Code No. 400 Employees

Code No. 400.1 Role of Guiding Principles for Employees

Code No.  400.1

 

 

Role of and Guiding Principles for Employees

 

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.

 

Board policies in this series relating to general employees shall apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees shall 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.  Classified employees’ policies included in this series shall apply to positions that do not fall within the definition of licensed employee.

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Reviewed:  April 24, 2017

 

Code No. 401.1 Equal Employment Opportunity

Code No.  401.1

Equal Employment Opportunity

 

The Interstate 35 Community School District shall provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.  The school district shall 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 shall be given notice of this policy annually.

 

The board will appoint an affirmative action coordinator.  The affirmative action coordinator shall have the responsibility for drafting the affirmative action plan.  The affirmative action plan shall 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 shall consider the qualifications, credentials, and records of the applicants without regard to age, race, creed, color, sex, sexual orientation, marital status, socioeconomic status, gender identity, national origin, religion, or disability.  In keeping with the law, the board shall consider the veteran status of applicants.

 

Advertisements and notices for vacancies within the district shall contain the following statement:  “The Interstate 35 Community School District is an equal employment opportunity/affirmative action employer.”  The statement shall 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, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Interstate 35 Community School District, PO Box 79, Truro, Iowa 50257; or by telephoning 515-765-4291.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Iowa Civil Rights Department, or to the Director of the Region VII, Office of Civil Rights, Department of Education, Kansas City, Missouri..  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.

 

The district will perform background checks as required by law for all new employees.  Based on the results of the background checks, the district may withdraw a previously extended offer.  If the candidate is a teacher has an initial license from the BOEE, then the requirement for a background check is waived.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved: November 17, 1997

 

Updated: May 18, 2015

 

Reviewed: April 24, 2017

 

Code No. 401.1R1 Equal Employment Opportunity and Affirmative Action Compliance Program

Code No.  401.1R1

 

 

Equal Employment Opportunity and

Affirmative Action Compliance Program

 

The Interstate 35 Community School District has an established policy of equal employment opportunity with respect to age, race, creed, color, sex, sexual orientation, marital status, gender identity, national origin, religion, or disability in any program or activity.  The district has an established policy of taking affirmative action in recruitment, appointment, assignment and advancement of women, minorities and disabled.

 

All employment decisions will be made in accordance with these principles.  All employment related programs will be administered in a manner consistent with these principles.  No employee or applicant shall suffer any form of discrimination because of age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

 

In order to effectively communicate and interpret the district’s policies to all levels of the administration and to all other employees, community and educational agencies, and the public in general, the following will be undertaken:

 

A.                Dissemination of Policy

1.                  Employees will be reminded annually of the district’s written statement of policy by:

a.                   Annual notification in newspaper or newsletter that goes to all community folks.

b.                  Description of policy by publication or reference in all issues or re-issues of personnel handbooks.

c.                   When appropriate, publicize the EEO policy and such activities through news stories or other articles in district publications.

d.                  Detailed discussions at administrative meetings and staff meetings.

 

2.                  Employment advertisements will contain assurance of equal employment opportunity.

 

3.                  All employment and recruiting sources where jobs are listed by the district will be reminded of this policy, in writing.

 

4.                  Notices will be posted on bulletin boards and in locations where applicants are interviewed.  These will inform employees and applicants of their rights under federal and state civil rights laws.

 

B.                 Responsibility for Implementing the Affirmative Action Program

1.                  Responsibility is assigned to the Affirmative Action Coordinator, who will render full assistance and support for those seeking help and assistance in taking affirmative action.

 

C.                 Recruiting

1.                  Additional emphasis will be given to seeking and encouraging applicants from minority groups, women and the disabled where such applicants with the necessary qualifications or potentials are available.

 

D.                Training

1.                  All training and in-service programs supported or sponsored by the district will continue to be equally open to all employees on the basis of qualifications.

 

E.                 Hiring, Placement, Transfer, and Recall

1.                  The district recognizes that to accomplish the long-range objectives of its Equal Employment Opportunity policy, continued affirmative action must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups, women, and the disabled and that qualified members of such groups should be offered positions on the same basis as all other applicants or employees.  To assure achievement of the objectives, the district will periodically review its practices in hiring job applicants.

 

F.                  Compensation

1.                  All employees will receive compensation in accordance with the same standards.  Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on age, race, creed, color, sex, sexual orientation, socio-economic status, marital status, gender identity, national origin, religion, or disability in any program or activity.

 

This Affirmative Action Program will be reviewed and updated bi-annually.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action shall be directed to the Affirmative Action Coordinator, Interstate 35 Community School District.  Inquiries may also be directed, in writing, to the Iowa Civil Rights Department, or to the Director of the Region VII, Office of Civil Rights, Department of Education, Kansas City, Missouri.  Such inquiry or complaint to the state or 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 district’s central administrative office and the administrative office in each district attendance center.

 

Approved:  May 18, 2015

Reviewed: April 24, 2017

 

Code No. 401.1E1 Grievance Procedure Regulations

Code No.  401.1E1

 

 

Equal Employment Opportunity and

Affirmative Action Grievance Procedure

 

Employees of the school district and applicants for employment with the district have the right to file a formal complaint alleging non-compliance with federal and state regulations requiring non-discrimination in employment.

 

Level One- Principal or Immediate Supervisor

 

Individuals with a grievance of discrimination on the basis of race, color, creed, gender, national origin, religion, age, sexual orientation, gender identity, genetic information, or disability may first discuss it with their principal/designee or immediate supervisor, with the goal of resolving the matter informally.  An applicant for employment with a complaint of discrimination on the basis of race, color, creed, gender, national origin, religion, age, sexual orientation, gender identity, genetic information, or disability may discuss it with the instructor, counselor, supervisor, department chairperson, building administrator or personnel contact person involved.

 

Level Two- The Affirmative Action Coordinator

 

If the grievance is not resolved at level one and the grievant wishes to pursue the grievance, he or she may formalize it by filing a complaint in writing. 

 

The complaint shall state the date filed, the name of complainant, home address, home and work phone number, the nature of the grievance, the date the alleged violation occurred, the remedy requested, and the signature of the complainant.  The filing of the formal, written complaint at level two must be within fifteen (15) working days from the date of the event giving rise to the grievance or from the date the grievant could reasonably become aware of such occurrence.  The grievant may request that a meeting concerning the complaint be held with the affirmative action coordinator.

 

The affirmative action coordinator shall investigate the complaint and attempt to resolve it.  A written report from the affirmative action coordinator regarding action taken will be sent within fifteen (15) working days after receipt of the complaint.

 

Level Three- Superintendent

 

If the complaint is not resolved at level two, the grievant may process the complaint to level three by presenting a written appeal to the superintendent/designee within ten (10) working days after the grievant receives the report from the affirmative action coordinator.  The grievant may request a meeting with the superintendent/designee.  The superintendent/designee has the option of meeting with the grievant to discuss the appeal.  A decision will be rendered by the superintendent/designee within ten (10) working days after receipt of the written appeal.

 

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the Federal Office of Civil Rights, or the Equal Employment Opportunity Commission for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination.

 

Level Four - Appeal to Board

If the grievant is not satisfied with the Superintendent's decision, the grievant can file an appeal with the Board within five (5) working days of the decision.  It is within the discretion of the Board to determine whether it will hear the appeal.

 

 

 

Revised:  July 19, 2016

Reviewed:  April 24, 2017

 

 

Code No. 402.1 Employee Records

Code No. 402.1

 

 

Employee Records

 

The school district shall 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 shall include, but not be limited to, records necessary for the daily administration of the school district, personal information regarding the employee, 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, as allowed under law.  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 shall be the responsibility of the superintendent to keep employees’ personnel files current.  The board secretary shall be the custodian of employee records.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 402.1R1 Employee Records Regulations

Code No. 402.1R1

 

 

Employee Records Regulations

 

Maintenance of Employee Records

 

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.

•           Application, resume and references, except those that shall be kept confidential according to state and federal law.

            •           Educational transcripts.

•           Copy of the employee’s license or certificate, if needed for the position.

            •           Individual employment contract.

            •           Job description and/or assignment.

            •           Salary information.

•           Tax documents, including, but not limited to IRS Form W-4.

•           Written attendance records.

            •           Evaluation documents.

            •           Complaints.

            •           Records of disciplinary matters.

            •           Documents concerning any raise, promotion, pay decrease or demotion;

            •           Records of disciplinary matters;

            •           Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;

            •           Letters of termination and/or resignation;

            •           Documentation relating to an employee’s unemployment benefits; and

            •           Documentation relating to an employee’s employment ceasing.

 

2.   Employee health and medical records shall be kept in a file separate from the employee’s personnel records.  Health and medical records may contain, but are not limited to:

 

•           Employee's medical history, including, but not limited to, medical records and/or notes;

•           Employee’s emergency names and numbers;

•           Medical professional signed physical form;

•           Sick or long-term disability leave days;

•           Family and medical leave request forms;

•           Worker's compensation claims;

•           Reasonable accommodation made by the District to accommodate the employee's disability

 

Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

 

 

 

 

Applicant File Records Content

 

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

 

            •           Application for employment.

            •           Resume.

            •           References, except those that shall be kept confidential according to state and federal law.

•           Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.

            •           Affirmative action form, if submitted.

 

Access to Records

 

Only authorized school officials shall 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.

 

The general public may have access to an employee’s personnel records and/or personnel information as permitted by law.  Specifically, the general public may have access to the following information:

•           An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.

•           Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.

•           The dates the employee was employed by the district.

•           The positions the employee holds or has held with the district.

•           The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.

•           The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

 

Employee Record Retention

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

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 402.2 Release of Credit Information

Code No.  402.2

 

 

Release of Credit Information

 

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

 

It shall be the responsibility of the board secretary, superintendent and/or designee to respond to inquiries from creditors.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 403.1 Employee Reporting of Child Abuse

Code No.  403.1

                                                                       

 

Employee Reporting of Child Abuse

 

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.  Employees are encouraged, and licensed employees are required as mandatory reporters, to report alleged incidents of child abuse they become aware of within the scope of their professional duties.  The definition of child abuse is in the accompanying regulation.

 

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall orally or in writing notify the Iowa Department of Human Services.  If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified.  Within forty-eight hours of the oral report, the mandatory reporter shall file a written report with the Iowa Department of Human Services.

 

Within six months of their initial employment, mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse.  The course shall be re-taken at least every five years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Reviewed:  April 24, 2017

Code No. 403.1R1 Child Abuse Reporting Regulations

Code No.  403.1R1

 

 

Child Abuse Reporting Regulation

 

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

 

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

 

The law further provides that 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.

•           Any mental injury to a child's intellectual or psychological capacity as 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 and confirmed by a licensed physician or qualified mental health professional as defined by Iowa law.

•           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 or when offered financial or other reasonable means to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child . . . .

•           The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts of prostitution.

•           An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.

•           The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.

•           The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.

•           Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.

 

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.

 

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

 

 

 

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 403.2 Abuse of Students by School District Employees

Code No. 403.2

                                   

 

Abuse of Students by School District Employees

 

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district.  Abuse is considered both physical abuse, which is defined as the non-accidental physical injury to a student as a result of the actions of a district employee, and sexual abuse, which is defined in Iowa Code Chapter 709 or Section 728.12(1) and encompasses acts of the school employee that encourage the student to engage in prostitution as defined by Iowa law, as well as inappropriate, intentional sexual behavior, or sexual harassment by the school employee toward a student.

 

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

 

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the Level 1 investigators shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

 

Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 403.2R1 Abuse of Students by School District Employees Regulations

Code No.  403.2R1

 

 

Abuse of Students by School District Employees Regulations

 

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school district’s Level I investigators.  “Employee” means one who works for pay or as a volunteer under the direction and control of the school district.  The report shall be written, signed and witnessed by a person of majority age.  The witness may be the Level I investigator.  The reporter is the individual filing the report.  The report shall contain the following:

      •     The full name, address, and telephone number of the person filing.

      •     The full name, age, address, and telephone number, and attendance center of the student.

      •     The name and place of employment of the employee who allegedly committed the abuse.

      •     A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.

      •     A list of possible witnesses by name, if known.

      •     Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

 

Upon request, the Level I investigator may assist the reporter in completing the report.  An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible.  An employee receiving a report of alleged abuse of a student by an employee shall pass the report to the investigator and shall keep the report confidential to the maximum extent possible.  In performing the investigation, the investigator shall 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 shall dismiss the complaint and inform the reporter of other options available.  Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

 

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

      •     temporarily remove the student from contact with the employee;

      •     temporarily remove the employee from service; or,

      •     take other appropriate action to ensure the student’s safety.

 

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

 

The superintendent, in consultation with the board, may select an outside professional to perform the duties of the Level I investigator.  In investigating the complaint, the outside professional be granted the same power as the district’s Level I investigator and shall follow the same requirements as the district’s Level I investigator.

 

Physical Abuse Allegations

 

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

 

The Level I investigator shall use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation shall 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 seven days of receipt of an investigable report, the Level I investigator shall complete an informal investigation.  The informal investigation shall 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 shall complete a written investigative report, unless the investigation was temporarily deferred.

 

The written investigative report shall 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 guardian of the student to pursue the allegations.  These options include, but are not limited to:

            •     Contacting law enforcement officials.

            •     Contacting private counsel for the purpose of filing a civil suit or complaint.

            •     Filing a complaint with the board of educational examiners if the employee is a licensed employee.

 

The investigator shall 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, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

 

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

 

The Level II investigator shall review the Level I investigator’s final investigative report and conduct further investigation.  The Level II investigative report shall 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:

      a.   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.

      b.   Using incidental, minor, or reasonable physical contact to maintain order and control.

 

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

      a.   The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee.

      b.   The size and physical condition of the student.

      c.   The instrumentality used in making the physical contact.

      d.   The motivation of the school employee in initiating the physical contact.

      e.   The extent of injury to the student resulting from the physical contact.

 

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

 

Upon completion of the Level II investigation, the Level I investigator shall 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 shall 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 shall file a complaint with the State Board of Educational Examiners.  The Level I investigator shall also arrange for counseling services for the student if the student or student’s parents request counseling services.

 

Sexual Abuse Allegations

 

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

    1.     Submission to the conduct is made either implicitly or explicitly a term or condition of student’s education or benefits;

    2.     Submission to or rejection of the conduct is used as the basis for academic decisions affecting that student; or

    3.     The conduct has the purpose or effect of substantially interfering with a student’s

academic performance by creating an intimidating, hostile or offensive education environment.

 

When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students’ parents and the immediate supervisor of the employee named in the report.  The employee named in the report shall not receive a copy of the report until the employee is initially interviewed.  The designated investigator shall 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 shall 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 shall 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 shall exercise discretion in the investigative process to preserve the privacy interests of the individuals involved.  To the maximum extent possible, the investigator shall maintain the confidentiality of the report.

 

Within seven days of receipt of an investigable report, the Level I investigator shall complete an informal investigation.  The informal investigation shall 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 shall complete a written investigative report, unless the investigation was temporarily deferred.

 

The written investigative report shall include:

    1.     The name, age, address, and attendance center of the student named in the report.

    2.     The name and address of the student’s parent or guardian and the name and address of the person filing the report, if different from the student’s parent or guardian.

    3.     The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.

    4.     An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.

    5.     A general review of the investigation.

    6.     Any actions taken for the protection and safety of the student.

    7.     A statement that, in the investigator’s opinion, the allegations in the report are either:

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

               •     Founded.  (It is likely that an incident took place.)

    8.     The disposition or current status of the investigation.

    9.     A listing of the options available to the parents or guardian of the student to pursue the allegations.  These options include, but are not limited to:

               •     Contacting law enforcement officials.

               •     Contacting private counsel for the purpose of filing a civil suit or complaint.

               •     Filing a complaint with the board of educational examiners if the school                                               employee is certificated.

 

The investigator shall 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, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

 

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident 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 shall defer the Level I investigation and immediately notify law enforcement officials, the student’s parents and the person filing the report.

 

If the allegations are founded, the Level I investigation shall refer the case to the Level II investigator.  The Level II investigator shall review the Level I investigator’s final investigative report and conduct further investigation if necessary.  The Level II investigative report shall 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 shall 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 shall 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 shall file a complaint on behalf of the district after obtaining the superintendent’s signature with the State Board of Educational Examiners.  The Level I investigator shall also arrange for counseling services for the student if the student or student’s parents request counseling services.

 

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

 

It shall be the responsibility of the board to annually identify a Level I and Level II investigator.  The board shall 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 shall be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 403.2E1 Abuse of Students by School District Employees Report Form

Code No.  403.2E1

                                   

 

Abuse of Students by School District Employees Report Form

 

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

 

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

 

Student’s name and address:________________________________________________

                                                                                   

Student’s telephone no:_____________________________________________________

 

Student’s school:__________________________________________________________

                                                             

Name and place of employment of employee accused of abusing student:_____________

________________________________________________________________________

Allegation is of__________ physical__________ sexual abuse*

 

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

________________________________________________________________________

Were there any witnesses to the incident or are there students or persons who may have information about this incident?______________________ Yes____ no

 

If yes, please list by name, if known, or classification (for example: “third grade class,” “fourth period geometry class”):                                                                          

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

 

            ____ Yes_____ No    Telephone Number ________________________________                                

Has any professional person examined or treated the student as a result of the incident? 

 

            ____ Yes_____ No    ______ Unknown

 

If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known:__________________________________________________________________

________________________________________________________________________  

 

Has anyone contacted law enforcement about this incident?______ Yes_____ no

 

Please provide any additional information you have which would be helpful to the investigator.  Attach additional pages if needed.

________________________________________________________________________

________________________________________________________________________

Your name, address and telephone number:_____________________________________

________________________________________________________________________                                                          

Relationship to student:____________________________________________________

 

____________________________________       _________________________________

­­­­­­Complainant Signature                                         Witness Signature

 

____________________________________       _________________________________            

Date                                                                      Witness Name (please print)­­­­­­­­­­­­

 

                                                                              _________________________________

                                                                              Witness Address

 

Be advised that you have the right to contact the police or sheriff’s office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident.  The filing of this report does not deny you that opportunity.

 

You will receive a copy of this report (if you are the named student’s parent or guardian) and a copy of the Investigator’s Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.

 

 

 

 

 

 

               

 

 

 

 

 

Approved:  November 17, 1997

 

Reviewed:  April 24, 2017

Code No. 403.2E2 Abuse of Students by School District Employees

Code No.  403.2E2

 

 

Abuse of Students by School District Employees

 

Level I Investigation Report

 

 

Student’s name___________________________________________________________

 

Student’s age:____________ Student’s grade:__________________________________          

 

Student’s address:_________________________________________________________

 

Student’s school: _________________________________________________________

 

Name of accused school employee____________________ Building_________________

 

Name and address of person filing report:______________________________________

________________________________________________________________________

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

________________________________________________________________________

 

Date report of abuse was filed:___________       _______ ­­­­­­­­­­­­­­­­­physical_______ sexual*

 

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

________________________________________________________________________

 

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

________________________________________________________________________

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

 

Yes _____ No______ Was the right exercised?_____ Yes_____ No

 

Were audio tapes made of any interviews?__ Yes____ No

 

Were video tapes made of any interviews?__ Yes____ no

Was any action taken to protect the student during or as a result of the investigation?   Yes            no                  

 

If yes, describe:

 

                 student excused from school                                  school employee placed on leave

                student assigned to different class                           other (please specify)

Level I investigator’s conclusions:

 

The complaint is being dismissed for lack of jurisdiction.

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

___    Physical abuse was alleged, but no evidence of physical injury exists and the

nature of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.

___    Sexual abuse was alleged, but the alleged actions of the school employee, even

               if true, would not meet the definition of sexual abuse in the rules.

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

      ___    Alleged school employee is not currently employed by this school district.

      ___    Alleged incident did not occur on school grounds, on school time, at a school-

               sponsored activity, nor in a school-related context.

 

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

      ___    Complaint was withdrawn.

      ___    Insufficient evidence exists that an incident of abuse, as defined in the rules,

               took place.

 

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

___    The investigation is founded at Level I and is being turned over to Level II for

         further investigation.

___    Investigation of the complaint was deferred at Level I and referred to law

         enforcement at this time.

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

 

Current status of investigation:

 

      ___    Closed.  No further investigation is warranted.

      ___    Closed and referred to school officials for further investigation as a personnel

               matter.

      ___    Deferred to law enforcement officials.

      ___    Turned over to Level II investigator.

 

Other comments:__________________________________________________________            

 

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

 

____________________________________       _________________________________

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

 

____________________________________       _________________________________

Signature of investigator                                       Date

 

 

 

 

 

Approved:  November 17, 1997

 

 Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 403.3 Public Complaints about Employees

Code No.  403.3

 

 

Public Complaints about Employees

 

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:

 

            (a)     Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.

            (b)     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.

            (c)     Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.

            (d)    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 210.8.

 

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:  November 17, 1997

 

Reviewed:   April 24, 2017

Code No. 404.1 Employee Physical Examinations

 

 Code No.  404.1

 

 

Employee Physical Examinations

 

Good health is important to job performance.  Employees will be required to submit to a pre-employment physical examination after an offer of employment has been made and before the beginning of service.  The district will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  A written report of the physical examination shall be submitted to the district.  The date by which any such physical examination report shall be submitted to the district shall be determined by the superintendent, but in no case shall be any less than five (5) business days prior to the first working day.  Employees who do not return said form may be subject to discipline.

 

Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and every two years thereafter.

 

The cost of the initial examination will be paid by the employee.  The cost of employee physical renewals, if required, will be paid by the school district up to a maximum of $75 for support staff and $75 for certified and confidential staff.

 

Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job, or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.

 

All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentially laws.

 

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

 

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees shall be followed.

 

Approved:  November 17, 1997

Revised:  April 24, 2017

 

Code No. 404.2 Employee Injury on the Job

Code No.  404.2

 

 

Employee Injury on the Job

 

When an employee becomes seriously injured on the job, the building principal shall 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 shall 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 shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence.  It shall be the responsibility of the employee’s immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

 

It shall be the responsibility of the employee to file claims, such as workers’ compensation, through the board secretary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Reviewed:  April 24, 2017

Code No. 404.3 Communicable Diseases-Employees

Code No. 404.3

 

Communicable Diseases - Employees

 

The school district recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees.  The district also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.

 

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 and/or direct threat of illness or transmission to students or other employees.  The term “communicable disease” shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.  A “direct threat” occurs when an individual poses a significant risk of substantial harm to himself/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.

 

An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the superintendent any time the employee is aware that the employee’s condition poses a direct threat.  Any individual who has information that a school district employee may have a communicable disease is encouraged to report the information to the superintendent.

 

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

 

The superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the school district environment constitutes a direct threat.  In making this determination, the superintendent shall consider credible, objective evidence.  If the superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the school district or public health officials, to confirm the superintendent’s determination.

 

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

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 404.3R1 Universal Precautions Regulations

                 Code No. 404.3R1

 

 

Universal Precautions Regulations

 

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, vomits and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.

 

The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

 

Hand Washing

 

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

 

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

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

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

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

 

Barriers

 

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

 

Disposal of Waste

 

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a 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, vomit 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.  To minimize exposure, an employees should:

 

            •     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:  November 17, 1997 Revised:  May 18, 2015

Reviewed:  April 24, 2017

Code No. 404.4 Hazardous Chemical Disclosure

Code No.  404.4

 

 

Hazardous Chemical Disclosure

 

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

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 404.5 Substance-Free Workplace

Code No.  404.5

                                                                       

                                               

Substance-Free Workplace

 

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

 

If an employee is charged with or convicted of a violation of any criminal alcohol or drug offense in any setting, the employee shall notify the employee’s supervisor of the conviction within five days of the charges or conviction.

 

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.

 

The superintendent shall be responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent shall 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.

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 404.5E1 Substance-Free Workplace Notice to Employees and Acknowledgement Form

Code No.  404.5E1

                                                                       

 

                       Substance-Free Workplace Notice to Employees

and Acknowledgment Form

 

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in federal law.

 

“Workplace” is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school 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.

 

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee shall be subject to discipline up to and including termination.

 

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.

 

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

 

I,___________________________________, have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

 

_____________________________________________                                         

(Signature of Employee)                                                            (Date)

 

Revised: May 18, 2015

Reviewed: April 24, 2017

Code No. 404.5R1 Substance-Free Workplace Regulations

Code No.  404.5R1

                                                                       

 

Substance-Free Workplace Regulations

 

If the superintendent suspects an employee has a substance abuse problem, the superintendent shall follow these procedures:

 

          1.     Identification - the superintendent shall 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 shall discuss the problem with the employee.

 

          2.     Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.

 

          3.     Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.

 

          4.     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:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 404.6 Drug and Alcohol Testing Program for Employees Required to Possess a Commercial Drivers License

Code No.  404.6

 

 

DRUG AND ALCOHOL TESTING PRORAM FOR EMPLOYEES REQUIRED TO POSSESS A COMMERCIAL DRIVERS LICENSE

 

A.                Statement of Policy

 

In order to foster an appropriate environment for the education of students and to protect the health and safety of employees, it is the policy of the Interstate 35 Community School District that the following conduct is prohibited: (1) the use, sale, offering for sale, or possession of illegal drugs, controlled substances, imitation controlled substances, or counterfeit controlled substances, on the job, on the district’s premises, or in district vehicles; (2) any improper use of “legal” or physician-prescribed drugs on the job, on the district’s premises, or in district vehicles; (3) the use, sale, offering for sale, or possession of alcoholic liquor (beer, wine, or alcohol) on the job, on the district’s premises, or in district vehicles; and (4) being under the influence of illegal drugs or controlled substances, alcoholic liquor (beer, wine, or alcohol) or improperly used prescription drugs on the job, on the district’s premises, or in district vehicles.

 

B.                 Application

 

The portions of this policy which pertain to testing apply to all individuals who are required to possess a commercial driver’s license 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.  Unless otherwise specified, this policy applies to all district employees, including part-time employees.

 

C.                General Information

 

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, conducted in accordance with state and federal law.  Employees operating school vehicles will not perform a safety-sensitive function within eight 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, transportation director, in the secondary building at the Interstate 35 Community School.

 

Employees who violate the terms of this policy are subject to discipline up to and including termination.  Employees who violate this policy may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program, at their sole cost and expense, as a condition of continued employment.  Those who fail to or refuse to participate may be subject to discipline up to and including termination.  A second violation will result in immediate termination. 

 

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent or superintendent’s designee 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:  November 17, 1997

 

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

Code No. 404.6R1 Drug and Alcohol Testing Program Regulations

Code No. 404.6R1

 

 

Drug and Alcohol Testing Program Regulations

 

These procedures support the Drug and Alcohol Testing policy required for employees operating school vehicles, and establish and explain the requirements of the district's Drug and Alcohol Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.

 

A.        Questions regarding the policy, its supporting procedures or the drug and alcohol testing program may be directed to the district contact person, the transportation director, with the superintendent serving as an alternate.

 

B.        Covered Drivers

1.         To be covered under this Drug and Alcohol Testing Policy, a driver must:

a.         Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and

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

                        2.         Covered drivers include, but are not limited to, the following:

                                    a.         Full-time, regularly employed drivers;

                                    b.         Applicants seeking a position as a driver;

                                    c.         Casual, intermittent or occasional drivers;

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

 

            C.        Prohibited Driver Conduct

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

2.         Drivers shall not use alcohol at least eight (8) hours prior to the performance of a safety sensitive function.

3.         Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment.  This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.

4.         Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

5.         Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.

 

6.         Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.

7.         Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.

 

            D.        Alcohol Testing Procedures

                        1.         An employee driver's breath is tested for alcohol.

2.         Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation, alcohol tests.

a.         The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.

i.          An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

ii.         An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.

b.         The confirmation alcohol breath test determines whether the driver can continue to drive.

i.                    A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

ii.                  A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.

iii.                A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.

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

a.         Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.

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

                        4.         Initial Alcohol Testing Steps

a.         Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the transportation director, with the superintendent serving as an alternate, if a driver does not arrive at the specified time.

                                    b.         Upon arrival, the driver must provide photo identification.

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

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

 

i.                    Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.

ii.                  The District is notified immediately of the driver's refusal to sign.

5.         Evidentiary Breath Device Procedures

a.       The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.

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

i.        A physician analyzes the driver's inability to provide adequate breath;

ii.      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; and

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

c.       The results of the screening alcohol test are shared with the driver.

6.         Saliva Alcohol Testing Device Procedures

a.       The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

b.      The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person may place the swab in the driver's mouth.

c.       The saliva alcohol testing device is activated with the saturated swab in place.

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

i.        The District is informed; and

ii.      The driver must submit to a breath alcohol test immediately.

e.       The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.

f.       The results are shared with the driver.

7.                  Confirmation Alcohol Testing Procedures

a.       The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.

 

b.      If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.

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

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

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

                                                                                          ii.            The District is notified immediately of the refusal to sign.

e.       The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.

f.       The confirmation test results, which are the final and official test result, are shared with the driver.

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

h.      The BAT informs the transportation director, with the superintendent serving as an alternate, of the results of the test in a confidential manner.

                                                                                            i.            The BAT notifies the transportation director, with the superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.

                                                                                          ii.            If the BAT informs the transportation director. with the superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.

                                                                                        iii.            The BAT provides the transportation director, with the superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.

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

 

E.         Drug Testing Procedures

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

            2.         A split sample urine test is used to conduct the drug test.

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

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

 

c.         A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.

d.         A driver's refusal to test is considered a positive drug test result.

e.         A positive drug test result requires the driver to be evaluated by a SAP.

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

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

a.         Drug testing is conducted at a designated non-school District facility.

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

i.          Reasons exist to believe the driver may alter or substitute the specimen;

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

iii.        The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;

iv.        The collection site person observes conduct to substitute or adulterate the specimen; and/or

v.         The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.

c.         Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.

                        5.         Drug Testing Steps

a.         Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the transportation director, with the superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.

b.         Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.

 

 

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

d.         Immediately prior to providing a urine sample, the driver must wash their hands.

e.         The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.

i.          Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.

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

iii.        A physician analyzes the driver's inability to provide adequate urine.

iv.        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.

f.          The specimen must be kept in view of the driver and the collection site person.

g.         Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.

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

i.          The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.

j.          Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.

k.         The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.

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

m.        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.

n.         The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.

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

                        6.         Laboratory

a.         The laboratory used by the District's drug and alcohol testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.

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

i.          A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.

ii.         The split specimen is discarded if the primary specimen has a negative test result.

                        7.         Medical Review Officer (MRO) reviews drug test results.

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

b.         The MRO keeps a record of the negative test result and reports the negative test result to the District.

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

i.          After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.

ii.         Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.

iii.        The MRO contacts the transportation director, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.

iv.        The transportation director, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.

v.         Upon contacting the driver, the transportation director, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.

vi.        Upon contacting the driver, the transportation director, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.

iv.                Drivers who cannot be contacted are placed on temporary leave without pay.

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

i.          The driver declines the opportunity to discuss the drug test;

ii.         The driver fails to contact the MRO within five (5) days after the transportation director, with the superintendent serving as an alternate, has contacted the driver; or

iii.        MRO verification of positive 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 test result and declare the test negative.

e.         The driver is notified of the drugs found in a positive test result by the MRO, the transportation director, with the superintendent serving as an alternate, or by certified mail to the driver's last known address.

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

 

            F.         Substance Abuse Professional

1.         A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:

                                    a.         Has a positive drug test;

b.         Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or

c.         Otherwise violated this policy or its supporting procedures or the law.

2.         The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.

                        3.         A local SAP will provide assistance to the drivers.

 

            G.        Pre-Employment Testing

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

                                    a.         A negative alcohol and drug test result; and

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

2.         Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:

                                    a.         Alcohol test results of 0.04 or greater;

                                    b.         Positive drug test results; and

                                    c.         Refusals to be tested.

 

            H.        Random Testing

1.         Annually, ten percent (10 %) of the average number of drivers are selected for random alcohol tests and ten percent (10 %) of the average number of drivers are selected for random drug tests.

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

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

4.         Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.

5.         Drivers selected for random drug testing are informed as soon as possible after the transportation director, with the superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.

6.         The selected driver must proceed immediately to the collection site. However, drivers performing a safety sensitive function must safely stop and proceed to the collection site as soon as possible.

 

            I.          Reasonable Suspicion Testing

1.         Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.

2.         Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.

a.         A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion.  To meet the two-hour requirement, the transportation director, with the superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.

b.         If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.

c.         If the alcohol test is not given within eight (8) 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 has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four (24) 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.  The transportation director and transportation director have received the required Reasonable Suspicion Training.

 

            J.          Post-Accident Testing

1.         Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:

                                    a.         A fatality occurred; or

                                    b.         The driver received a citation and the following occurred:

i.          Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or

ii.         A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.

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

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

b.         Drivers subject to post-accident testing will be taken to the collection site by the transportation director, superintendent, or his/her designee (could be the transportation director).

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

                        3.         Alcohol Testing Requirements

a.         Administered within two (2) hours and no later than eight (8) hours of the accident;

b.         Reasons for administering the test later than two (2) hours after the accident must be documented;

c.         Reasons for not administering the test within eight (8) hours of the accident must be documented; and

d.         Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.

                        4.         Drug Testing Requirements

a.         Administered as soon as possible and not later than thirty-two (32) hours after the accident; and

b.         Reasons for not administering the test must be documented.

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

 

            K.        Return-to-Duty/Follow-Up Testing

1.         Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:

a.         The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;

 

b.         The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and

c.         The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.

2.         For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.

3.         After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.

a.         The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.

b.         Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.

 

            L.         District’s Responsibilities

1.         Information on the drug and alcohol testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.

2.         Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.

3.         Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with drug and alcohol testing requirements.

4.         School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.

5.         School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.

6.         The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.

7.         The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.

 

            M.        Consequences of Violating this Policy, the Supporting Procedures or the Law

1.         The transportation director may discipline drivers who violate this policy, the supporting procedures or the law relating to drug and alcohol testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:

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

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

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

d.         Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;

e.         Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;

f.          Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or

g.         Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.

2.         Nothing in this policy, the procedures or the law relating to drug and alcohol testing limits or restricts the right of the superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.

 

N.        Drug and Alcohol Testing Records

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

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

a.         Records may be released to appropriate government agencies without written consent; and

b.         Records may be released to appropriate District employees without written consent.

c.         The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.

3.         Drivers are entitled to make a written request to prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than drug and alcohol testing records.  The District may charge for copying these records in accordance with Board policy.

4.         The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:

            a.         One year:

i.          Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;

                        ii.         Records related to the collection process;

                        iii.        Records related to a driver's test results;

                        iv.        Records related to other violations of the law;

                        v.         Records related to evaluations;

                        vi.        Records related to education and training; and

                        vii.       Records related to drug testing.

            b.         Two years:

i.          Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.

                                    c.         Five years:

                                                i.          Alcohol test results of 0.02 BAC and greater;

                                                ii.         Verified positive drug test results;

iii.        Documentation of refusal to take required alcohol and/or drug tests;

                                                iv.        EBT calibration documentation;

                                                v.         Driver evaluation and referrals; and

                                                vi.        Annual calendar year summary.

 

            O.        Pay for Time Spent Testing.

1.         For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;

                        2.         For reasonable suspicion testing, time will be paid pursuant to (1) above;

                        3.         For post-accident testing, time will be paid pursuant to (1) above;

                        4.         For pre-employment testing, no time will be paid;

5.         For time spent in follow-up testing required by the SAP, no time will be paid; and

6.         Drivers will be paid for time spent testing at the pay rate for activity and field trip drivers.

 

            P.         Leave

1.         If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee is granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.

2.         If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:

a.         The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;

b.         Paid days are limited to what the employee has accumulated in sick leave; and

c.         When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.

 

            Q.        Payment for Services

                        1.         The District pays for all testing services.

2.         The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.

3.         The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.

 

R.        The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.

 

S.         Definitions

 

Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

 

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 evidential breath test under the law.

 

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

 

BAC - breath alcohol concentration.

 

Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

 

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. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It is neither a positive nor a negative test.

 

Chain of Custody: - procedures to account for the integrity of each urine or blood 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 account(s) for the sample or samples 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 an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite

that is independent of the initial test and which uses a different technique and chemical principal 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: full­time, 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 District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver 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.

 

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 an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.

 

Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and 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 sensitive functions.

 

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

 

Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.

 

Safety Sensitive Function (SSF) - the period of time commencing 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.

 

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

 

Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

 

Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a 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 Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

 

 

 

 

 

 

Approved: May 18, 2015

Reviewed:  April 24, 2017

                        

Code 404.6E2 Drug and Alcohol Testing Program Acknowledgement Form

Code No. 404.6E2

 

 

Drug and Alcohol Testing Program Acknowledgment Form

 

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

 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, or the law, I may be subject to discipline up to and including termination, or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, if recommended by the substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.

 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, or the law, I may be subject to discipline up to and including termination.  Furthermore, I know and understand that I am required to submit to a controlled substance test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

 

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

 

 

 

 

________________________________________________       _____________________

Signature of Employee                                                                 Date

 

 

 

 

 

 

 

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 404.6E1 Drug and Alcohol Testing Program Notice to Employees

Code No. 404.6E1

 

 

Drug and Alcohol Testing Program Notice to Employees

 

Employees governed by the Drug and Alcohol Testing policy are hereby notified they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

 

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

 

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

 

Employees governed by the Drug and Alcohol Testing policy are further notified that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination, or offered the opportunity to participate in counselling as a condition of continued employment.  If offered, as a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law bear the personal and financial responsibility to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional. Employees who are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.

 

Employees governed by the Drug and Alcohol Testing policy are further notified it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, or the law.

 

Approved:  November 17, 1997

Reviewed:  April 24, 2017

 

 

Revised:  May 18, 2015

Code No. 404.7 Drug and Alcohol Testing Program for Employees Not Required to Possess a Commercial Drivers License

Code No.  404.7

 

 

DRUG AND ALCOHOL TESTING PRORAM FOR EMPLOYEES NOT REQUIRED TO POSSESS A COMMERCIAL DRIVERS LICENSE

 

Statement of Policy

 

In order to foster an appropriate environment for the education of students and to protect the health and safety of employees, it is the policy of the Interstate 35 Community School District that the following conduct is prohibited: (1) the use, sale, offering for sale, or possession of illegal drugs, controlled substances, imitation controlled substances, or counterfeit controlled substances, on the job, on the district’s premises, or in district vehicles; (2) any improper use of “legal” or physician-prescribed drugs on the job, on the district’s premises, or in district vehicles; (3) the use, sale, offering for sale, or possession of alcoholic liquor (beer, wine, or alcohol) on the job, on the district’s premises, or in district vehicles; and (4) being under the influence of illegal drugs or controlled substances, alcoholic liquor (beer, wine, or alcohol) or improperly used prescription drugs on the job, on the district’s premises, or in district vehicles.

 

Application

 

The portions of this policy which pertain to testing (Sections C through M) apply to all individuals who are not required to possess a commercial driver’s license in order to perform the duties of their position.

 

Unless otherwise specified, this policy applies to all district employees, including part-time employees.

 

This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work.  Visitors, vendors, and contractor employees are governed by this policy while on district premises and will not be permitted to conduct business if found to be in violation of this policy.

 

Testing Provisions

 

The district will conduct drug and alcohol testing when the district makes an offer of employment to individuals who are not required to possess a commercial drivers’ license in order to perform the duties of their position.

 

The district may conduct drug and alcohol testing of individuals who are not required to possess a commercial driver’s license in order to perform the duties of their position under the following circumstances:

(1)   Where there is reasonable suspicion of the use of illegal drugs, controlled substances or alcohol,

(2)   When investigating certain workplace injuries, and

(3)   During or after rehabilitation.

 

Definitions

 

As used in this policy, the term “controlled substance” means any substance specified in Schedule I, II, III, IV, or V of the Federal Controlled Substances Act, 21 U.S.C. 801 et. Seq. and published at 21 CFR 1308.11 and 21 CFR 1308.12, and any substance defined as a “controlled substance” by state law.

 

“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol.  The term “alcohol” includes, but is not limited to, beer, wine, liquor, other alcoholic beverages, and medicines containing alcohol (unless the packaging seal is unbroken).     

 

Reasonable Suspicion Testing

 

Any employee who is reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol (that is, having a controlled substance or alcohol in the body) will be suspended from their job duties pending an investigation and verification of their condition.  Employees who are reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol will not be permitted to drive a motor vehicle after they have been suspended.  If the employee has driven a motor vehicle to work, the employee must either make arrangements with another individual to drive their vehicle or must make arrangements for alternative transportation.

 

Employees may be subject to testing when there is reason to believe that an employee is using or has used alcohol or other drugs in violation of the district’s written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.  For purpose of this provision, facts and influences may be based upon, but are not limited to, any of the following:

 

1.      Observable phenomena while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use.

2.      Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

3.      A report of alcohol or other drug use provided by a reliable and credible source.

4.      Evidence that an individual has tampered with any drug or alcohol test during the individual’s employment with the district.

5.      Evidence that the employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on the district’s premises or while operating the district’s vehicle, machinery, or equipment.

 

Reasonable suspicion testing will only be required during, just before, or just after the period of the day when the employee is engaged in work functions.

 

Employees who are required to submit to reasonable suspicion testing will be suspended from their job duties pending an investigation and the report of the tests.  If the test of the employee results in an alcohol concentration of less than .04 and MRO-verified negative test for the use of controlled substances, then the period of suspension will be with pay.  If the test of the employee results in an alcohol concentration of more than .04 or a MRO-verified positive test for the use of controlled substances, then the period of suspension will be without pay.

 

Post-Injury Testing

 

Employees may be subject to testing if they have suffered a work-related injury for which a report could be required under Iowa Code Chapter 85.  Iowa Code Section 85.16(2) provides that worker’s compensation benefits will not be allowed for an injury which was caused by the employee’s intoxication, if the intoxication, was a substantial factor in causing the injury.  In determining whether an employee will be required to submit to post-injury drug test, the district will apply the standards set forth in Part F of this policy (“Reasonable Suspicion Testing”).

 

The employee is permitted to obtain necessary medical attention following an accident, to leave the scene of an accident for the period necessary to obtain necessary emergency medical care, but the employee will be subject to post-injury testing and must remain readily available for testing or the employee will be deemed to have refused to submit to testing.

Alcohol test will be administered as soon as practicable, but no later than 8 hours after the injury.  Tests for controlled substances will be administered as soon as practicable, but no later than 32 hours after the injury.

 

Testing During or After Rehabilitation

 

Employees who have tested positive on a drug or alcohol test and who employment has not been terminated will be subject to testing during, and after completion of, drug or alcohol rehabilitation.  The number, type, and frequency of follow-up tests will be as directed by the substance abuse professional and, unless otherwise recommended, will consist of at least 6 tests in the first 12 months following the employee’s return to duty.

 

Cooperation Required

 

Any individual who refuses to submit to an alcohol or controlled substance test, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution will be subject to disciplinary action.  The phrase “refuses to submit to an alcohol or controlled substance test” means that the individual:

1.      Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, or

2.      Fails to provide adequate urine for controlled substance testing without valid medical explanation after he or she has received notice of the requirements for urine testing, or

3.      Engages in conduct that clearly obstructs the testing process.

 

All employees are encouraged to make use of available resources for treatment of substance abuse problems.  Under certain circumstances, employees may be referred for treatment for substance abuse.  An employee will be subject to disciplinary action for:

1.      A failure or refusal to submit to an evaluation.

2.      A failure or refusal to undergo treatment recommended as a result of an evaluation.

3.      Withdrawal from or a failure to satisfactorily complete the treatment program recommended as a result of evaluation.

4.      Withdrawal from or a failure to satisfactorily participate in an aftercare program, if aftercare is prescribed as a part of treatment.

 

Testing will be conducted in a manner to assure the highest degree of accuracy and reliability by using techniques and laboratory facilities which meet the requirements of the Iowa Department of Health.

 

Confirmatory Testing

 

If the result of the initial test is an alcohol concentration of .04 or greater or if the result of the initial test is positive for the presence of a controlled substance, a confirmatory test must be performed. The confirmatory test will use a different chemical process than was used in the initial screen for drugs or alcohol.  The confirmatory drug or alcohol test will be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method.

 

Employee Requested Testing

 

If a confirmed positive drug or alcohol test for a current employee is reported to the district by the medical review officer, the district will notify the employee in writing by certified mail, return receipt requested, of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee’s choice, and the fee payable by the employee to the district for reimbursement of expenses concerning the test.  The fee charged an employee will be an amount that represents the costs associated with conducting the second confirmatory test, which will be consistent with the district’s cost for conducting the initial confirmatory test on an employee’s sample. 

 

If the employee, in person or by certified mail, return receipt requested, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays the district the fee for the test within seven days from the date the district mails by certified mail, return receipt requested, the written notice to the employee of the employee’s right to request a test, a second confirmatory test will be conducted at the laboratory chosen by the employee.  The results of the second confirmatory test will be reported to the medical review officer who reviewed the initial confirmatory test results and the medical review officer will review the results and issue a report to the district on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of a specific drug or alcohol.  If the results of the second test do not confirm the results of the initial confirmatory test, the district will reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test will not be considered a confirmed positive drug or alcohol test for purposes of taking disciplinary action. 

 

If a confirmed positive drug or alcohol test for prospective employee is reported to the district by the medical review officer, the district will notify the prospective employee in writing of the results of the test, of the name and address of the medical review officer who made the report, and of the opportunity for the prospective employee to request records. 

 

Consequences for Violations

 

If the test of an individual who is applicant for employment results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater, the applicant will not be eligible for employment.

 

Disciplinary action, including termination of employment, may be taken against employees for any of the following reasons:

1.      A violation of any provision of Board Policy.

2.      If the test of the employee results in a Medical Review Officer (MRO)-verified positive for the use of controlled substances or an alcohol concentration of .04 or greater.

3.      A failure or refusal to submit to testing

4.      A failure or refusal to submit to an evaluation.

5.      A failure or refusal to undergo treatment recommended as a result of evaluation.

6.      Withdrawal from or a failure to satisfactorily complete the treatment program recommended as a result of an evaluation.

7.       Withdrawal from or a failure to satisfactorily participate in an aftercare program, if aftercare is prescribed as a part of treatment.

 

Payment for Evaluation and Treatment

 

The district’s responsibility for the cost of any evaluation, treatment, or counseling will be limited to the benefits provided by the district’s health insurance plan for such evaluation, treatment, or counseling.

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 22, 2010

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 404.8 Employee Family and Medical Leave

Code No.  404.8

 

Employee Family and Medical Leave

 

Unpaid family and medical leave will be granted up to twelve (12) weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as a twelve (12) month period measured backward from the date an employee uses any family and medical leave.  Requests for family and medical leave shall be made to the superintendent.

 

Paid leave available to the employee will run concurrently with the family and medical leave, as outlined 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.

 

Employees shall be required to complete all necessary family and medical leave act documentation in order for any leave to be approved as family and medical leave.  The required documentation shall be as outlined in this policy and as required by the Department of Labor.  All documentation and forms shall be made available in the administrative offices of each building.

 

The requirements stated in the master contract between employees in a certified collective bargaining unit and the board regarding family and medical leave of such employees and the requirements stated in any other contract, collective or individual between any employees and the board and/or district regarding family and medical leave of such employees will be followed.  This policy provision, as well as all policy provisions, concerning family and medical leave may be applied differently to classified, non-classified, licensed, non-licensed, and other classifications of employees.

 

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

 

 

Code No. 404.8R1 Family and Medical Leave Regulation

Code No. 404.8R1

1 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

A.        District Notice.

 

            1.    The school district will post the family and medical leave notice 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 district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

 

                   a.     a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;

 

                   b.    a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;

 

                   c.     an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the district requires substitution of paid leave and the conditions related to the substitution; and

 

                   d.    a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

 

B.         Eligible employees.

 

            1.    Employees are eligible for family and medical leave if three criteria are met.

 

a.     The district has more than fifty (50) employees on the payroll at the time leave is requested;

 

b.    The employee has worked for the school district for at least twelve (12) months or fifty-two (52) weeks (the months and weeks need not be consecutive); and

 

c.     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.

 

2.   If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.

 

 

 

 

 

 

Code No. 404.8R1

2 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

C.      Employee Requesting Leave (two types of leave)

 

          1.       Foreseeable family and medical leave.

 

                   a.       Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

 

                   b.       Employee must give at least thirty (30) days' notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty (30) days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.

 

                   c.       Employees must consult with the district prior to scheduling planned medical treatment leave to minimize disruption to the district.  The scheduling is subject to the approval of the health care provider.

 

          2.       Unforeseeable family and medical leave.

 

                   a.       Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

 

                   b.       Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

 

                   c.       A spouse or family member may give the notice if the employee is                       unable to personally give notice.

 

D.      Eligible family and medical leave determination.

 

          1.       The following is a list of the acceptable purposes for family or medical leave:

 

                   a.       The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

 

                   b.       The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

 

                   c.       To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition;

 

                   d.       Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

 

e.      Because of a qualifying exigency arising out of the fact that an employee’s spouse, son or daughter or 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; or

 

 

 

 

Code No. 404.8R1

3 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

f.      Because the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.

 

2.     The district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

 

3.         Medical certification.

 

                   a.       When required:

 

                             i.        Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job;

 

                             ii.       Employees may 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; and/or

 

                             iii.      Employees may be required to present certification of the call to active duty when taking military family medical leave.

 

                   b.       Employee's medical certification responsibilities:

 

                             i.        The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

 

                             ii.       The district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the district if the district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the district on a regular basis.

 

                             iii.      If the second health care provider disagrees with the first health care provider, then the 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 district and paid for by the district.  This certification or lack of certification is binding upon both the employee and the district.

 

                   c.       Medical certification will be required fifteen (15) days after family and medical leave begins unless it is impracticable to do so.  The district may request recertification every thirty (30) days.  Recertification must be submitted within fifteen (15) days of the district's request.

 

d.      Employees taking military caregiver and family medical leave to care for a family service member cannot be required to obtain a second opinion or to provide certification.

 

 

 

 

 

Code No. 404.8R1

4 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

                   e.       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.

 

E.      Entitlement.

 

          1.       Employees are entitled to twelve (12) 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 twenty-six (26) weeks of unpaid family and medical leave but only in a single twelve (12) month period.

 

          2.       Year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave.

 

          3.       If insufficient leave is available, the school district may:

 

                   a.       Deny the leave if entitlement is exhausted;

 

                   b.       Award leave available; and/or

 

                   c.       Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

 

F.       Type of Leave Requested.

 

          1.       Continuous - employee will not report to work for set number of days or weeks.

 

          2.       Intermittent - employee requests family and medical leave for separate periods of time.

 

                   a.       Intermittent leave is available for:

 

                             i.        the birth or adoption of the employee’s child or foster care placement subject to agreement by the district;

 

                             ii.       the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;

 

                             iii.      a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter or the employee’s parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard Reserves; and/or

 

                             iv.      the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.

 

                   b.       In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the district’s operations.

 

 

 

 

Code No. 404.8R1

5 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

                   c.       During the period of foreseeable intermittent leave, the district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

          3.       Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

 

                   a.       Reduced work schedule family and medical leave is available for:

 

                             i.        the birth or adoption of the employee’s child or foster care placement subject to agreement by the district;

 

                             ii.       the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;

 

                             iii.      a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter or the employee’s parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard of Reserves; and/or

 

                             iv.      the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness

 

                   b.       In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the district’s operations.

 

                   c.       During the period of foreseeable reduced work schedule leave, the district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

G.      Special Rules for Instructional Employees.

 

          1.       Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors, and special education assistants.

 

          2.       Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent (20%) of the work days in the leave period may be required to:

 

                   a.       Take leave for the entire period or periods of the planned medical treatment; or

 

                   b.       Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

 

          3.       Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.

 

 

Code No. 404.8R1

6 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

                   a.       If an instructional employee begins family and medical leave for any purpose more than five (5) weeks before the end of a semester, the district may require that the leave be continued until the end of the semester if the leave will last at least three (3) weeks and the employee would return to work during the last three (3) weeks of the semester if the leave was not continued.

 

                   b.       If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five (5) weeks of a semester, the district may require that the leave be continued until the end of the semester if the leave will last more than (2) two weeks and the employee would return to work during the last two (2) weeks of the semester.

 

                   c.       If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three (3) weeks of the semester and the leave will last more than five (5) working days, the district may require the employee to continue taking leave until the end of the semester.

 

          4.       The entire period of leave taken under the special rules is credited as family and medical leave.  The district will continue to fulfill the district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

H.      Employee responsibilities while on family and medical leave.

 

          1.       Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

 

          2.       The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the district at a time set by the superintendent.

 

          3.       An employee who fails to make the health care contribution payments within thirty (30) days after they are due will be notified that their coverage may be canceled if payment is not received within an additional (15) fifteen 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 (30) days and return the certification within fifteen (15) days of the request.

 

          5.       The employee must notify the district of the employee's intent to return to work at least once each month during their leave and at least two (2) 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 district, in writing, of the employee's intent not to return.  The district will cease benefits upon receipt of this notification.

 

 

 

 

Code No. 404.8R1

7 of 7

 

FAMILY AND MEDICAL LEAVE REGULATION

 

I. Use of paid leave for family and medical leave.

 

1.         An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.

 

2.         An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.

 

3.         An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.

 

4.         An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for prior to the first anniversary of the placement of a child with the employee for adoption or foster care is unpaid.

 

5.         When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  May 18, 2015

Reviewed:  April 24, 2017           

 

404.8E1 FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 

Code No. 404.8E1

 

FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 

 

 

 

 

 

 

Basic Leave Entitlement        

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

•  for incapacity due to pregnancy, prenatal medical care or child birth;

•  to care for the employee’s child after birth, or placement for adoption or foster care;

•  to care for the employee’s spouse, son, daughter, or parent, who has a serious health condition; or

•  for a serious health condition that makes the employee unable to perform the employee’s job.

 

Military Family Leave Entitlements 

Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies.  Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

 

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.  A covered service member is (1) 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*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

 

*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.

 

Benefits and Protection                     

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

 

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

 

Job Eligibility Requirements 

Employees are eligible if they have worked for a covered employer for at least 12 months, for 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.

 

*Special hours of service eligibility requirements apply to airline flight crew employees.

 

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

 

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

 

Use of Leave  

An employee does not need to use this leave entitlement in one block.  Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

 

Employee Responsibilities                                      

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.  When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

 

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

 

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.

 

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

 

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

•  interfere with, restrain, or deny the exercise of any right provided under FMLA;

•  discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

 

Enforcement                                                              

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

 

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

 

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.  Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.

 

For additional information:

1-866-4US-WAGE (1-866-487-9243)

TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

 

U.S. Department of Labor

Wage and Hour Division

WHD Publication 1420

Revised February 2013

                                                                                                                       Reviewed April 24, 2017

 

404.8E2 Family and Medical Leave Request Form

Code No. 404.8E2

 

FAMILY AND MEDICAL LEAVE REQUEST FORM

 

Date:   ______________________________________                                               

 

I,                                                        , request family and medical leave for the following reason:  (check all that apply)

 

                   for the birth of my child;

                   for the placement of a child for adoption or foster care;

                   to care for my child who has a serious health condition;

                   to care for my parent who has a serious health condition;

                   to care for my spouse who has a serious health condition; or

                   because I am seriously ill and unable to perform the essential functions of my                                                           position.

       _______   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.

 

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.

 

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

 

I request that my family and medical leave begin on                                     and I request leave as follows:  (check one)

 

                 continuous

 

       I anticipate that I will be able to return to work on                                         .

      

                 intermittent leave for the:

 

        __  birth of my child or adoption or foster care placement subject to agreement by the district

                                              __            serious health condition of myself, parent, or child when medically necessary

______  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.

 

              Details of the needed intermittent leave:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________                                                                                                                                    

 

 

 

 

 

Code No. 404.8E2

 

FAMILY AND MEDICAL LEAVE REQUEST FORM

 

I anticipate returning to work at my regular schedule on                                    .

 

                 reduced work schedule for the:

        __  birth of my child or adoption or foster care placement subject to agreement by the 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.

 

                        Details of needed reduction in work schedule as follows:

 

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________                                                                                                                                    

 

I anticipate returning to work at my regular schedule on                                    .

 

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.

 

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions shall be deducted from moneys owed me during the leave period.  If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.

 

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.

 

I acknowledge that the above information is true to the best of my knowledge.

 

Signed                                                                                    

 

Date                                     

 

Approved:  May 18, 2015    

Reviewed:  April 24, 2017        

Code No. 404.8R2 Family and Medical Leave Definitions

Code No. 404.8R2

1 of 3

 

FAMILY AND MEDICAL LEAVE DEFINITIONS

 

Common law marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

 

Continuing treatment by a health care provider - one or more of the following:

 

•   The employee or family member in question is treated two or more times for the injury or illness by a health care provider.  Normally this would require visits to the health care provider or to a nurse or physician's assistant under direct supervision of the health care provider.

•   The employee or family member is treated for the injury or illness two or more times by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or is treated for the injury or illness by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider--for example, a course of medication or therapy--to resolve the health condition.

•   The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured.  Examples include persons with Alzheimer's, persons who have suffered a severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment.

 

Eligible Employee-the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

 

Essential Functions of the Job-those functions which are fundamental to the performance of the job.  It does not include marginal functions.

 

Employment benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy or 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 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

 

 

 

 

Code No. 404.8R2

2 of 3

 

FAMILY AND MEDICAL LEAVE DEFINITIONS

 

•   Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

•   Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

 

In loco parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

 

Incapable of self-care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or ""ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming, and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

 

Instructional employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional 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 for periods from an hour or more to several weeks.

 

"Needed to Care For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

 

Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

 

Physical or mental disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

 

Reduced leave schedule-a leave schedule that reduces the usual number of hours per work week, or hours per workday, of an employee.

 

Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:

•   Any period of incapacity or treatment in connection with or consequent to impatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;

•   Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or

 

 

 

Code No. 404.8R2

3 of 3

 

FAMILY AND MEDICAL LEAVE DEFINITIONS

 

•   Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; and for prenatal care.

•   Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) which are not medically necessary are not "serious health conditions," unless inpatient hospital care is required.  Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Treatments for allergies or stress, or for substance abuse, are serious health conditions if all the conditions of the regulation are met.  Prenatal care is included as a serious health condition.  Routine preventive physical examinations are excluded.

 

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

 

Spouse-a husband or wife recognized by Iowa law including common law marriages.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  May 18, 2015   

Reviewed:  April 24, 2017         

 

 

Code No. 404.8E1 Family and Medical Leave Notice to Employees

Code No. 404.8E1
 
FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 

 

 

 

 

 
 

Basic Leave Entitlement        

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
•  for incapacity due to pregnancy, prenatal medical care or child birth;
•  to care for the employee’s child after birth, or placement for adoption or foster care;
•  to care for the employee’s spouse, son, daughter, or parent, who has a serious health condition; or
•  for a serious health condition that makes the employee unable to perform the employee’s job.
 

Military Family Leave Entitlements 

Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies.  Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
 
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.  A covered service member is (1) 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*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
 
*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.
 

Benefits and Protection                     

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
 
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
 

Job Eligibility Requirements 

Employees are eligible if they have worked for a covered employer for at least 12 months, for 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.
 
*Special hours of service eligibility requirements apply to airline flight crew employees.
 

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
 
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
 

Use of Leave  

An employee does not need to use this leave entitlement in one block.  Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
 

Employee Responsibilities                                      

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.  When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
 
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
 

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
 
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
 

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:
•  interfere with, restrain, or deny the exercise of any right provided under FMLA;
•  discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
 
Enforcement                                                              
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
 
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
 
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.  Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.
 
For additional information:
1-866-4US-WAGE (1-866-487-9243)
TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
 
U.S. Department of Labor
Wage and Hour Division
WHD Publication 1420
Revised February 2013
 

Code No. 404.8E2 Family and Medical Leave Request Form

Code No. 404.8E2
 
FAMILY AND MEDICAL LEAVE REQUEST FORM
 
Date:   ______________________________________                                               
 
I,                                                        , request family and medical leave for the following reason:  (check all that apply)
 
                   for the birth of my child;
                   for the placement of a child for adoption or foster care;
                   to care for my child who has a serious health condition;
                   to care for my parent who has a serious health condition;
                   to care for my spouse who has a serious health condition; or
                   because I am seriously ill and unable to perform the essential functions of my                                                                    position.
       _______   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.
 
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
 
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
 
I request that my family and medical leave begin on                                     and I request leave as follows:  (check one)
 
                 continuous
 
       I anticipate that I will be able to return to work on                                         .
      
                 intermittent leave for the:
 
        __  birth of my child or adoption or foster care placement subject to agreement by the district
                                              __            serious health condition of myself, parent, or child when medically necessary
______  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.
 
              Details of the needed intermittent leave:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________                                                                                                                                    
 
 
 
 
 
Code No. 404.8E2
 
FAMILY AND MEDICAL LEAVE REQUEST FORM
 
I anticipate returning to work at my regular schedule on                                    .
 
                 reduced work schedule for the:
        __  birth of my child or adoption or foster care placement subject to agreement by the 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.
 
                        Details of needed reduction in work schedule as follows:
 
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________                                                                                                                                    
 
I anticipate returning to work at my regular schedule on                                    .
 
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
 
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions shall be deducted from moneys owed me during the leave period.  If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
 
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
 
I acknowledge that the above information is true to the best of my knowledge.
 
Signed                                                                                    
 
Date                                     
 
Approved:  May 18, 2015                 

Code No. 404.9 Employee Anti-Harassment

Code No. 404.9

 

 

Employee Anti-Harassment

 

Harassment of or by district employees will not be tolerated in the school district.  School district includes school district facilities, school district premises, and nonschool property if the employee is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where the employee is engaged in school business.

 

Harassment includes, but is not limited to that based upon perceived or actual race, religion, national origin, sex, color, national origin, religion, creed, age, marital/parental status, sexual orientation, gender identity, physical attributes, physical or mental disability, ancestry, political party preference, political belief or socioeconomic status of familial status.  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 shall 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 shall 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 shall confer with the complainant to obtain an understanding and a statement of the facts.  It shall be the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who shall complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding an investigation of harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process.

 

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

 

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

 

This policy and accompanying regulations shall only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.

 

 

 

 

Approved:  November 17, 1997

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

 

 

Code No. 404.9E1 Harassment Complaint Form

Code No. 404.9E1

                                                                       

 

Harassment Complaint Form

 

Name of complainant:_______________________________________________________

 

Position of complainant:________________________________________________________________________                                                      

 

Date of complaint:________________________________________________________________________                                                            

 

Name of alleged harasser:____________________________________________________

 

Date and place of incident or incidents:________________________________________________________________________                                                                             

 

Description of misconduct:________________________________________________________________________                                                                                               

 

Name of witnesses (if any):________________________________________________________________________                                                                                      

 

Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible):       

________________________________________________________________________

________________________________________________________________________

 

Any other information:_______________________________________________________

                          

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

 

Signature:________________________________________________________________

 

Date:________________________________

 

 

Reviewed:  May 18, 2015  

Reviewed:  April 24, 2017    

Code No. 404.9E2 Witness Form

 Code No. 404.9E2

                                                                       

 

Witness Form

 

Name of witness:________________________________________________________________________                                                                

 

Position of witness:________________________________________________________________________                                                           

 

Date of testimony, interview:________________________________________________________________________                                                

 

Description of instance witnessed:____________________________________________

________________________________________________________________________

                                                                                                                                           

Any other information:_____________________________________________________

____________________________________________                                                                                                    

 

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

 

Signature:_______________________________________________________________

 

Date:_______________________________

 

 

 

 

 

 

 

 

 

 

 

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 404.9R1 Harassment Investigation Procedures

Code No. 404.9R1

 

Harassment Investigation Procedures

 

COMPLAINT PROCEDURE

An employee who believes that they have been harassed shall notify the Administrator that is not the immediate supervisor, the designated investigator.  The alternate investigator is Building Administrator that is the immediate supervisor.  The investigator may request that the employee 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 shall be 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 shall reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator shall 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 shall 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 or other appropriate sanctions.

 

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 shall file a written report closing the case.  The complainant, the alleged harasser and the investigator shall 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 or receive other appropriate sanctions.

 

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be the investigator.  If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent’s place in the investigation process.  The alternate investigator shall report the findings to the board.

Approved:  November 17, 1997 Revised:  May 18, 2015

Reviewed:  April 24, 2017

Code No. 405.1 Substitute Teachers

                                                                                                                                         Code No. 405.1

 

Substitute Teachers

 

The board recognizes the need for substitute teachers.  Substitute teachers shall be licensed to teach in Iowa.

 

Before substitute teachers can be employed as substitutes for regular contracted licensed employees, they must provide the district with proof of a physical to include the results of a TB test.  The initial physical cost will be the responsibility of the substitute teacher. 

 

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 of $_____.  Substitutes employed for 5 or more consecutive days in the same position shall be paid at base pay after the 5th day. Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

Code No. 405.2 Summer School Licensed Employees

Code No.  405.2

 

 

Summer School Licensed Employees

 

It shall be within the discretion of the board to offer an education program during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program shall be compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee’s compensation for the year.

 

Should the board determine a summer education program is necessary, licensed employees shall be given the opportunity to volunteer for the positions available.  If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position.  The board will consider applications from volunteers of current licensed employees in conjunction with other applications.

 

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

 

 

 

 

Code No. 405.3 Truancy Officer

Code No. 405.3

                                                                       

 

Truancy Officer

 

The board shall appoint a licensed employee from each school building to serve as the building’s truancy officer.

 

The principal shall notify the truancy officer when a student is truant.  The truancy officer shall investigate the cause of a student’s truancy and attempt to ensure the student’s attendance.  The truancy officer may take the student into custody.  A student taken into custody shall be placed in the custody of the principal.  The truancy officer shall attempt to contact the student’s parents when the student is taken into custody.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

 

Reviewed:  April 24, 2017

 

Code No. 406.1 Transporting of Students by Employees

Code No.  406.1

 

 

Transporting of Students by Employees

 

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

 

Employees who transport students for school purposes must have the permission of the superintendent or the superintendent’s designee and must further provide to the superintendent or the superintendent’s designee, for copying, a current driver’s license and proof of insurance.

 

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:  November 17, 1997

                                   

Revised May 18, 2015

Reviewed:  April 24, 2017

 

 

Code No. 406.2 Employee Conduct and Appearance

Code No.  406.2

 

 

Employee Conduct and Appearance

 

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 shall conduct themselves in a professional manner.  Employees shall 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 shall follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

 

It shall be the responsibility of the building principal to counsel employees assigned to their attendance center on appearance and conduct when the employee’s individual appearance may have a negative impact on the learning environment.  Employees who do not follow this policy shall be subject to disciplinary action, up to and including termination.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Reviewed:  April 24, 2017

 

 

Code No. 406.3 Employee Conflict of Interest

Code No. 406.3

 

 

Employee Conflict of Interest

 

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

 

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

 

Employees shall not act as an agent or dealer for the sale of textbooks or other school supplies.  Employees shall 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 shall 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 shall also be a conflict of interest for an employee to engage in any outside employment or activity, which is in conflict with the employee’s official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall 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.

 

It shall be 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:  November 17, 1997

 

Reviewed:  April 24, 2017

 

 

Code No. 406.3E1 Application by School District Employee to Sell Goods or Services to the School District

Code No. 406.3E1

 

 

Application by School District Employee

to Sell Goods or Services to the School District

 

Name_____________________________________ Home Phone___________________

Address_________________________________________________________________

Name of job employee performs for the school district_____________________________

Describe scheduled employment hours_________________________________________

 

Part I:  Goods or services employee hopes to sell to employees of the school district_____
________________________________________________________________________            

(Any employee who is selling to fellow employees is forbidden to solicit sales to fellow employees during the work day of the salesperson or during the work day of the employed.)

 

Part II:  Goods or services employee hopes to sell to the school district________________

________________________________________________________________________

________________________________________________________________________

 

Will items be bid? yes_________ no__________

 

Will employee use school facilities to perform services? yes________ no________

 

If yes, describe how facilities are to be used _____________________________________

________________________________________________________________________

 

Describe time of use of facilities:______________________________________________

 

If employee plans to sell items to the school district, identify hours when this will be done

________________________________________________________________________

 

I hereby request permission to do business with the school either to sell goods to the school or to sell services to the school.

Signature                                                                                 

 

Application approved with the following stipulations______________________________

________________________________________________________________________

Superintendent's Signature                                                      

 

Application denied_________ Superintendent's Signature___________________________

 

Reviewed:  April 24, 2017

Code No. 406.4 Nepotism

Code No. 406.4

 

 

Nepotism

 

Nepotism is patronage bestowed or favoritism shown on the basis of family relationship.  More than one family member may be an employee of the district.  The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications and credentials.

 

No district employee shall be involved in hiring a family member.  No district employee shall serve in a supervisory capacity over one of their family members employed by the district.  No district employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.

 

Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers-in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  May 18, 2015

Reviewed:  April 24, 2017

 

Uploaded Files: 

Code No. 406.5 Gifts to Employees

Code No. 406.5

 

 

Gifts to Employees

 

Employees may receive a gift on behalf of the school district.  Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of “restricted donor” stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.  However, employees may receive nonmonetary gifts of a value less than $3.00 if the donor does not intend to influence the employee's professional judgment.

 

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

1.      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;

2.      Is engage in activities which are regulated or controlled by the school district;

3.      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 effort 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

4.      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:

 

1.      Contributions to a candidate or a candidate’s committee;

2.      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;

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

4.      An inheritance;

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

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

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

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

9.      Food and beverages provided at a meal that is part of a bona fide event or program at which the recipient is being honored for public service;

10.  Non-monetary items with a value of less than three dollars that are received from any one donor during one calendar day;

11.  Items or services solicited or given to a state, national or regional organization in which 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;

12.  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 or state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

13.  Funeral flowers or memorials to a church or nonprofit organization;

14.  Gifts which are given to an employee for the employee’s wedding or twenty-fifth or fiftieth wedding anniversary;

15.  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;

16.  Gifts of food, beverages, travel, or lodging received by a public official or public employee if all of the following apply: (1)  the public official or public employee is officially representing an agency in a delegation whose sole purpose is to attract a specific new business to locate in the state, encourage expansion or retention of an existing business already established in the state, or to develop markets for Iowa businesses or products; (2)  the donor of the gift is not the business or businesses being contacted; and (3)  the public official or public employee plays a significant role in the presentation to the business or businesses on behalf of the public official’s or public employee’s agency.

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

18.  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:

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

2.      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

3.      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 shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.  An employee who violates this policy may be subject to disciplinary action up to and including termination.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

 

Revised: May 18, 2015

Reviewed: April 24, 2017

Code No. 406.7 Employee Political Activity

Code No.  406.7

 

 

Employee Political Activity

 

Employees shall 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 up to and including termination.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

Code No. 406.8 Licensed Employee Tutoring

Code No.  406.8

 

 

Licensed Employee Tutoring

 

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor.  Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

 

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

 

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Reviewed: April 24, 2017

 

 

Code No. 407.1 District Landline and Cellular Telephone Usage

Code No.  407.1

Page 1 of 2

 

 

District Landline and Cellular Telephone Usage

 

The District provides telephones to employees because communication is essential for the performance of their duties, especially in times of emergency or when addressing safety issues.

 

The landline telephones provided by the district to employees are to be used primarily for school business.  Employees may use land line telephones for personal business, provided such personal use is limited in frequency and duration and does not interfere with the performance of an employee’s job.  Landline telephones are provided at district expense.  Employees are not charged for local calls but are charged for all personal long distance toll calls.

 

Certain employees are required to perform work outside of their offices or assigned work spaces, outside of the district, or outside of the district’s regular business hours.  It is important to the mission of the district to provide for communication with these employees when they are not in their offices.  Telephone communication is greatly enhanced by the use of cellular telephones.  With a cellular telephone, an employee may receive and respond to calls regardless of the time of day or the employee’s location and retrieve and respond to messages in the district’s voice mail system.

 

The billing for cellular telephone service includes charge for all calls that are transmitted or received by the cellular telephone, including unsolicited and misdirected calls, and local and long distance calls.  Itemized bills are prepared for all cellular telephones listing all calls made or received by a cellular telephone within a billing cycle by date, time, location, and duration.  Roaming charges are listed by date, time, location, duration, and roaming service provider.  The district’s policy concerning cellular telephones is as follows:

 

The district will issue cellular telephones for personal calls subject to the same restrictions that are imposed on landline telephones.

 

If the number of minutes charged to a cellular telephone exceeds the monthly time allotted for the service plan, the employee must reimburse the district for personal calls that exceed the monthly time allotted.  The accounting department will send every cellular telephone user a monthly statement.  Cellular telephone users must send a check to the Business Office made payable to Interstate 35 Community School District for the monthly fee and any additional personal charges (roaming and excess time).  Payment is due upon receipt of the cellular telephone statement.

 

           

Page 2 of 2

 

 

District Landline and Cellular Telephone Usage (Cont.)

 

If a cellular telephone assigned to an employee is lost, damaged or is malfunctioning, the Business Office must be notified immediately.  Employees who fail to notify the Business Office immediately of a lost telephone may be responsible for all unauthorized calls made from their assigned cellular telephone.

 

The district will not reimburse employees for business use of their own cellular telephone.  Employees are encouraged to use their office telephone for business telephone calls.  Employees who have a personal cellular telephone are not expected to use that telephone for district business.

 

The Superintendent or his/her designee is authorized to review the use of district-issued cellular telephones by employees and to revoke the privilege of using a district-issued cellular telephone if it is determined that the cellular telephone is being used primarily for personal business or is being used in any other manner which is contrary to district policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 2008

 

Reviewed:  April 24, 2017

Code No. 407.2 Employee Use of District Credit Cards

Code No.  407.2

 

 

Employee Use of District Credit Cards

 

District credit cards may be issued and/or made available to employees and officers only for the time period and purpose for which they are needed.  The district’s administration, in consultation with the board, will determine which employees and officers will be issued and/or provided use of district credit cards and the time period that they are needed.  Prior to issuing and/or providing use of a district credit card to an employee or officer, the employee or officer will be instructed regarding the use of district credit cards and they will provide a written acknowledgement that they understand their responsibilities in regard to the use of district credit cards.  Employees and officers will turn district issued and/or provided credit cards back to the district at the end of the time period for which they have been issued and/or provided or upon separation of employment.  Use of district issued credit cards is a privilege and the superintendent may withdraw the privilege of using district issued credit cards at any time.

 

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.  However, purchase orders shall be used whenever possible, along with school issued checks, and credit cards used only when the business will not accept a school purchase order.

 

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 shall make the employee responsible for expenses incurred.  Those expenses shall be 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 shall be 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 shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business.  It shall be 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.

 

Failure to adhere to the credit card policy and regulations may subject the employee to disciplinary action being taken.  Chronic or very serious misconduct regarding this policy and regulations shall subject the staff to more serious disciplinary action being taken, which may include suspension and/or termination of employment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

Code No. 407.2R1 Employee Use of District Credit Cards Regulations

 Code No.  407.2R1

                                                                       

 

Employee Use of District Credit Cards Regulations

 

Employees must adhere to the following guidelines in using an Interstate 35 Community School District Credit Card:

 

(1)   Present a completed purchase order to the Central Office Staff.

 

(2)   The District credit card check-out form must be completed by the staff person and two Central Office Staff Members must sign the form also.

 

(3)   The staff member must return the District credit card, including the receipt(s) attached to the purchase order, upon return to the District.  If the time of the return to the District is during a time when the office is closed, the credit card and receipts/purchase order must be returned by 8:00 A.M. the next day that school is in session.

 

(4)   Upon returning the District credit card, the staff member must have receipts attached to the purchase order.  The staff member must sign the check-out form as having returned the credit card and two Central Office Staff Members must also sign the form as having the credit card returned to the office.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  April 12, 2010

 

Revised: May 18, 2015

Reviewed:  April 24, 2017

 

Code No. 407.3 Employee Travel Compensation

Code No.  407.3

 

 

Employee Travel Compensation

 

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses.  Actual and necessary travel expenses shall include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.  Mileage claims will be documented on a monthly basis on forms provided for the purpose.  Mileage claims must be submitted no later than June 10 for the previous school year.

 

Travel Outside the School District

 

Travel outside of the school district must be pre-approved.  Pre-approval shall 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, shall be 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 - including the date, the amount, the items purchased, 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 shall be maintained as part of the school district’s record of the claim.  Failure to have a detailed receipt shall make the expense a personal 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 shall be limited to the actual cost of the registration.  For meal expenses, a maximum limit of $30 per day for in-state travel and $45 per day for out-of-state travel is allowed.  Alcoholic beverages are not allowable expenses for reimbursement.

                                                                                                

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office shall be by school vehicle.  In the event a staff member requests a school vehicle and one is not available, the employee may submit appropriate documentation and be reimbursed 35 cents ($0.35) per mile.

 

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 35 cents ($0.35) per mile.  In-district mileage approved by the appropriate person shall be computed from the employee’s first duty station, on any day, to subsequent work stations.  It shall be the responsibility of the superintendent to approve travel within the school district by employees.  It shall be the responsibility of the board to review the travel within the school district by the superintendent through the board’s audit and approval process.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

 

427.2 Family and Medical Leave Request Form

427.3 Family and Medical Leave Request Regulation

427.4 Family and Medical Leave Definitions

Code No. 407.4 Expenditures for Public Purpose

Code No. 407.4

                                   

 

Expenditures for Public Purpose

 

The board of directors recognizes and supports the principle that district funds are to be expended only for legitimate public purposes and not for private personal gain for which services of comparable value have not been rendered to the district.  The board of directors, therefore, believes it is important to designate those expenditures for officers, directors, employees, and volunteers, which are, in addition to salaries and benefits, authorized and legitimate expenses which serve a legitimate public purpose.

 

The board of directors authorizes the expenditure of district funds for district officers, directors, employees, and volunteers for the following purposes as these are commonly-granted benefits for employees and volunteers in public and private organizations which aid in recruitment of personnel, promote improvement of staff morale and cooperation, and assist in building a commitment to the district, thus assisting in creating a more productive learning environment:

 

1.                  To purchase items that will be used for student incentives,

 

2.                  Expenditures for a retirement appreciation function once per year to recognize retiring employees,

 

3.                  Expenditures for a recognition item upon the retirement of an employee,

 

4.                  Expenditures for a recognition item upon the end of service by a board member,

 

5.                  Expenditures for a volunteer appreciation,

 

6.                  Expenditures for food items and refreshments for board members and staff during board meetings or work sessions,

 

7.                  Expenditures for food items and refreshments for board committees or superintendent committees during meetings,

 

8.                  Expenditures for food items and refreshments for staff development (inservice) meetings, late start meetings, and committee meetings.

 

 

 

 

 

Approved:  October 15, 2007

 

Reviewed:  April 24, 2017

Code No. 408.1 Employee Resignation

Code No. 408.1      

Page 1 of 2

 

 

EMPLOYEE RESIGNATION

 

 

Licensed Employees

 

A.    Resignation Prior to Executing an Individual Contract

 

A licensed employee who wishes to resign from his/her continuing contract prior to executing an individual contract for the following year shall submit a written resignation to the superintendent.  The resignation shall be in writing and shall state the employee’s intent to resign and final date of employment.  The licensed employee shall ensure the resignation is filed with the board secretary.    The resignation must be filed not later than the last day of the current school year or the date specified by the board for return of the contract, whichever date occurs first.

 

B.     Resignation after Executing an Individual Contract

 

The board expects that all signed, fully executed contracts with licensed employees will be performed as stated.  Release from a fully executed contract following a resignation request from a licensed employee is at the sole discretion of the board.

 

A licensed employee who wishes to resign from his/her continuing contract after executing an individual contract shall give thirty (30) days written days’ notice to the board secretary.  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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

 

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed will be required to pay the board the cost of advertising for a suitable replacement.  Upon written mutual agreement between the employee and the superintendent or, in the case of the superintendent, a designee of the board, the costs may be deducted from the employee’s salary.  Payment of these costs shall be a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses will result in the employee not being released from the employee’s contract.

 

The superintendent is authorized to file a complaint with the Iowa Board of Educational Examiners against any licensed employee who leaves their employment with the district without proper release from their contract from the board.  Should such an instance arise, the resignation of the licensed employee may be accepted under protest so that replacement staff may be hired without jeopardizing the legal rights of the district.

 

The board may require a licensed employee 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, but unsuccessful, effort to find a replacement and the licensed employee is continuing to be employed by the district.

 

 

 

 

Code No. 408.1      

Page 2 of 2

 

 

EMPLOYEE RESIGNATION

 

Non-Licensed Employees

 

A non-licensed employee who wishes to resign shall submit a written resignation to the superintendent or the superintendent’s designee.  The resignation shall be in writing and shall state the employee’s intent to resign and the final date of employment.  The resignation must be submitted not later than thirty (30) days prior to the final date of employment.

 

The superintendent or the superintendent’s designee will refer the resignation to the board with a recommendation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  May 18, 2015  

Reviewed:  April 24, 2017          

Code No. 408.2 Employee Suspension

Code No.  408.2

 

 

EMPLOYEE SUSPENSION

 

 

Employees will perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend an 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 an employee with or without pay.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reviewed:  April 24, 2017

 

Code No. 409.1 Employee Publication or Creation of Materials

Code No.  409.1

 

 

Employee Publication or Creation of Materials

 

Materials created by employees and the financial gain there from shall be the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the employee’s employment.  The employee must seek prior written approval of the superintendent concerning such activities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017

 

 

Code No. 409.2 Recognition for Service of Employees

Code No.  409.2

 

 

Recognition for Service of Employees

 

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 shall seek prior approval from the board.

 

When an employee leaves after ten years of service to the district, they will receive a plaque commemorating their service to the district.  After twenty years of service to the district, the employee will receive a clock plaque.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  November 17, 1997

 

Revised:  May 18, 2015

Reviewed:  April 24, 2017