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:

1. Dissemination of Policy
   1. Employees will be reminded annually of the district’s written statement of policy by:
      1. Annual notification in newspaper or newsletter that goes to all community folks.
      2. Description of policy by publication or reference in all issues or re-issues of personnel handbooks.
      3. When appropriate, publicize the EEO policy and such activities through news stories or other articles in district publications.
      4. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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

Revised/Reviewed:  January 24, 2022

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.

Approved:  May 18,2015

Revised/Reviewed:  January 24, 2022

Employee Personnel Records Content

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

Applicant File Records Content

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

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

Record Access

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

Approved:  November 17, 1997

Revised/Reviewed: April 22, 2024

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/Reviewed: January 24, 2022

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.

1. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
2. A general review of the investigation.
3. Any actions taken for the protection and safety of the student.
4. A statement that, in the investigator’s opinion, the allegations in the report are either:
   1. Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
   2. Founded.  (It is likely that an incident took place.)
5. The disposition or current status of the investigation.
6. 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:
   1. Contacting law enforcement officials.
   2. Contacting private counsel for the purpose of filing a civil suit or complaint.
   3. 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:

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

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

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

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

Upon completion of the Level II investigation, the Level I investigator 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:
   1. Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
   2. 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:
   1. Contacting law enforcement officials.
   2. Contacting private counsel for the purpose of filing a civil suit or complaint.
   3. 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/Reviewed:  January 24, 2022

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/Reviewed: January 24, 2022

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)

Approved:  May 18, 2009

Revised/Reviewed: January 24, 2022

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.

1. 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.
2. Covered Drivers
   1. To be covered under this Drug and Alcohol Testing Policy, a driver must:
      1. Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and
      2. Require a commercial driver's license to hold the driver position.
   2. Covered drivers include, but are not limited to, the following:
      1. Full-time, regularly employed drivers;
      2. Applicants seeking a position as a driver;
      3. Casual, intermittent or occasional drivers;
      4. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of the District.
3. 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.
4. 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.
      1. The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.
         1. An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
         2. An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.
      2. The confirmation alcohol breath test determines whether the driver can continue to drive.
         1. A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
         2. 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.
         3. 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.
      1. Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
      2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
   4. Initial Alcohol Testing Steps
      1. 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.
      2. Upon arrival, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. 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.
         1. Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.
         2. The District is notified immediately of the driver's refusal to sign.
   5. Evidentiary Breath Device Procedures
      1. The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      2. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
         1. A physician analyzes the driver's inability to provide adequate breath;
         2. Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath; and
         3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
      3. The results of the screening alcohol test are shared with the driver.
   6. Saliva Alcohol Testing Device Procedures
      1. 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.
      2. 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.
      3. The saliva alcohol testing device is activated with the saturated swab in place.
      4. The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:
         1. The District is informed; and
         2. The driver must submit to a breath alcohol test immediately.
      5. The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
      6. The results are shared with the driver.
   7. Confirmation Alcohol Testing Procedures
      1. 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.
      2. If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.
         1. Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.
         2. The District is notified immediately of the refusal to sign.
      5. The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      6. The confirmation test results, which are the final and official test result, are shared with the driver.
      7. 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.
      8. The BAT informs the transportation director, with the superintendent serving as an alternate, of the results of the test in a confidential manner.
         1. 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.
         2. 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.
         3. 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.
      9. Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.
5. 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.
      1. A negative drug test result allows the driver to continue to perform a safety sensitive function.
      2. A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
      3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another 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.
      4. A driver's refusal to test is considered a positive drug test result.
      5. 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 effect 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.
      1. Drug testing is conducted at a designated non-school District facility.
      2. In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:
         1. Reasons exist to believe the driver may alter or substitute the specimen;
         2. The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided;
         3. The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;
         4. The collection site person observes conduct to substitute or adulterate the specimen; and/or
         5. 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.
      3. 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
      1. 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.
      2. Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
      3. 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.
      4. Immediately prior to providing a urine sample, the driver must wash their hands.
      5. The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.
         1. Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.
         2. The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
         3. A physician analyzes the driver's inability to provide adequate urine.
         4. 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.
      6. The specimen must be kept in view of the driver and the collection site person.
      7. 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.
      8. 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.
      9. The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
      10. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
      11. The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
      12. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
      13. 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.
      14. The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
      15. The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.
   6. Laboratory
      1. 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.
      2. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
         1. 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.
         2. The split specimen is discarded if the primary specimen has a negative test result.
   7. Medical Review Officer (MRO) reviews drug test results.
      1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
      2. The MRO keeps a record of the negative test result and reports the negative test result to the District.
      3. 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.
         1. 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.
         2. Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
         3. The MRO contacts the transportation director, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
         4. The transportation director, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
         5. Upon contacting the driver, the transportation director, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
         6. Upon contacting the driver, the transportation director, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
         7. Drivers who cannot be contacted are placed on temporary leave without pay.
      4. The MRO may verify a positive test without talking to the driver if:
         1. The driver declines the opportunity to discuss the drug test;
         2. 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
         3. 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.
      5. 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.
      6. The District receives a written report of the negative and positive test results from the MRO.
6. Substance Abuse Professional
   1. A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:
      1. Has a positive drug test;
      2. Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
      3. 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.
7. 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:
      1. A negative alcohol and drug test result; and
      2. 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:
      1. Alcohol test results of 0.04 or greater;
      2. Positive drug test results; and
      3. Refusals to be tested.
8. 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.
9. 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.
      1. 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.
      2. If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
      3. 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.
10. 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:
       1. A fatality occurred; or
       2. The driver received a citation and the following occurred:
          1. Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
          2. 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.
       1. Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
       2. 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).
       3. 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
       1. Administered within two (2) hours and no later than eight (8) hours of the accident;
       2. Reasons for administering the test later than two (2) hours after the accident must be documented;
       3. Reasons for not administering the test within eight (8) hours of the accident must be documented; and
       4. Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.
    4. Drug Testing Requirements
       1. Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
       2. 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.
11. 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:
       1. 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;
       2. 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
       3. 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.
       1. 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.
       2. Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.
12. 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.
13. 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:
       1. Drivers may be disciplined up to and including termination;
       2. Drivers may not be permitted to perform safety sensitive functions;
       3. Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs;
       4. 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;
       5. 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;
       6. 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
       7. 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.
14. 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:
       1. Records may be released to appropriate government agencies without written consent; and
       2. Records may be released to appropriate District employees without written consent.
       3. 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:
       1. One year:
          1. Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
          2. Records related to the collection process;
          3. Records related to a driver's test results;
          4. Records related to other violations of the law;
          5. Records related to evaluations;
          6. Records related to education and training; and
          7. Records related to drug testing.
       2. Two years:
          1. Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
       3. Five years:
          1. Alcohol test results of 0.02 BAC and greater;
          2. Verified positive drug test results;
          3. Documentation of refusal to take required alcohol and/or drug tests;
          4. EBT calibration documentation;
          5. Driver evaluation and referrals; and
          6. Annual calendar year summary.
15. 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.
16. 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:
       1. The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
       2. Paid days are limited to what the employee has accumulated in sick leave; and
       3. When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.
17. 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.
18. 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.
19. 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

Revised/Reviewed:  January 24, 2022

​

1. 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 upon request.
   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:
      1. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
      2. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
      3. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the district requires substitution of paid leave and the conditions related to the substitution; and
      4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
2. Eligible employees
   1. Employees are eligible for family and medical leave if three criteria are met.
      1. The district has more than fifty (50) employees on the payroll at the time leave is requested;
      2. 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
      3. The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
   2. If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.
3. Employee Requesting Leave (two types of leave)
   1. Foreseeable family and medical leave.
      1. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
      2. Employee must give at least thirty (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.
      3. 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.
      1. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
      2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
      3. A spouse or family member may give the notice if the employee is unable to personally give notice.
4. Eligible family and medical leave determination.
   1. The following is a list of the acceptable purposes for family or medical leave:
      1. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
      2. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
      3. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition;
      4. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
      5. Because of a qualifying exigency arising out of the fact that an employee’s spouse, son or daughter 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
      6. 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
      1. When required:
         1. 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;
         2. 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
         3. Employees may be required to present certification of the call to active duty when taking military family medical leave.
      2. Employee's medical certification responsibilities:
         1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
         2. The 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.
         3. 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.
      3. 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.
      4. 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.
      5. 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.
5. 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:
      1. Deny the leave if entitlement is exhausted;
      2. Award leave available; and/or
      3. Award leave in accordance with other provisions of board policy or the collective bargaining agreement.
6. Type of Leave Requested
   1. Continuous - employee will not report to work for set number of days or weeks.
   2. Intermittent - employee requests family and medical leave for separate periods of time.
      1. Intermittent leave is available for:
         1. the birth or adoption of the employee’s child or foster care placement subject to agreement by the district;
         2. the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;
         3. 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
         4. 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. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the district’s operations.
      3. 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 7 below.)
   3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
      1. Reduced work schedule family and medical leave is available for:
         1. the birth or adoption of the employee’s child or foster care placement subject to agreement by the district;
         2. the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;
         3. 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
         4. 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. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the district’s operations.
      3. 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 7 below.)
7. 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:
      1. Take leave for the entire period or periods of the planned medical treatment; or
      2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
   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.
      1.  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.
      2. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five (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.
      3. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three (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.
8. 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.
9. 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      

Revised/Reviewed:   January 24, 2022

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:  

Revised/Reviewed:  January 24, 2022      

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/Reviewed:  January 24, 2022

 CHAPTER 25
282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.
282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.
“Board” means the Iowa board of educational examiners.
“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.
“Ethics” means a set of principles governing the conduct of all persons governed by these rules.
“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.
“License” means any license, certificate, or authorization granted by the board.
“Licensee” means any person holding a license, certificate, or authorization granted by the board.
“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.
“Responsibility” means a duty for which a person is accountable by virtue of licensure.
“Right” means a power, privilege, or immunity secured to a person by law.
“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.
“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.
[ARC 7979B, IAB 7/29/09, effective 9/2/09]

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by  all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:
 25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.    Fraud. Fraud means the same as defined in rule 282—25.2(272).
b.    Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance. 

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

1.    Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
2.    Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

o    First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
o    Lascivious acts with a child;
o    Assault with intent to commit sexual abuse;
o    Indecent contact with a child;
o    Sexual exploitation by a counselor;
o    Lascivious conduct with a minor;
o    Sexual exploitation by a school employee;
o    Enticing a minor under Iowa Code section 710.10; or
o    Human trafficking under Iowa Code section 710A.2;

3.    Incest involving a child as prohibited by Iowa Code section 726.2;
4.    Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;
5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;
6.    Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1); or
7.    Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

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

1.    The nature and seriousness of the crime or founded abuse in relation to the position sought;
2.    The time elapsed since the crime or founded abuse was committed;
3.    The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
4.    The likelihood that the person will commit the same crime or abuse again;
5.    The number of criminal convictions or founded abuses committed; and
6.    Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.    Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.
d.    Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).
e.    Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction: 

(1)    Committing any act of physical abuse of a student;
(2)    Committing any act of dependent adult abuse on a dependent adult student;
(3)    Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
(4)    Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
(5)    Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;
(6)    Failing to report any suspected act of child or dependent adult abuse as required by state law; or
(7)    Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.
 25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

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

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

a.    Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.
b.    Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
c.    Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
d.    Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.
e.    Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

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

a.    Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
b.    Converting public property or funds to the personal use of the practitioner.
c.    Submitting fraudulent requests for reimbursement of expenses or for pay.
d.    Combining public or school-related funds with personal funds.
e.    Failing to use time or funds granted for the purpose for which they were intended.

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

a.    Violation of this standard includes:

(1)    Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).
(2)    Abandoning a written professional employment contract without prior unconditional release by the employer.
(3)    As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform. 
(4)    As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.

b.    In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)    The practitioner obtained a release from the employing board before discontinuing services under the contract; or
(2)    The practitioner provided notice to the employing board no later than the latest of the following dates:

1.    The practitioner’s last work day of the school year;
2.    The date set for return of the contract as specified in statute; or
3.    June 30.

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

a.    Denying the student, without just cause, access to varying points of view.
b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
c.    Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
d.    Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
e.    Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
f.    Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
g.    Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
h.    Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income. Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.
i.    Refusing to participate in a professional inquiry when requested by the board.
j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
k.    Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.
l.    Delegating tasks to unqualified personnel.
m.    Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
n.    Allowing another person to use one’s practitioner license for any purpose.
o.    Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
p.    Falsifying, forging, or altering a license issued by the board.
q.    Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
r.    Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment. 

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders. Violation of this standard includes:

a.    Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.
b.    Failing to comply with 282—Chapter 10 concerning child support obligations.
c.    Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

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

Approved: May 20, 2024

Reviewed/Revised:

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    

Revised/Reviewed:  January 24, 2022

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/Reviewed: January 24, 2022