 Classified Employee Group Insurance Benefits

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Group Insurance Benefits                                                                                                                                                          Code No.  412.3

 

Classified employees may be eligible for group insurance benefits as determined by the Board and required by law.  The Board will select the group insurance program and the insurance company which will provide the program.

Classified employees who work 20 hours per week are eligible to participate in the group health insurance plan.  Regular part-time classified employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer.  Regular classified employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.

This policy statement does not guarantee a certain level of benefits.  The Board will have the authority and right to change or eliminate group insurance programs for its classified employees.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding insurance benefits of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2001)

Cross Reference:  411.1 Classified Employee Defined

412.3R1(L) Contract Days and Benefits

STAFF PERSONNEL

SUPPORT

Series 400

 

Administrative Regulation:  Contract Days and Benefits                                                                                                                                                        Code No.  412.3R1(L)

 

Work Year

The work year (contracted days) shall be recommended by the Superintendent and approved by the Board.  The contracted days shall be sufficient in number in order for the job description requirements and related tasks to be performed.

Classified employees covered by a collective bargaining agreement shall follow stipulations regarding work year as detailed in the master Agreement of the appropriate bargaining group, and their individual contracts.

Benefits for Classified Employees

Classified employees coverage by a collective bargaining agreement shall receive benefits as detailed in the Master Agreement of the appropriate bargaining group, as well as their individual contracts.

Classified employees not covered by a collective bargaining agreement (Administrative Secretaries, Kitchen Managers, Project Assistant, Technology Support Specialist, and Assistant Transportation Director) shall generally receive benefits similar to those stipulated in the Master Agreement with the Oskaloosa Support Staff Association at the complete discretion of the Board, with the exception of specific provisions negotiated for their individual contracts and those are specified in other policies.

 

Approved:  June 28, 2005

Reviewed:  December 10, 2013

Revised:  March 9, 2010

413 Classified Employee - Termination of Employment

See Policies Below

413.1 Classified Employee Resignation

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Resignation                                                                                                                                                                                   Code No.  413.1

 

Classified employees who wish to resign during the school year will give the Board notice of their intent to resign and final date of employment and cancel their contract 2 weeks prior to their last working day.

Notice of the intent to resign will be in writing to the superintendent.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

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

413.2 Classified Employee Retirement

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Retirement                                                                                                                                                                                     Code No.  413.2

 

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 and be witnessed by another party other than the principal or the superintendent.

Board action to approve a classified employee’s application for retirement is 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 97B; 216.19A, .46 (2001); 581 I.A.C. 21

Cross Reference:  401.14 Recognition for Service of Employees; 413.3 Classified Employee Early Retirement

413.3 Classified Employee Suspension

STAFF PERSONNEL

Support

Series 400

 

Policy Title:  Classified Employee Suspension                                                                                                                                                                                   Code No.  413.3

 

Classified employees will 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 is 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20.7, .24 (2001)

Cross Reference:  404 Employee Conduct and Appearance; 413 Classified Employee Termination of Employment

413.4 Classified Employee Dismissal

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Policy Title:  Classified Employee Dismissal                                                                                                                                                                                       Code No.  413.4

 

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 will be followed.

It is 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:   Iowa Code §§ 20.7, .24 (2001)

Cross Reference:  404 Employee Conduct and Appearance; 413.4 Classified Employee Suspension; 413.6 Classified Employee Reduction in Force

413.5 Classified Employee Reduction in Force

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Policy Title:  Classified Employee Reduction in Force                                                                                                                                                                       Code No.  413.5

 

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 will be given thirty days notice.  Due process will be followed for termination due to a reduction in force.

It is the responsibility of the Superintendent to make a recommendation for termination to the Board.  The Superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

The requirements stated in the Master Agreement between employees in the classified collective bargaining unit and the Board regarding reduction in force of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  Iowa Code §§ 20.7, .24 (2001)

Cross Reference:  407.6 Licensed Employee Reduction in Force; 413.4 Classified Employee Suspension; 413.5 Classified Employee Dismissal; 703 Budget

414 Classified Employee Vacations and Leaves of Absence

See Policies Below

414.1 Classified Employee Vacations - Holidays - Personal Leave

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Policy Title:  Classified Employee Vacations – Holidays – Personal Leave

Code No.  414.1

 

The Board will determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.

Classified employees will be paid only for the hours they would have been scheduled for the day.  Vacation will not be carried forward from year to year without a prior arrangement with the Superintendent.

It is the responsibility of the Superintendent to make a recommendation to the Board annually on vacation and personal leave for all classified employees.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding vacations, holidays, and personal leave of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 1C; 4.1(34); 20.

Cross Reference:  409.1 Licensed Employee Vacations - Holidays - Personal Leave; 601.1 School Calendar

414.1R1(L) Classified Employee Vacations - Holidays - Personal Leave

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Administrative Regulation:  Classified Employee Vacations – Holidays –  Personal Leave                                                                                             Code No.  414.1R(L)

 

The Board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for classified employees.

Classified employees covered by a collective bargaining agreement shall follow stipulations regarding holidays, vacations, and personal leave as detailed in the Master Agreement of the appropriate bargaining group and their individual contracts.

Other classified employees requiring 260 days including Administrative Secretaries, Project Assistant, and Technology Support Specialist, shall accrue ten (10) days of paid vacation each fiscal year, increasing to fifteen (15) days after 5 full fiscal years of service, and twenty (20) days after 10 full fiscal years of service.  The Assistant Transportation Director shall accrue fifteen (15) days of paid vacation each fiscal year, increasing to twenty (20) days after 10 full fiscal years of service.

In addition, these positions shall receive ten (10) paid holidays, including New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day (2), Christmas Day (2), New Year’s Eve, and one floating holiday.  Employees in these positions that may need to work on a holiday shall be allowed to float that holiday to another day with approval by the Superintendent or designated representative.

Vacation earned throughout any fiscal year shall be expended before the end of the next fiscal year.  Any variation from these provisions must be approved by the Superintendent or a designated representative.

Any classified employee who has earned vacation, and whose service with the District is terminated at a time when there is no opportunity for the earned vacation to be taken, shall be entitled to be paid a regular salary for the vacation days earned.

Other classified employees are also provided two (2) days personal leave.

 

Approved:  June 28, 2005

Reviewed:  December 10, 2013

Revised:  August 12, 2008

414.2 Classified Employee Personal Illness Leave

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Policy Title:  Classified Employee Personal Illness Leave                                                                                                                                                               Code No.  414.2

 

Evidence may be required to be provided by the employee to his or her supervisor regarding the mental or physical health of the employee including, but not limited to, confirmation of the following: 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 is within the discretion of the Board and the Superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with Board policy regarding family and medical leave.

If an employee is eligible to receive workers’ compensation benefits, the employee will contact the Board Secretary to implement these benefits.

Classified employees covered by a collective bargaining agreement shall receive personal illness leave as detailed in the Master Agreement of the appropriate bargaining group, as well as their individual contracts.

Classified employees not covered by a collective bargaining agreement shall generally receive personal illness leave comparable to that stipulate in the Master Agreement of a similar bargaining group, with the exception of specific provisions listed in their individual contracts and those as specified in other policies.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  April 14, 2009

Legal Reference:  Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2001)

Cross Reference:  403.2 Employee Injury on the Job; 414.3 Classified Employee Family and Medical Leave; 414.9 Classified Employee Unpaid Leave

414.3 Classified Employee Family and Medical Leave

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Policy Title:  Classified Employee Family and Medical Leave                                                                                                                                                          Code No.  414.3

 

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 term of an annual contract. Requests for family and medical leave are 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 is the responsibility of the superintendent to develop administrative rules to implement this policy.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the Board regarding family and medical leave of such employees will be followed.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  October 13, 2009

Legal Reference:  Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2009); 1980 Op. Att’y Gen. 605; 1972 Op. Att’y Gen. 177, 353; 1952 Op. Att’y Gen. 91

Cross Reference:  409.3 Licensed Employee Family and Medical Leave; 414.2 Classified Employee Personal Illness Leave; 414.8 Classified Employee Unpaid Leave

414.3E1 Classified Employee Family and Medical Leave Notification

See pdf

Uploaded Files: 

414.3E2 Classified Employee Family and Medical Leave Requirement

See pdf

Uploaded Files: 

414.3E3 Classified Employee Family and Medical Leave Certification

See pdf

Uploaded Files: 

414.3E4 Classified Employee Family and Medical Leave Request Worksheet

See pdf

Uploaded Files: 

414.3R1 Classified Employee Family and Medical Leave Regulation

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Administrative Regulation Title:  Classified Employee Family and Medial Leave                                                                                                                   Code No.  414.3R1

 

  1. School district notice.
  1. The school district will post the notice in Exhibit 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.  The information will be in the employee handbook.
  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:
  1. 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 pr 26 week entitlement depending on the purpose of the leave;
  2. 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 or proof of call to active duty in the case of military family and medical leave;
  3. an explanation of the employee’s requirement 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
  4. 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.
  1. 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.

 

  1. Employee requesting leave – two types of leave.
  1. Foreseeable family and medical leave.
  1. Definition – leave is foreseeable for the birth or placement of a an adopted or foster child with the employee or for planned medical treatment.
  2. 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.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.
  3. 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.
  1. Unforeseeable family and medical leave.
  1. Definition – leave is unforeseeable in such situations as emergency medical treatment or premature birth.
  2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
  3. A spouse or family member may give the notice if the employee is unable to personally give notice.
  1. Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
  1. Six purposes.
  1. 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;
  2. 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;
  3. 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
  4. Employee’s serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
  5. because of a qualifying exigency arising out of the fact that an employee’s spouse; son or daughter; parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves
  6. because the employee is the spouse; son or daughter; parent; next of kin of a covered service member with a serious injury or illness.
  1. Medical certification.
  1. 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.
  3. Employees shall be required to present certification of the call to active duty when taking military family and medical leave.
  1. 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  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.
  1. 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.
  2. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

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 will be denied such certification is provided.

  1. Entitlement.
  1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
  2. Year is defined as:

School year

  1. If insufficient leave is available, the school district may:
  1. Deny the leave if entitlement is exhausted
  2. Award leave available
  1. 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.
  1. Intermittent leave is available for:

___  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;

___  because of a qualifying exigency arising out of the fact that my spouse; son or daughter; parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

___  because I am the spouse; son or daughter; parent; next of kin of a covered service member with a serious injury or illness.

  1. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
  2. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.
  1. Reduced work schedule – employee requests a reduction in the employee’s regular work schedule.
  1. Reduced work schedule family and medical leave is available for:

___  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;

___  because of a qualifying exigency arising out of the fact that my spouse; son or daughter; parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

___  because I am the spouse; son or daughter; parent; next of kin of a covered service member with a serious injury or illness.

  1. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
  2. 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.
  1. 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:
  1. Take leave for the entire period or periods of the planned medical treatment; or
  2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
  1. 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 does not include scheduled school breaks, such as summer, winter or spring break.
  1. 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.
  2. 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.
  3. 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.
  1. 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.
  1. 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 will reimburse the school district at a time set by the superintendent.
  3. An employee who fails to make the health care contribution payments within thirty 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.
  1. Use of paid leave for family and medical leave.

Employees are required to use all available applicable paid leaves provided by the District before utilizing unpaid Family and Medical Leave.  Paid leaves include but are not limited to, sick leave, family illness leave, personal leave, bereavement leave, professional leave and vacations.  The unpaid Family and Medical Leave will begin at the exhaustion of all available paid leaves.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:  October 13, 2009

414.3R2 Classfied Employee Family and Medical Leave Definitions

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Administrative Regulation Title:  Classified Employee Family and Medical Leave Definitions                                                                                            Code No.  414.3R2

 

Active Duty – duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

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 thee to be a common law marriage.

Contingency Operation – has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment – a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

-  treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

-  treatment 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.

  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

-  requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;

-  continues over an extended period of time (including recurring episodes of a single underlying condition); and

-  may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

  • Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Service Member – a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

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, and clinical social workers 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;
  • Any health care provider from whom an employer or a group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

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 assistance 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 counselor, 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.

Next of Kin – an individual’s nearest blood relative.

Outpatient Status – the status of a member of the Armed Forces assigned to –

  • either a military medical treatment facility as an outpatient; or,
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

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:
  • Inpatient care (i.e.an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:

-  A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

-  Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or

-  Treatment by a health care provider on at least one occasion which results in a regiment of continuing treatment under the supervision of the health care provider.

-  Any period of incapacity due to pregnancy or for prenatal care.

-  Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

-  Requires periodic visits for treatment by a health care provider or by nurse or physician’s assistant under direct sup0ervision of a health care provider;

-  Continues over an extended period of time (including recurring episodes of a single underlying condition); and,

-  May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

-  A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s a severe stroke or the terminal stages of a disease.

-  Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident  or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

  • Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such a aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such a most treatments for acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flue, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee’s health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness – an injury or illness incurred by a member of the Armed Forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

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:  October 13, 2009

Reviewed:  December 10, 2013

Revised:

414.4 Classified Employee Bereavement Leave

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Policy Title:  Classified Employee Bereavement Leave

Code No.  414.4

 

The Board will determine the amount of bereavement leave that will be allowed for classified employees.

Classified employees covered by a collective bargaining agreement shall follow stipulations regarding bereavement leave as detailed in the Master Agreement of the appropriate bargaining group.

Classified employees not covered by a collective bargaining agreement (Administrative Secretaries, Kitchen Managers, Project Assistant, Technology Support Specialist, and Assistant Transportation Director) shall receive bereavement leave similar to that stipulated in the Master Agreement with the Oskaloosa Support Staff Association.

It is within the discretion of the Superintendent to determine the number of bereavement leave days to be granted.

 

Approved:  April 13, 2004

Reviewed:  June 13, 2017

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

414.5 Classified Employee Political Leave

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Policy Title:  Classified Employee Political Leave                                                                                                                                                                              Code No.  414.5

 

The Board will provide a leave of absence to classified employees to run for elective public office.  The superintendent will 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.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  Iowa Code § 55 (2001)

Cross Reference:  401.15 Employee Political Activity; 414 Classified Employee Vacations and Leaves of Absence

414.6 Classified Employee Jury Duty Leave

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Policy Title:  Classified Employee Jury Duty Leave                                                                                                                                                                            Code No.  414.6

 

The Board will allow classified 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 will 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 is turned over to the school district.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20.9; 607A (2001)

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

414.7 Classified Employee Military Service Leave

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Policy Title:  Classified Employee Military Service Leave                                                                                                                                                                Code No.  414.7

 

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 will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 20; 29A.28 (2001)

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

414.8 Classified Employee Unpaid Leave

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Policy Title:  Classified Employee Unpaid Leave                                                                                                                                                                                Code No.  414.8

 

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent.  Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will 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 the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised: 

Legal Reference:  Iowa Code §§ 20.9; 279.8 (2001)

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

414.9 Classified Employee Professional Purposes Leave

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Policy Title:  Classified Employee Professional Purposes Leave                                                                                                                                                  Code No.  414.9

 

Professional purposes 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 presented to the superintendent prior to a registration process and/or meeting or conference and approved by the employees immediate supervisor.

It is within the discretion of the superintendent to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

 

Approved:  April 13, 2004

Reviewed:  December 10, 2013

Revised:

Legal Reference:  Iowa Code §§ 279.8 (2001).  281 I.A.C. 12.7

Cross Reference:  411 Classified Employees – General; 408.1 Classified Employee Professional Development