400 EMPLOYEES

400 ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

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

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

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

 

 

 

Approved:   12/9/96                                                  Reviewed:  06/12/2017                                                  Revised: 06/12/2017

401 EMPLOYEES AND INTERNAL RELATIONS

401.1 EQUAL EMPLOYMENT OPPORTUNITY

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

The board shall appoint an affirmative action coordinator.  The affirmative action coordinator shall have the responsibility for drafting the affirmative action plan.  The affirmative action plan shall be reviewed by the board at least every two years.

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

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Tipton Community School District, 400 East 6th Street, Tipton, Iowa 52772; or by telephoning (563)886-6121.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 211

E. Maple, Des Moines, Iowa, 50309, (515) 281-4121.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

 

Legal Reference:      

     29 U.S.C. ßß 621-634 (1988).

     42 U.S.C. ßß 2000e et seq. (1988).

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

     Iowa Code ßß 19B; 20; 35C; 73; 216; 279.8 (1995).

     281 I.A.C. 12.4; 95.

 

Cross Reference:      

     102      Equal Educational Opportunity

     403.5  Harassment

     405.2  Licensed Employee Qualifications, Recruitment, Selection

     411.2  Classified Employee Qualifications, Recruitment, Selection

 

Approved:   12/9/96                                                                  Reviewed:  06/12/2017                                                         Revised: 12/8/14

401.1R COMPLAINT PROCEDURE FOR ALLEGED DISCRIMINATION ON THE BASIS OF SEX

I.       In-House Complaints:

A.            Definitions:

  1. COMPLAINT
    A complaint is a claim by an employee, a group of employees, student, or group of students  that there has been a violation, misinterpretation, or misapplication of any provision of Title IV and Title IV guidelines, and limited thereto.
  2. SCHOOL DAYS
    School days shall mean those days when teachers are in attendance, except during summer vacation when school days shall mean days when the school's business office is open.

B.        Procedures:

There shall be no interference with the operation of the school system on account of a complaint, but the complaint shall be settled under the provision of this procedure. Every employee or student shall have the right to present a complaint in accordance with this procedure.

The failure of an employee or student to act on any complaint within the prescribed time limits will act as a bar to any further appeal. If no decision is given within the specified time limits it shall be deemed a denial of the complaint at that step and shall permit proceeding to the next step. The time limitations may, however, be extended by mutual agreement.

1.         Level One - Superintendent of Schools

The concerned employee or student shall file a written complaint with the Superintendent of Schools or the equal opportunity office with the objective of resolving the matter on that level.

This written complaint must be filed within 10 school days from the date on which the event giving rise to the complaint first occurred.

A meeting between the complainant(s), the superintendent, and anyone deemed necessary to discuss the alleged violation, will be held at a time mutually agreed upon by the complainer(s), and the superintendent it must be held within 20 school days of receipt of the written complaint by the superintendent.

Within ten school days after the meeting the superintendent will render a written decision which will be sent to the person or representative of the people who are doing the complaining and to the president of the Tipton Board of Education.

2.         Level Two - Board of Education

The complaint shall be considered settled at Level One and not subject to further appeal unless, within ten (10) school days after the answer of the superintendent is received or is due, the complainant notifies the superintendent in writing that the issue is being submitted to the school board. The school board, superintendent, and complainant shall meet no less than (10) ten school days after the written complaint has been received by the school board president at a

mutually agreeable time. (The meeting may be delayed by mutual consent.) Other persons who are deemed necessary to present or advise in the hearing are to be eligible to attend. The complainant shall present his/her case to the school board.

The school board president shall file an answer within ten (10) school days of the meeting with the board. The report shall be sent to the complainant and to the superintendent.

3.         Level Three - Office of Civil Rights

The complaint shall be considered settled and not subject to further appeal unless, within ten (10) school days after the board's answer is received the complainant notifies the school board president  and the superintendent that the case is being filed with the Office of Civil Rights. The complainant shall file the complaint with the appropriate office.

THE WRITTEN COMPLAINT

A written complaint may be simply written, but must contain the following written information:

  1. Name and address of complainant.
  2. Explanation of alleged discrimination.
  3. The name(s) of the injured person(s).
  4. The name(s) of the person(s) who allegedly erred in application of Title IX regulations.
  5. The date or approximate date when alleged discrimination took place.
  6. State with what section of the law the school's action contradicts.
  7. What remedy or remedies does the complainant seek?

II.      Citizens Complaints:

Whenever a citizen has a complaint concerning the action of any employee, such citizen shall give information to the employee's immediate supervisor. In the event that the matter is not satisfactorily resolved, the appeal process will follow this order:

  1. Other supervisory or administrative personnel in the line of responsibility.
  2. The Superintendent of Schools
  3. The Board of Directors

No appeal will be heard by the Board of Directors and no charges against the employees will be investigated or acted upon by the Board unless reduced to writing, signed by the party bringing the same, and presented to the Board through the Superintendent of Schools.

 

Approved:   12/9/96                                                              Reviewed:   6/12/2017                                                            Revised:12/8/14

401.2 EMPLOYEE CONFLICT OF INTEREST

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

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

Employees shall not act as an agent or dealer for the sale of textbooks or other school supplies. Employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.

Employees shall not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

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

  1. The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
  3. The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.

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

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

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

 

 

 

Legal Reference:      

     Iowa Code ßß 20.7; 68B; 279.8; 301.28 (1995).

 

Cross Reference:                                 

     203      Board of Directors' Conflict of Interest

     402.4  Gifts to Employees

     402.6  Employee Outside Employment

 

Approved:   12/9/96                                                          Reviewed:  6/12/2017                                                         Revised: 12/8/14

401.3 NEPOTISM

More than one family member may be an employee of the school district.  It shall be within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district [subject to the approval of the board].

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

 

 

 

Legal Reference:      

     Iowa Code ßß 20; 71; 277.27; 279.8 (1995).

 

Cross Reference:

     405.2 . Licensed Employee Qualifications, Recruitment Selection

     411.2 . Classified Employee Qualifications, Recruitment Selection

 

Approved:   12/9/96                                                                Reviewed:   6/12/2017                                                  Revised: 12/8/14

401.4 EMPLOYEE COMPLAINTS

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

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

 

 

 

Legal Reference:      

     Iowa Code ßß 20.7, .9; 279.8 (1995).

 

Cross Reference:                                 

     307  Communication Channels

 

Approved:   12/9/96                                                           Reviewed:     6/12/2017                                                      Revised: 12/8/14

 

401.5 EMPLOYEE RECORDS

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

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

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

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

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

 

 

 

Legal Reference:                

     Iowa Code chs. 20; 21; 22; 91B (1999).

     Clymer v. City of Cedar Rapids, No. 209/97-1705 (Iowa 1999). Des Moines Independent Community School District v. Des Moines

     Register and Tribune Company, 487 N.W. 2d 666 (Iowa 1992). City of Dubuque v. Telegraph Herald, Inc., 297 N.W.2d 523 (Iowa

     1980).

 

Cross Reference:                

     402.1  Release of Credit Information

     403     Employees' Health and Well-Being

     708     Care, Maintenance and Disposal of School District Records

 

 

 

Approved:   12/9/96                                               Reviewed:   6/12/2017                                                               Revised:  12/8/14 

401.5R1 EMPLOYEE RECORDS REGULATION

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 shall be 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 form

 

Applicant File Records Content

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

·  Application for employment.

·  Resume.

·  References.

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

·  Affirmative action form, if submitted.

REGULATION Record Access

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

Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations and individual test scores.

Employee Record Retention

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

 

Approved:   12/9/96                                                               Reviewed:   6/12/2017                                                        Revised: 12/8/14

401.6 LIMITATIONS TO EMPLOYMENT REFERENCES

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

  • the matter has been officially closed by the law enforcement agency;

  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or

  • more than four years have passed since the case was opened, and no charges or indictment have been filed. 

 

Legal Reference:   20 U.S.C. §7926; 281 I.A.C. 12.3(14)

Cross Reference:

     401.5    Employee Records 

     402.2    Child Abuse Reporting

     402.3    Abuse of Students by School District Employees

     405.2    Licensed Employee Qualifications Recruitment, Selection

     411.2    Classified Employee Qualifications, Recruitment, Selection 

 

Approved  2/10/2020                              Reviewed ____________                                Revised ____________

 

401.7 EMPLOYEE TRAVEL COMPENSATION

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

 

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval shall include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, shall be approved by the superintendent.

Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

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

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

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office shall be by automobile.  If a school district vehicle is not available, the employee will be reimbursed 31 cents per mile.  Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel shall be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement shall be limited to the public carrier amount. Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.

 

 

 

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at 31 cents per mile.  It shall be the responsibility of the superintendent to approve travel within the school district by employees.  It shall be the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Employees who are allowed an in-school district travel allowance shall have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

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

 

 

 

Legal Reference:      

     Iowa Constitution, Art. III, ß 31.

     Iowa Code ßß 70A.9-.11 (1995).

     1980 Op. Att'y Gen. 512.

 

Cross Reference:      

     216.3   Board of Directors' Member Compensation and Expenses

     401.6  Transporting of Students by Employees

     401.10  Credit Cards

     904.1   Transporting Students in Private Vehicles

 

Approved:  12/9/96                                                                   Reviewed:   6/12/2017                                               Revised: 12/8/14

401.8 RECOGNITION FOR SERVICE OF EMPLOYEES

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

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

 

Legal Reference:      

     Iowa Const. Art. III, ß 31.

     Iowa Code ß 279.8 (1995).

     1980 Op. Att'y Gen. 102.

 

Cross Reference:

     407   Licensed Employee Termination of Employment

     413   Classified Employee Termination of Employment

 

 

Approved:   12/9/96                                                            Reviewed:  6/12/2017                                                        Revised:  12/8/2014

401.9 EMPLOYEE POLITICAL ACTIVITY

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

Violation of this policy may be grounds for disciplinary action.

 

 

 

Legal Reference:      

     Iowa Code ßß 55; 279.8 (1995).

 

Cross Reference:  

     409.5     Licensed Employee Political Leave

     414.5     Classified Employee Political Leave

 

Approved:   12/9/96                                                          Reviewed:   6/12/2017                                                             Revised: 12/8/14

401.10 CREDIT CARDS

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

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

The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties.  The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.

It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business.  It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.

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

 

Legal Reference:      

     Iowa Constitution, Art. III, ß 31.

     Iowa Code ßß 279.8, .29, .30 (1995).

     281 I.A.C. 12.3(1).

 

Cross Reference:  

     216.3   Board of Directors' Member Compensation and Expenses

     401.7   Employee Travel Compensaton

 

Approved:   12/9/96                                                            Reviewed:     6/12/2017                                                                 Revised: 12/8/14 

401.11 EMPLOYEE ORIENTATION

Employees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the office personnel. Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

 

Legal Reference:      

     Iowa Code ßß 279.8,(1995).

     191 I.A.C. 74.

 

Cross Reference:  

     404    Employee Conduct and Appearance

     406    Licensed Employee Compensation and Benefits

     412    Classified Employee Compensation and Benefits

 

 

Approved:   12/9/96                                                     Reviewed:  6/12/2017                                                               Revised: 12/8/14

401.12 ADULT ACTIVITY TICKETS OR PASSES

  1. All certified staff members, special ed associates/teacher’s aides, secretaries and instructional aides will be required to work one athletic event. All staff members, including food service, custodial and bus driving personnel, in exchange for working their first event, will receive one pass in their name.
    1. For the second game worked the staff member has the option of receiving one adult guest pass or monetary compensation.
    2. For each additional game worked  the staff member is eligible for a student pass or monetary compensation. The student pass will be issued in the student's name. The student must be the child, stepchild or foster child of the staff member who works the event. The staff member may earn as many student passes as needed for their family. One pass is earned per game worked.
  2. All individuals who provide a service the value of which would be as much or more to the school, or to the students in connection with activities, may be paid with an activity ticket.
  3. Representatives of the press in which Tipton School news is regularly published may receive a pair of tickets.
  4. Any person may be given a ticket, provided that it is recommended by the administration and sanctioned by the Board of Education.
  5. Staff members will be given first chance to sign-up to work at all athletic events. Any positions not filled by staff members will be opened up to outside organizations or non- school personnel.

 

It shall be the responsibility of the superintendent to develop administrative regulations regarding the pay scale for ticket takers and event supervisors.

 

 

Approved:   12/9/96                                                                       Reviewed:   6/12/2017                                                     Revised: 12/8/14

402 EMPLOYEES AND OUTSIDE RELATIONS

402.1 RELEASE OF CREDIT INFORMATION

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

 

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

 

 

 

Legal Reference:      

     Iowa Code ßß 22.7; 279.8 (1995).

 

Cross Reference:                                 

     401.5  Employee Records

 

Approved:   12/9/96                                                                   Reviewed: 6/12/2017                                                     Revised:  12/8/14

402.2 CHILD ABUSE REPORTING

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

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

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous five years.  The course will be re-taken at least every five years.

 

 

 

 

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

 

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

 

 

Legal Reference:          

     Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013).

     441 I.A.C. 9.2; 155; 175.

     1982 Op. Att'y Gen. 390, 417.

     1980 Op. Att'y Gen. 275.

 

 

Cross Reference:          

     402.3   Abuse of Students by School District Employees

     502.9   Interviews of Students by Outside Agencies

     507      Student Health and Well-Being

 

 

 

Approved:   12/9/96                                                                  Reviewed:   6/12/2017                                                            Revised: 4/10/2018

402.2R1 CHILD ABUSE REPORTING REGULATION

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

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

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

 

Child Abuse Defined

"Child abuse" is defined as:

  • Any nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
  • The commission of a sexual offense with or to a child . . . as a result of the acts or omissions of the person responsible for the child. . . .  Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
  • The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child . . . .
  • The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

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

 

Reporting Procedures

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

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

  •  name, age, and home address of the child;
  • •name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;
  • •the child's present whereabouts if not the same as the parent's or other person's home address;
  •   description of injuries, including evidence of previous injuries;
  • •name, age, and condition of other children in the same home;
  • •any other information considered helpful; and,
  • •name and address of the person making the report.

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

 

Approved:   12/9/96                                                              Reviewed:  6/12/2017                                                           Revised: 12/8/14

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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

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

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

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

 

 

 

Legal Reference:      

     Iowa Code ßß 232.67, .70, .73, .75; 235A; 272A; 280.17; 709;728.12(1) (1999).

     281 I.A.C. 12.3(6), 102; 103.

     441 I.A.C. 155; 175.

     1980 Op. Att'y Gen. 275.

 

Cross Reference:

     402.2   Child Abuse Reporting

     403.5    Harassment

     503.5    Corporal Punishment

 

Approved:   12/9/96                                                                  Reviewed:      6/12/2017                                                              Revised12/8/14

402.3E1 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REPORT

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

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

 

Student's name and address:                                                                                                              

Student's telephone no.:                                                         

Student's school:

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

 

 

Allegation is of                   physical                      sexual abuse*

 

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

 

 

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

 

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

 

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

 

           Yes                   No        Telephone Number                                   

 

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

               yes                            no                                  unknown

 

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

 

 

 

Has anyone contacted law enforcement about this incident?                   yes                 no

 

 

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

 

 

 

 

Your name, address and telephone number:

 

 

 

 

Relationship to student:                                                      

 

 

Complainant Signature                                      

Witness Signature

Date                                                                  

Witness Name (please print) Witness Address

 

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

 

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

 

Approved:   12/9/96                                                                  Reviewed:   6/12/2017                                                                  Revised: 12/8/14

402.3E2 ABUSE OF STUDENTS BY SCHOOL DISTRICT

Report of Level I Investigation

 

Student's name:                                                                                                                          

 

Student's age:                        

 

Student's grade:                      

 

Student's address:                                                                                                                     

 

Student's school:                                                                                                                        

 

Name of accused school employee                                                 

 

Building                                        

 

Name and address of person filing report:

 

 

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

report:                                                                                                                                           

 

 

Date report of abuse was filed:                                                           physical                 sexual*

 

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

 

 

 

 

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

 

 

 

 

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

 

           Yes                No          Was the right exercised?                 Yes                 No

 

Were audio tapes made of any interviews?              yes               no  

Were video tapes made of any interviews?              yes               no 

 

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

      yes           no

 

If yes, describe:

 

__student excused from school                              

__school employee placed on administrative or other leave

__student assigned to different class                      

__other (please specify)

 

 

Level I investigator's conclusions:

 

            The complaint is being dismissed for lack of jurisdiction.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

            Complaint was withdrawn.

 

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

 

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

 

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

 

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

 

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

 

 

Current status of investigation:

 

            Closed.  No further investigation is warranted.

 

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

 

            Deferred to law enforcement officials.

 

           Turned over to Level II investigator. Other comments:

 

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

 

 

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

 

Approved:      12/9/96                                                                   Reviewed:    6/12/2017                                                     Revised:  12/8/14

402.3R1 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the building principal who is the school district's Level I investigator. "Employee" means one who works for pay or as a volunteer under the direction and control of the school district.  The report 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 able to investigate, 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 able to be investigated 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.

 

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

The written investigative report shall include:

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

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

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

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

5.  A general review of the investigation.

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

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

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

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

8.  The disposition or current status of the investigation.

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

•  Contacting law enforcement officials.

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

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

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

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

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

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

a.        Using reasonable and necessary force, not designed or intended to cause pain:

  1. To quell a disturbance or prevent an act that threatens physical harm to any person.
  2. To obtain possession of a weapon or other dangerous object within a pupil's control.
  3. For the purposes of self-defense of defense of others as provided for in Iowa Code ß 704.3.
  4. For the protection of property as provided for in Iowa Code ßß 704.4,
  5. To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises.
  6. To prevent a student from the self-infliction of harm.
  7. To protect the safety of others.

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

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

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

b.         The size and physical condition of the student.

c.         The instrumentality used in making the physical contact.

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

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

 

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

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

If the Level II investigator's report or law enforcement officials conclude abuse occurred,

or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator shall file a complaint with the State Board of Educational Examiners.  The Level I investigator shall also arrange for counseling services for the student if the student or student's parents request counseling services.

Sexual Abuse

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

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

When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report.  The employee named in the report 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 prekindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent's place.  The Level I investigator 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.

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

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

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

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

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

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

5.         A general review of the investigation.

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

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

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

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

8.         The disposition or current status of the investigation.

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

•     Contacting law enforcement officials.

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

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

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

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:   12/9/96                                                        Reviewed:  6/12/2017                                                         Revised: 12/8/14

402.4 GIFTS TO EMPLOYEES

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

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

  • Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a
  • substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
  • Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

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

  • Contributions to a candidate or a candidate's committee;
  • Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the employee;
  • Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • Plaques or items of negligible resale value given as recognition for public service;
  • Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
  • Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
  • Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
  • Funeral flowers or memorials to a church or nonprofit organization;
  • Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
  • Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
  • Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

  • Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
  • A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

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

 

Legal Reference:    

     Iowa Code ch. 68B (1995).

     1972 Op. Att'y Gen. 276.

     1970 Op. Att'y Gen. 319.

 

Cross Reference:    

     217     Gifts to Board of Directors

     401.2  Employee Conflict of Interest

     704.4  Gifts-Grants-Bequests

 

Approved:   12/9/96                                                              Reviewed:  6/12/2017                                                        Revised:  12/8/14

402.5 PUBLIC COMPLAINTS ABOUT EMPLOYEES

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.  While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved.  Prior to board action however, the following should be completed:

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

(b)  Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal/immediate supervisor..

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

(d)  If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.  To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 210.8.

It is within the discretion of the board  to address complaints from the members of the school district community, and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.

 

 

Legal Reference:      

     Iowa Code ß 279.8 (1995).

 

Cross Reference:                                 

     210.8  Board Meeting Agenda

     213     Public Participation in Board Meeting

 

 

Approved:   12/9/96                                                Reviewed:   6/12/2017                                                             Revised:  12/8/14

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

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

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

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

 

 

 

 

Legal Reference:      

     Iowa Code ßß 20.7; 279.8 (1995).

 

Cross Reference:

     401.2   Employee Conflict of Interest

     408.3   Licensed Employee Tutoring

 

Approved:   12/9/96                                                             Reviewed:   6/12/2017                                                        Revised:  12/8/14

403 EMPLOYEES' HEALTH AND WELL-BEING

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

The Tipton Community School believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. All other employees shall present evidence of good health, in the form of a post-offer examination if determined necessary by the superintendent of schools or designee.

The cost of the initial examination will be paid by the Tipton Community School District. . The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district at 100% if the driver utilizes the district designated physician or district designated certified medical examiner for bus drivers.  The driver will be reimbursed up to the cost charged by the district designated physician or certified medical examiner if the driver chooses to use a non-designated physician or examiner. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

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

 

 

 

NOTE: The law no longer requires a district to conduct physical examinations for all employees upon hire. However, a district could decide to continue such practice, but the physicals should only be done post-offer and any employment decisions made based on the results of such physicals should be made in compliance with the Americans with Disabilities Act (ADA).

 

 

 

Legal Reference:         

     29 C.F.R. § 1910.1030.

     49 C.F.R. §§ 391.41 – 391.49.

     Iowa Code §§ 20.9; 279.8; 321.376.

      281 I.A.C. 43.15; 43.17.

 

Cross Reference:         

     403      Employees' Health and Well-Being

 

 

Approved:        12/9/96                                                              Reviewed:    6/12/2017                                Revised:       6/12/2017            

403.2 EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the building principal shall notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

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

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

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

 

 

 

Legal Reference:      

     Iowa Code ßß 85; 613.17 (1995).

     1972 Op. Att'y Gen. 177.

 

Cross Reference:      

     403    Employees' Health and Well-Being

     409.2  Licensed Employee Personal Illness Leave

     414.2  Classified Employee Personal Illness Leave

 

Approved:         12/9/96                                                        Reviewed:   6/12/2017                                                     Revised:  12/8/14

403.3 COMMUNICABLE DISEASES - EMPLOYEES

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

 

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

 

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

 

An employee shall notify the superintendent or the school nurse when the employee learns a communicable disease exists.  It shall be the responsibility of the superintendent, when the superintendent or school nurse, upon investigation, has knowledge that a reportable communicable disease is present, to notify the Iowa Department of Public Health.

 

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

 

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

 

 

Legal Reference:      

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

29 U.S.C. ß 794, 1910 (1988).

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

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

Iowa Code  ß 139; 141 (1995).

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

 

 

Cross Reference:

401.5

Employee Records

 

403.1

Employee Physical Examinations

 

507.3

Communicable Diseases - Students

 

Approved   12/9/96                  Reviewed  6/2017                   Revised

 

403.3E1 HEPATITIS B VACCINE INFORMATION AND RECORD

The Disease

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

The Vaccine

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

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

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

Dosage and Administration

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

Possible Vaccine Side Effects

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

 

HEPATITIS B VACCINE INFORMATION AND RECORD CONSENT OF HEPATITIS B VACCINATION

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

 

 

Signature of Employee (consent for Hepatitis B vaccination)                               Date

 

 

Signature of Witness                                                                                           Date

 

 

REFUSAL OF HEPATITIS B VACCINATION

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

 

 

Signature of Employee (refusal for Hepatitis B vaccination)                                 Date

 

 

Signature of Witness                                                                                           Date

 

I refuse because I believe I have (check one)

 

           started the series                                     completed the series

 

 

HEPATITIS B VACCINE INFORMATION AND RECORD RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                                                                          (individual or organization holding Hepatitis B records and address) to release to the Tipton Community School District, my Hepatitis B vaccination records for required employee records.

 

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

 

 

Signature of Employee                                                                                             Date                                                 

 

 

Signature of Witness                                                                                                       Date                                             

 

 

HEPATITIS B VACCINE INFORMATION AND RECORD CONFIDENTIAL RECORD

Employee Name (last, first, middle)                                           Social Security No. Job Title:                                                                                              

 

 

Hepatitis B Vaccination Date

Lot Number

Site

Administered by

1

                                               

 

 

 

2

                                               

 

 

 

3

                                               

 

 

 

 

Additional Hepatitis B status information:

Post-exposure incident: (Date, time, circumstances, route under which exposure occurred) Identification and documentation of source individual:

 

Source blood testing consent:

 

 

 

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

 

 

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

 

 

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

 

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

 

Approved:   12/9/96                                                               Reviewed:  6/12/2017                                                             Revised:  12/8/14

403.3R1 UNIVERSAL PRECAUTIONS REGULATION

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the

appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

 

Hand Washing

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

  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

 

Barriers

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

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary

napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean up

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

  • Wear gloves.
  • Clean up the spill with paper towels or other absorbent material.
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
  • Dispose of gloves, soiled towels and other waste in a plastic bag.
  • Clean and disinfect reusable supplies and equipment.

Laundry

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

Exposure

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

  • Always wash the exposed area immediately with soap and water.
  • •If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
  • •If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

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

 

Approved:   12/9/96                                                                      Reviewed:   6/12/2017                                                     Revised:  12/8/14

403.4 HAZARDOUS CHEMICAL DISCLOSURE

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

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

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

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

 

 

Legal Reference:      

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

     Iowa Code chs. 88; 89B (1995).

     347 I.A.C. 120.

 

Cross Reference:

     403  Employees' Health and Well-being

     804  Safety Program

 

 

Approved:   12/9/96                                                     Reviewed:  6/12/2017                                                              Revised: 12/8/14

403.5 HARASSMENT

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

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

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

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

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

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

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

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

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

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

 

 

Legal Reference:      

     Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

     Hall v. Gus Const. Co., 842 F.2d 1010 (8th Cir. 1988). Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990).

     42 U.S.C. ßß 2000e et seq. (1994).

     29 C.F.R. Pt. 1604.11  (1996). Iowa Code ch. 216  (1999).

     281 I.A.C. 12.3(6).

 

Cross Reference:

     102 .    Equal Educational Opportunity

     401.1 . Equal Employment Opportunity

     401.4   Employee Complaints

     402.3   Abuse of Students by School District Employees

     404      Employee Conduct and Appearance

     502.10 Student-to-Student Harassment

     503      Student Discipline

Approved:    12/9/96                                                                      Reviewed:        6/12/2017                                                        Revised:  12/8/14

403.5E1 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:                            

 

 

 

 

 

 

Approved:   12/9/96                                                   Reviewed:   6/12/2017                                                                   Revised:  12/8/14

 

403.5E2 WITNESS DISCLOSURE FORM

Name of witness:                                                                                                                               

 

Position of witness:                                                                               

 

Date of testimony, interview:                                          

 

Description of instance witnessed:

 

 

 

 

 

Any other information:

 

 

 

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

 

 

Signature:                                                                                             

 

Date:                              

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:      12/9/96                                                          Reviewed:   6/12/2017                                                                Revised:  12/8/14

403.5R1 HARASSMENT INVESTIGATION

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

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

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

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

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

 

COMPLAINT PROCEDURE

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

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

 

INVESTIGATION PROCEDURE

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

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

 

RESOLUTION OF THE COMPLAINT

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

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

 

POINTS TO REMEMBER IN THE INVESTIGATION

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

CONFLICTS

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

If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent's place in the investigation process.  The alternate investigator shall report the findings to the board.

 

Approved:  12/9/96                                                        Reviewed:  6/12/2017                                                           Revised:12/8/14

403.6 SUBSTANCE-FREE WORKPLACE

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

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

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

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

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

 

Legal Reference:      

     41 U.S.C. ßß 701-707 (1988).

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

     34 C.F.R. Pt. 85 (1993).

     Iowa Code ßß 124; 279.8 (1995).

 

Cross Reference:      

     404  Employee Conduct and Appearance

 

 

 

Approved:  12/9/96                                                          Reviewed:         6/12/2017                                                       Revised: 12/8/14

403.6E1 SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES

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 Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

"Workplace" is defined as the site for the performance of work done in the capacity as a employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school- sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

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:  12/9/96                                                            Reviewed   6/12/2017                                       Revised:  12/8/14

403.6R1 SUBSTANCE-FREE WORKPLACE REGULATION

A superintendent who suspects an employee has a substance abuse problem shall follow these procedures:

  1. Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent shall discuss the problem with the employee.
  2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.
  3. Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.
  4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

 

 

 

 

 

 

Approved:   12/9/96                                                     Reviewed:     6/12/2017                                                                    Revised:  12/8/14

403.7 DRIVER DRUG AND ALCOHOL TESTING PROGRAM

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

 

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

 

Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function.

 

Employees with questions about the drug and alcohol testing program may contact the transportation director.   Records will be kept by the board secretary  The superintendent will receive test results, receive the identification numbers of the drivers who were selected for random testing and notify those drivers.

 

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  In addition, any driver who is convicted by the judicial system of a felony for a drug or alcohol related matter will be subject to disciplinary action up to and including termination.  Employees who test positive will be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program.

 

Iowa law requires a school district to provide substance abuse evaluation and treatment for a first violation if recommended by the substance abuse professional with the costs apportioned according to the employee benefit plan.  If there is no employee benefit plan, then the school district must pay the costs of the evaluation and treatment, if any.  A second incident resulting in a positive drug test will result in termination.

 

Employees required to participate in and who fail to or refuse to successfully participate in a substance evaluation or a recommended substance abuse treatment program will be terminated.

 

Education for supervisors will include signs and symptoms of drugs and alcohol misuses, determining the need for reasonable cause testing, and testing requirements.  This training will be at least one (1) hour in duration for alcohol education and at least one (1) hour for drug education.

 

Once the driver is notified to submit to an alcohol or drug test, the driver must complete the alcohol/Drug Test Notification Form and proceed immediately to the collection site.  The driver must provide a photo identification.

 

 

 

Legal Reference:      

Omnibus Transportation Employee Testing Act of 1991.

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

41 U.S.C. ßß 701-707 (1988).

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

34 C.F.R. Pt. 85 (1993).

Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of

Burlington, PERB No. 3876 (3-26-91). Iowa Code ßß 124; 279.8; 730.5 (1993).

 

 

Cross Reference:

403.6

Substance-Free Workplace

 

409.2

Licensed Employee Personal Illness Leave

 

414.2

Classified Employee Personal Illness Leave

 

 

Approved  12/9/96   Reviewed   6/2017                     Revised12/8/14

 

 

403.7r1 DRIVER DRUG AND ALCOHOL TESTING PROGRAM

 

A.      Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations or the drug and alcohol testing program may be directed to the school district contact person, the superintendent at 886-6121.

 

B.      Covered Drivers.

 

  1. The following requirements apply for a driver to be covered by the drug and alcohol testing program:
    1. Drive a vehicle transporting sixteen or more persons, including the driver, OR  drive a vehicle weighing over twenty-six thousand one pounds; and
    2. Require a commercial driver's license to hold the driver position.
  2. Covered drivers include:
    1. Applicants seeking a position as a driver. b.        Full time, regularly employed drivers;
    2. Casual, intermittent, occasional or substitute drivers;
    3. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of a school district.
  3. Drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

 

The goals of the schools' policy and the testing of drivers is to insure a drug  and alcohol free work environment, and to reduce and help eliminate drug and alcohol related accidents, injuries, fatalities and property damage.

 

C.        Prohibited Driver Conduct:

 

  1. Using, being under the influence of, or possessing illegal drugs.
  2. using or being under the influence of legal drugs that are being used illegally.
  3. Using or being under the influence of legal drugs whose use can adversely affect the ability to perform safety-sensitive functions.
  4. Buying, selling or soliciting to buy, sell, transport or possess illegal drugs while on school time or property.
  5. Reporting for duty or remaining on duty when using any drug except when a physician has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.
  6. Reporting to duty or remaining on duty with a 0.02 breath alcohol concentration or greater.  Drivers shall not use alcohol at least four hours prior to or during the performance of a safety-sensitive function.
  7. Possessing any amount of alcohol while on duty.  This includes prescription and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.
  8. Using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first, if the driver is required to take a post-accident alcohol test.
  9. Reporting for duty or remaining on duty performing a safety-sensitive function if the driver has a positive drug test result.
  10. Refusing to submit to testing for a drug or alcohol test as directed by the school. a refusal to test is considered a positive test result requiring the driver to undergo a substance abuse evaluation. 
  11. Failing to stay in contact with the school and its medical review officer (MRO) while awaiting test results.

 

Testing will be performed in accordance with DOT's procedural protocols and safeguards set forth in Part 40 of Title 49 of the Federal Code of Regulations (CAR).

 

D.        Alcohol Test Procedures

 

  1. Alcohol tests will be administered using a breath specimen, given by a trained breath alcohol technician (BAT) utilizing an approved evidential breath testing device (EB).
  2. Drivers must present a photo identification, and sign a consent for breath alcohol testing and present the Alcohol/Drug Test Notification Form.  Refusal to present identification or a signed consent will be treated as a positive test.
  3. In the  event the employee is unable to provide an adequate amount of breath, the employee will be required to submit to an examination by a licensed medical physician to determine whether a valid medical condition exists.  If there is not valid medical condition, the test result will be reported as "positive" to the school.
  4. Breath alcohol tests that register less than 0.02 will be reported as "negative", no additional testing is required and the driver continues to perform a safety- sensitive function.
  5. Breath alcohol tests that register greater than 0.02 will require a second confirmatory test.  If the confirmatory test is less than 0.02, the result will be reported to the school as "negative" and the driver continues to perform a safety-sensitive function.
  6. Breath alcohol tests that register greater than 0.02 but less than 0.04 will cause the employee to be removed from any safety sensitive function until the next regularly scheduled duty period, but no less than twenty-four (24) hours.  (As mandated by the DOT).   Unpaid leave will be granted for absence  from work.
  7. Breath alcohol results that register 0.04 or greater on the confirmatory test requires the driver to cease preforming a safety-sensitive function and undergo a substance abuse evaluation.

 

E.        Drug Test Procedures

 

  1. The driver must present the Alcohol/Drug Test Notification Form, sign a consent for drug testing and present a photo identification.  Refusal to present identification or a signed consent will be treated as a positive test.
  2. Chain of custody procedures will be used to insure the specimen has not been tampered with.
  3. Drug testing will be performed by a laboratory certified by the National Institutefor Drug Abuse (NIDA).
  4. Confirmation testing will be conducted after an initial positive screen.
  5. Positive drug screens will be reviewed by a qualified Medical Review Officer (MRO) prior to being reported to the designated school representative.
  6. Urine specimens will be analyzed for the following drugs:  (1) cocaine, (2) opiates, (3) marijuana, (4) amphetamines, (5) phencyclidine (PCP).  The school reserves the right to expand testing in the event DOT mandates such changes.
  7. An employee will be permitted to give urine specimen in privacy, unless he/she gives reason  to believe the specimen may be altered or substituted.
  8. All drug tests will be administered using the split sample method as required by DOT.  At least forty-five (45) milliliters (mi) of urine must be provided in a container. The primary bottle (30 mi) will be analyzed.  The second bottle will be held in the laboratory pending a request from the employee for a second test in the event of a verified positive of the primary test.  To exercise the option to have the second bottle sent to a different laboratory, the employee must request in writing to the school's MRO within seventy-two (72) hours of being told the primary specimen was positive. Pending outcome of additional analysis, the employee will continue being considered physically unqualified under safety-sensitive functions and placed on unpaid leave.  Paid leaves will not be granted for absences due to positive drug test results or alcohol test results of 0.02 or greater.
  9. The employee will be given the opportunity to speak with the school's MRO to determine if there is a medical explanation for a positive test.  This opportunity is given prior to the result being confirmed positive.  If a medical explanation exists, the result will be reported as "negative" to the school.  If a medical reason does not exist, the result will be reported as a "confirmed positive".
  10. Drivers who cannot be contacted are place on temporary unpaid leave.

F. Pre-employment/Prior to Transfer

 

  1. Driver/applicant shall submit to a drug test if a job offer is made.  The job is contingent upon:
    1. a negative drug test result; and
    2. a signed written statement authorizing former  employers to release all information on the driver related to drugs and alcohol.
  2. Prior to allowing a driver/applicant to perform a safety-sensitive function, and no later than 14 days after performing a safety-sensitive function, the following information must be obtained about the driver during and preceding  two years from the date of the application.
  1. An alcohol test results of 0.04 breath alcohol concentration or greater;
  2. Positive drug test results; and
  3. Refusal to be tested.

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

 

G.        Random Testing

 

Annually, twenty-five percent of the average number of drivers for random alcohol tests and fifty percent of the average number of drivers for random drug tests are selected.  Random tests are unannounced and spread throughout the year giving each driver an equal chance to be selected.

Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function.  Drivers selected for random drug testing are notified at any time.  Once the driver is notified of being selected for a random test, the driver must proceed immediately to the collection site.

 

H.        Reasonable Suspicion Testing

 

A driver will be required to submit to a drug and alcohol test just before, during or just after the driver performs a safety-sensitive function when the school has reasonable suspicion to believe the driver has used drugs or alcohol in violation of this policy.

Reasonable causes will exist when a driver's appearance, behavior, speech or odors (of breath) or just physical symptoms indicate rug or alcohol use. Observations must be personally observed and documented by at least one school trained official.  A "trained official" is one who has undergone at least two (2) hours of education which includes behavioral, physical, speech, and performance indicators of possible drug and alcohol use.

A reasonable suspicion test is performed within two hours and no later than eight hours of determining reasonable suspicion.  The driver will be accompanied by a school representative to the collection site.

The school representative will transport the driver home or attempt another means of transportation by contacting a family member or another person designated by the driver.

If the driver refuses alternate transportation, the school reserves the right tot take whatever means are appropriate to protect the driver and public.  This may include contacting local law enforcement and imposing disciplinary actions, up to and including discharge.

 

The driver may not report to or perform a safety-sensitive function unless the results of the reasonable suspicion drug test is negative and/or the results of an alcohol test is less than 0.02 or 24 hours have passed since reasonable suspicion existed.   Paid leaves will not be granted for absences due to positive drug test results or alcohol test results of 0.02 or greater.

I.          Post-Accident

Testing is conducted after accidents on drivers whose performance could have contributed to the accident.  A "DOT accident" is defined as 1) an accident that involves the death of a human, 2) when the driver receives a citation for a moving violation involving  the accident; and, either a person is transported from the accident scene to receive immediate medical treatment or at least one vehicle requires towing from the scene of the accident.

Testing performed by  a law enforcement officer may be utilized as the school's

post-accident test, (provided breath alcohol testing is conducted with an evidentiary breath  testing device (EBT) and by a law enforcement officer certified on that EBT.  The driver is required to contact his/her supervisor immediately with the officer's name, badge number and telephone number. Since these test results may be unacceptable to meet the school district's requirements for post-accident drug and alcohol testing, the driver must remain available for post-accident drug and alcohol testing by a trained collection site person.  Drivers who leave the scene or who do not remain readily available are deemed to have refused to test.

In the event of a law enforcement official does not perform testing on a driver involved in a DOT accident, the driver must report for a urine drug screen and alcohol test.  Breath alcohol testing should be performed within two (2) hours following the accident and no later than eight (8) hours following the accident. Reasons for not obtaining a test within two (2) hours must be documented as well as reasons for not obtaining a test within eight (8) hours.  Urine drug testing must be performed within thirty-two (32) hours following the accident.  Failure to obtain a urine drug screen must be documented.

A driver who has submitted to a post-accident test will, at the school's discretion, either be assigned to a non-safety sensitive function or be placed out of service pending the results of the testing.  Paid leaves will not be granted for absence due to positive drug test results or alcohol test results of 0.02 or greater.

J.         Return to Duty/ Follow-Up Testing

Prior to returning to duty after a positive drug test, a positive alcohol test of 0.04 breath concentration or greater, or otherwise violating the drug and alcohol testing program policy, the driver must be re-evaluated to determine that the drive has properly followed any treatment program prescribed.  The driver must submit to the tests required by the substance abuse professional.  The return-to- duty test must have a negative drug test result and/or an alcohol test result of less than 0.02 breath  alcohol concentration.

After returning to duty, the driver is subject to a minimum of six unannounced follow-up tests within 12 months of alcohol, drugs or both as determined by the substance abuse professional.  The follow-up testing may continue for up to 60 months from the date of the driver's return to duty.

 

K.        Drug & Alcohol Testing Records

Employee test results are  confidential.   Test results and other confidential information may only be released to the employer and the substance abuse professional.  Any other release of this information is only with the employee's consent as mandated by the DOT.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.  The superintendent shall also inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment, in the application form and personally at the first interview with the applicant.

The superintendent shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations to employees operating school vehicles.  The superintendent shall also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

Drug and alcohol testing records are stored in locked files and apart from the driver's general personnel records.

Records are released only with the written consent of the driver.  Records may be released without consent to appropriate government agencies, appropriate

school district employees or decision-makers in a lawsuit, grievance or other proceeding initiated by the driver and arising from the result of an alcohol or drug test or the drug and alcohol testing program, policies, regulations and law.

Drivers have access to their drug and alcohol records.  The following records of the school districts drug and alcohol testing programs are maintained for the time period indicated.

 

a.         One Year:

 

(1)

Records of negative and cancelled drug test results and alcohol

 

test results of less than 0.02 breath alcohol concentration.

(2)

Records related to the drug and alcohol testing process.

(3)

Records related to a driver's test results.

(4)

Records related to other violations of the law.

(5)

Records related to substance abuse evaluations.

 

 

 

(6)

Records related to education and training.

 

b.         Two Years:

 

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

 

c.         Five Years:

 

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

(2)      Verified positive drug test results;

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

(4)       Evidentiary breath testing device calibration documentation;

(5)        Driver substance abuse evaluations and referrals; and

(6)        Annual calendar year summary.

 

 

Approved  12/9/96   Reviewed          6/2017                   Revised12/8/14

403.7-R2 DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

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

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

Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidentiary breath 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 drivers in the alcohol testing process and operates an evidentiary breath testing device.

Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory.  In alcohol testing it is a test that is deemed to be invalid under the law.  A canceled test drug or alcohol test 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 form(s) account(s) for the sample or sample aliquots within the laboratory.

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

Confirmation test - for alcohol testing it is a second test following a screening test with a result of 0.02 breath alcohol concentration 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 or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

Controlled substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine. Driver - any person who operates a school vehicle.  This includes, but is not limited to:  full time,regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district.  For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for drivers of school vehicles 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 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 a driver's confirmed positive test result together with the driver's medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing - testing of a driver after an accident without regard

to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor. Performing a safety-sensitive function - a driver is considered to be performing a safety- sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

Random Selection Process - when drug tests are unannounced and every driver has an equal

chance of being selected for testing.

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

Refusal to test - when a driver (1) fails to provide adequate breath for alcohol testing without a

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

Safety-sensitive function - all time from the time when a driver begins to work or is required to

be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

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

Split specimen/split sample - the division of the urine specimen into thirty milliliters in a

specimen bottle (the primary sample) and into at least fifteen milliliters in second specimen bottle (the split sample).

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

 

Approved  12/9/96   Reviewed  6/2017                           Revised12/8/14

403.7E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

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

 

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

include applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle shall be subject to the drug and alcohol testing program beginning

the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

 

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

 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting administrative regulations or the law may be subject to discipline up to and including termination.  Employees violating this policy, its supporting administrative regulations or the law may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

 

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

 

 

 

 

 

 

Approved  12/9/96  Reviewed         6/2017                    Revised12/8/14

 

403.7-E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, (name of employee)  , have received a copy, read and understand the Drug and Alcohol Testing Program policy and its supporting administrative regulations.  I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting administrative regulations and the law.

 

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

 

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

 

 

 

 

 

(Signature of Employee)                                                           (Date)

 

 

 

 

 

 

 

 

Approved  12/9/96               Reviewed 6/2017                           Revised12/8/14

 

403.7-E3 CONSENT FOR RELEASE OF INFORMATION

 

Name (print)                                                                             Social Security Number

The following records should be on file prior to, and must be no later than 14 days of, your performing a safety-sensitive function for the school district. Without these records from your prior employers you will be unable to perform a safety-sensitive function for the school district and will no longer be employed by the school district at the expiration of the 14-day period.

I authorize release of the following records related to my participation in a U.S. DOT approved and/or other drug and alcohol testing program for the prior two years:

  • Alcohol test results of 0.04 breath alcohol concentration or greater;
  • Positive drug test results;
  • Refusals to be tested for drugs or alcohol;
  • Substance abuse evaluations;
  • Recommended treatment by a substance abuse professional;
  • Completion of treatment recommended by a substance abuse professional; and
  • Other information related to violations of U.S. DOT drug and alcohol regulations.

 

 

Signature                                                                                 Date

 

RECORDS TO BE RELEASED FROM:

 

Company Name:                                                                                                                     

 

Address:                                                                                                                               

 

Telephone/other:                                                                 

 

RECORDS TO BE RELEASED TO:

 

School District Contact Person:                                                                     

 

Address:                                                                                                                                        

 

           Requested information enclosed

 

I certify, to the best of my knowledge, the company named above has a U.S. DOT drug and alcohol testing program conforming to U.S. DOT requirements in place and the above named individual participated in such program from (date) to (date) and, within the two years preceding this request, had no alcohol test results of 0.04 breath alcohol concentration or greater, no positive drug test results, no refusals to be tested for drugs or alcohol, no substance abuse professional evaluations, no recommended treatment for substance abuse, or other violations related to the U.S. DOT drug and alcohol regulations.

 

Named/Signature/Title                                                                                                                Date

Approved  12/9/96   Reviewed  6/2017                           Revised12/8/14

403.7-E4 DRUG/ALCOHOL TEST NOTIFICATION

Date

 

Name (print)                                                                                   Social Security Number

 

The above named employee is to have the following test done:

 

     Drug                              Alcohol                     Both Drug and Alcohol

 

Type of Test:                                                                         

 

 

Time Sent by District School                                                       District Contact Person (Phone) Time Arrived at Collection Site                                                                             Collection Site Person

Time Test Was Completed                                                         Collection Site Person

 

I understand I am to go directly to the collection site located at: (address of collection site)

 

Employee's Signature                                                                 Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved  12/9/96               Reviewed  6/2017                       Revised12/8/14

 

403.7-E5 CERTIFICATION OF PREVIOUS EMPLOYERS REQUIRING A COMMERCIAL DRIVER'S LICENSE

 

Name                                                                                 Social Security Number

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

Company                                                                            

 

Address                                                                                      

 

City/State/Zip                                                                           

 

 

Company                                                                                   

 

Address                                                                                      

 

City/State/Zip                                                                           

 

 

Company                                                                                   

 

Address                                                                                      

 

City/State/Zip                                                                           

 

 

Company                                                                                   

 

Address                                                                                      

 

City/State/Zip                                                                           

 

 

Company                                                                                   

 

Address                                                                                      

 

City/State/Zip                                                                           

 

 

Signature                                                                                              Date

 

Approved  12/9/96   Reviewed  6/2017                    Revised12/8/14

 

403.7-E6 CERTIFICATION OF PREVIOUS EMPLOYERS REQUIRING A COMMERCIAL DRIVER'S LICENSE

 

Employee's Name                                                                                 Date of Observation

 

Time of Observation:  From                 a.m./p.m. to                a.m./p.m.

 

Location:                                                                                                                                  

 

Observed personal behavior:  (check all appropriate items)

 

Speech:                                            Normal         Incoherent         Confused

   Slurred       Whispering         Silent

 

Balance:                                           Normal         Swaying            Staggering          Falling

 

Walking and Turning:                       Normal         Stumbling           Swaying            Falling

   Arms raised for balance          Reaching for support

 

Awareness:                                       Normal         Confused            Paranoid

   Sleepy or Stupor                 Lack of coordination

 

Odor:                            Normal         Alcohol             Burned rope

 

Other observed behavior/odor:

 

 

 

 

Reasonable suspicion of current use or impaired by            alcohol       drugs.

Above behavior witnessed by:

 

Signed                                                                                        Date

 

 

Signed (optional)                                                                        Date

 

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol misuse by behavior, speech and/or odor while on duty, the earlier of within

24 hours or the determination of reasonable suspicion or prior to receiving the test results.  The observations must be specific, contemporaneous and articulable concerning the appearance, behavior, speech and body odor of the driver.

 

Approved  12/9/96               Reviewed  6/2017                         Revised12/8/14

 

403.7-E7 DRUG AND ALCOHOL TESTING PROGRAM PRE-EMPLOYMENT DRUG TEST ACKNOWLEDGMENT FORM

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

 

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

 

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

 

 

 

 

 

(Signature of Applicant)                                                                        (Date)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved  12/9/96   Reviewed           6/2017                  Revised12/8/14

 

403.7-E8 RANDOM TESTING DRIVER CHANGE LIST FORM IOWA DRUG AND ALCOHOL TESTING PROGRAM

School District Contact Person:                                                                                     Date:                    

 

School District:                                                                                                        Phone:                       

 

Address:

 

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

 

Additions

 

 

 

Deletions

 

SSN

 

Name

 

SSN

Name

 

 

 

 

 

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

 

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

 

 

Please fax or mail to:

 

Medical Enterprises Inc. Omaha NE

 

 

 

 

 

Approved  12/9/96   Reviewed   6/2017                              Revised12/8/14

 

403.7-E9 DRUG AND ALCOHOL TESTING PROGRAM REFERRAL TO SUBSTANCE ABUSE PROFESSIONAL ACKNOWLEDGMENT FORM

I,                       , understand I have violated the Drug and Alcohol Testing Program policy, its supporting administrative regulations and the law by having a

 

 

       Positive drug test result

 

                       Alcohol test result of

0.04 alcohol breath concentration or greater.

 

 

I understand in order to continue my employment, I must be evaluated by a substance abuse professional who shall determine what assistance, if any, I need in resolving problems associated with drug use and/or alcohol misuse.  I consent to submit to an evaluation by a substance abuse professional and I understand that my failure to cooperate with and complete the substance abuse evaluation may subject me to discipline up to and including termination.

 

I also understand that in order to continue my employment, I must successfully complete the substance abuse professional's recommended substance abuse treatment program, if any.  I consent to successfully complete any recommended substance abuse treatment program, and I understand that my failure to successfully participate and complete the recommended substance abuse treatment program, if any, may subject me to discipline up to and including termination.

 

I further understand that in order to continue my employment, I must authorize the release to the school district any records related to my substance abuse evaluation and recommended substance abuse treatment program in the possession of or accessible by the substance abuse professional.  I consent to authorize the release of the substance abuse professional's records related to my substance abuse evaluation and recommended substance abuse treatment program, if any, to the school district and I understand that my failure to release these records may subject me to discipline up to and including termination.

 

 

 

(Signature of Employee)                                                                       (Date)

 

 

 

 

 

 

 

 

Approved  12/9/96   Reviewed   6/2017                           Revised12/8/14

 

403.7-E10 POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

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

 

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

 

2.     Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.  Superintendent, Tipton Community School District, (1-563-886-6121).

 

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

 

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

b.         The driver was cited and one or more motor vehicles incurred disabling damage as

a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

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

 

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

 

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

 

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

 

7.      Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and may subject the driver to discipline up to and including termination.

 

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

 

 

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

 

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

 

11.   Complete the School Bus Accident Report form issued by the Iowa Department of

Education as soon as possible.

 

12.   Document failure to submit to a post-accident alcohol test:

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

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

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

 

13.   Document failure to submit to a post-accident drug test:

a.         Document why the driver was not drug tested within 32 hours after the accident. b.     A copy of the documentation must be submitted to the    school district contact person  upon return to the school district.

 

Approved  12/9/96               Reviewed  6/2017                               Revised 12/8/14

404 EMPLOYEE CONDUCT AND APPEARANCE

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

 

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

 

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

 

 

 

 

Legal Reference:      

Iowa Code ß 279.8 (1995).

282 I.A.C. 13.

 

 

Cross Reference:      

305      Administrator Code Of Ethics

403.5  Harassment

403.6  Substance-Free Workplace

407     Licensed Employee Termination of Employment

413     Classified Employee Termination of Employment

 

 

Approved   12/9/96                 Reviewed  6/2017                   Revised12/8/14

 

404.1R CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

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:

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

●    Lascivious acts with a child;

●    Assault with intent to commit sexual abuse;

●    Indecent contact with a child;

●    Sexual exploitation by a counselor;

●    Lascivious conduct with a minor;

●    Sexual exploitation by a school employee;

●    Enticing a minor under Iowa Code section 710.10; or

●    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)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)   Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)   As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

(5)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

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

(1)   The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)   The practitioner provided notice to the employing board no later than the latest of the following dates:

1.    The practitioner’s last work day of the school year;

2.    The date set for return of the contract as specified in statute; or

3.    June 30.

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

a.    Denying the student, without just cause, access to varying points of view.

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 purposeo.   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, student loan obligations, 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 9 concerning repayment of student loans. C.   Failing to comply with 282—Chapter 10 concerning child support obligations. D.         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.

 

 

 

Approved:     July 2016                                                          Reviewed:   6/12/2017                                                                    Revised: July 2016

404.1R1 EMPLOYEE CONDUCT

REGULATION I.                Commitment to the student.

The educator measures success by the progress of each student toward realization of potential as a worthy and effective citizen.  The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.  In fulfilling obligations to the student, the educator:

 

  1. Shall not without just cause restrain the student from independent action in a pursuit of learning and shall not without just cause deny the student access to varying points of view.
  2. Shall not deliberately suppress or distort subject matter for which the educator bears responsibility.
  3. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
  4. Shall conduct professional business in such a way that the educator does not expose the student to unnecessary embarrassment or disparagement.
  5. Shall not on the ground of race, color, creed, age, sex, physical or mental handicap, marital status, or national origin exclude any student from participation in or deny the student benefits under any program nor grant any discriminatory consideration or advantage.
  6. Shall not use professional relationships with students for private advantage.
  7. Shall keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
  8. Shall not tutor for remuneration students assigned to the educator's classes, unless no other qualified teacher is reasonably available.

 

II.      Commitment to the public.

The educator believes that patriotism in its highest form requires dedication to the principles of our democratic heritage.  The educator shares with all other citizens the responsibility for the development of sound public policy and assumes full political and citizenship responsibilities.  The educator bears particular responsibility for the development of policy relating to the extension of educational opportunities for all and for interpreting educational programs and policies to the public.  In fulfilling an obligation to the public, the educator:

  1. Shall not misrepresent an institution or organization with which the educator is affiliated and shall take adequate precautions to distinguish between personal and institutional or organizational views.
  2. Shall not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions.
  3. Shall not interfere with a colleague's exercise of political and citizenship rights and responsibilities.
  4. Shall not use institutional privileges for monetary private gain or to promote political candidates or partisan political activities.
  5. Shall accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment, not offer any favor, service, or thing of value to obtain special advantage.

 

III.      Commitment to the profession.

The educator believes that the quality of the services of the education profession directly influences the nation and its citizens.  The educator therefore exerts every effort to raise professional standards, to improve service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education.  In fulfilling an obligation to the profession, the educator:

  1. Shall not discriminate on the ground of race, sex, age, physical handicap, maritalstatus, color, creed or national origin for membership in the profession, nor interfere with the participation or nonparticipation of colleagues in the affairs of their professional association.
  2. Shall accord just and equitable treatment to all members of the profession in theexercise of their professional rights and responsibilities.
  3. Shall not use coercive means or promise special treatment in order to influence professional decisions of colleagues.
  4. Shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes.
  5. Shall not refuse to participate in a professional inquiry when requested by the commission board.
  6. Shall provide upon the request of the aggrieved party a written statement of specific reason for recommendations that lead to the denial of increments, significant change in employment or termination of employment.
  7. Shall not misrepresent professional qualifications.
  8. Shall not knowingly distort evaluations of colleagues.

 

 

IV.      Commitment to professional employment practices.

 

The educator regards the employment agreement as a pledge to be executed both in spirit and in fact in a manner consistent with the highest ideals of professional service. The educator believes that sound professional personnel relationships with governing boards are built upon personal integrity, dignity and mutual respect.  The administrator discourages the practice of the profession by unqualified persons.  In fulfilling the obligation to professional employment practices, the educator:

  1. Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
  2. Should recognize salary schedules and the salary clause of an individual teacher's contract as a binding document on both parties.  The educator should not in any way violate the terms of the contract.
  3. Shall not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
  4. Shall give prompt notice to the employing agency of any change in availability of service, and the employing agent shall give prompt notice of change in availability or nature of a position.
  5. Shall adhere to the terms of a contract or appointment unless these terms have been legally terminated, falsely represented, or substantially altered by unilateral action of the employing agency.
  6. Shall not delegate assigned tasks to unqualified personnel.
  7. Shall use time or funds granted for the purpose for which they were intended.

 

Approved   12/9/96                 Reviewed   6/2017                  Revised         1/13/15

 

 

 

405 LICENSED EMPLOYEES - GENERAL

405.1 LICENSED EMPLOYEE DEFINED

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

 

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.

 

Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.

 

 

 

 

 

Legal Reference:      

Clay v. Independent School District of Cedar Falls, 187 Iowa

89, 174 N.W. 47 (1919).

Iowa Code ßß 256.7(3); 272.6; 272A; 279.8; 294.1 (1995).

282 I.A.C. 14.

281 I.A.C. 12.4; 41.25.

1940 Op. Att'y Gen. 375.

 

 

Cross Reference:      

405.2  Licensed Employee Qualifications, Recruitment

Selection

410.1  Substitute Teachers

411.1  Classified Employee Defined

 

 

Approved   12/9/96                 Reviewed 6/2017    Revised   1/12/15

405.2 LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

 

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability.  Job applicants for licensed positions will be considered on the basis of the following:

 

      Training, experience, and skill;

      Nature of the occupation;

      Demonstrated competence; and

      Possession of, or ability to obtain, state license if required for the position.

 

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

 

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

The requirements stated in the TEA Labor Handbook regarding qualifications, recruitment and selections of such employees will be followed.

 

 

NOTE:  Marital status is not a protected class for employees.  The class may be added at the discretion of the board.  Boards may delegate the hiring of teachers to the superintendent.  If the board decides to do so, the delegation must be in board policy so boards should either accept the language in the board policy or develop their own.  For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 19 #10 – June 8, 2007.

 

 

Legal Reference:          29 U.S.C. §§ 621-634 (2012).

                                    42 U.S.C. §§ 2000e, 12101 et seq. (2012).

                                    Iowa Code §§ 20; 35C; 216; 279.13 (2013).

                                    281 I.A.C. 12.

                                    282 I.A.C. 14.

                                    1980 Op. Att'y Gen. 367.

 

 

Cross Reference:          401.1   Equal Employment Opportunity

                                    405      Licensed Employees - General

                                    410.1   Substitute Teachers

 

Approved                            Reviewed  6/2017                                            Revised 6/12/2017

405.2 LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," shall have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion or disability.  Job applicants for licensed positions shall be considered on the basis of the following:

  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to obtain, state license if required for the position.

 

Announcement of the position shall be in a manner which the superintendent believes will inform potential applicants about the position.  Completed applications shall be returned to the school district administrative office.  Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who will be directly supervising and overseeing the person being hired.

 

The board shall employ licensed employees after receiving a recommendation from the superintendent.  However, the superintendent shall have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

The requirements stated in the TEA Labor handbook regarding qualifications, recruitment and selections of such employees shall be followed.

 

Legal Reference:      

29 U.S.C. ßß 621-634 (1988).

42 U.S.C. ßß 2000e et seq. (1988).

42 U.S.C. ßß 12101 et seq. (Supp. 1990). Iowa Code ßß 20; 35C; 216; 294.1 (1995).

281 I.A.C. 12.

282 I.A.C. 14.

1980 Op. Att'y Gen. 367.

 

Cross Reference:      

401.1  Equal Employment Opportunity

405     Licensed Employees - General

410.1  Substitute Teachers

 

 

Approved   12/9/96                 Reviewed 6/2017                  Revised 6/12/2017

 

405.3 LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.

 

Each contract will be for a period of one year.

 

It shall be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, shall be returned to the superintendent.  The superintendent shall obtain the employee's signature.  After being signed, the contract shall be filed with the board secretary.

 

 

 

 

 

Legal Reference:      

Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

Iowa Code chs. 20; 279 (1995).

 

 

Cross Reference:      

405.2  Licensed Employee Qualifications, Recruitment, Selection

405.4  Licensed Employee Continuing Contracts

407     Licensed Employee Termination of Employment

 

 

Approved   12/9/96                 Reviewed  6/2017                  Revised  1/12/15

 

405.4 LICENSED EMPLOYEE CONTINUING CONTRACTS

LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law. 

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law.  The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies.

 

 

 

 

 

 

 

 

Legal Reference:    Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

                              Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

                              Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

                             Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                             Iowa Code §§ 272; 279.

 

 

Cross Reference:    405.3    Licensed Employee Individual Contracts

                                405.9    Licensed Employee Probationary Status

                                407    Licensed Employee Termination of Employment

 

 

Approved           12/9/96            Reviewed         6/20/17               Revised      10/09/17            

 

405.5 LICENSED EMPLOYEE WORK DAY

The work day for licensed employees shall begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year shall have the same work day as other licensed employees.  "Day" is defined as one work day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day.  Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.

The building principal is authorized to make changes in the work day in order to facilitate the education program.  These changes shall be reported to the superintendent.

The work day outlined in this policy is a minimum work day.  Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

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

 

 

 

 

Legal Reference:       Iowa Code ßß 20; 279.8 (1995).

Cross Reference:       200.2  Powers of the Board of Directors

 

 

Approved   12/9/96                 Reviewed   6/2017                  Revised 10/9/2017

 

405.6 LICENSED EMPLOYEE ASSIGNMENT

 

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

 

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

 

 

 

 

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20.9; 279.8 (1995).

 

 

Cross Reference:       200.2  Powers of the Board of Directors

 

 

Approved   12/9/96                 Reviewed   6/2017                  Revised  6/12/2017

 

405.7 LICENSED EMPLOYEE TRANSFERS

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the Superintendent of Schools.  In making such assignments the Superintendent shall consider the qualifications of each licensed employee and the needs of the school district.

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

The decision or determination on a request for voluntary transfer shall not be subject to grievance procedures.

In the case of involuntary transfer, they shall not be made for wholly, arbitrary or capricious reasons. 

The requirements stated in the TEA Labor Handbook regarding transfers of employees shall be followed.

 

 

 

 

 

Legal Reference:      Iowa Code ßß 20.9; 216.14; 279.8 (1995).

 

 

Cross Reference:

405.2

Licensed Employee Qualifications, Recruitment, Selection

 

405.6

Licensed Employee Assignment

 

 

Approved   12/9/96                  Reviewed   6/2017                  Revised  1/12/15

 

405.8 LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, shall be to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

 

The formal evaluation criteria shall be in writing and approved by the board.  The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth.  The formal evaluation shall be completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

 

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

 

The requirements stated in the TEA Labor Handbook regarding evaluation of such employees shall be followed.

 

 

 

 

 

 

 

 

Legal Reference:      

Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983). Iowa Code ßß 20.9; 279.14, .19, .27 (1995).

281 I.A.C. 12.3(4).

 

 

Cross Reference:

405.2

Licensed Employee Qualifications, Recruitment, Selection

 

405.9

Licensed Employee Probationary Status

 

 

Approved   12/9/96                  Reviewed     6/2017                Revised  6/12/2017

 

405.9 LICENSED EMPLOYEE PROBATIONARY STATUS

Code No.  405.9

LICENSED EMPLOYEE PROBATIONARY STATUS

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

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period for one additional year with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause year or immediately discharge the employee consistent with applicable law and board policies.

Legal Reference:    Iowa Code § 279.

Cross Reference:    405.4    Licensed Employee Continuing Contracts

                405.8        Licensed Employee Evaluation

 

 

Approved          12/9/96             Reviewed       6/20/17                 Revised            10/09/17       

 

406 LICENSED EMPLOYEE COMPENSATION AND BENEFITS

406.1 LICENSED EMPLOYEE SALARY SCHEDULE

 

 

Code No. 406.6

 

 

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

 

 

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

 

Licensed employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent. [Requests for purchase or change of tax-sheltered annuities may be made _______________________________________________].

 

 

Note:  The school district time frame for adding or changing tax-sheltered annuities should be reflected in this policy, if the school district uses one.  The time frame should be inserted in the blank in the second paragraph.

 

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.). 

 

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:          Iowa Code §§ 260C; 273; 294.16.

                                    1988 Op. Att'y Gen. 38.

                                    1976 Op. Att'y Gen. 462, 602.

                                    1966 Op. Att'y Gen. 211, 220.

 

 

Cross Reference:          706      Payroll Procedures

                

Approved   12/9/96             Reviewed     1/12/15                    Revised 4-10-2018

 

406.2 LICENSED EMPLOYEE SALARY SCHEDULE ADVANCEMENT

The board shall determine which licensed employees will advance on the salary schedule for the licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

 

It shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees on the salary schedule.

 

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

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20.1, .4, .7, .9; 279.8 (1995).

 

 

Cross Reference:

405

Licensed Employees - General

 

406

Licensed Employee Compensation and Benefits

 

 

Approved   12/9/96                  Reviewed   6/2017                 Revised

 

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule.  Licensed employees who have completed additional hours will be considered for advancement on the salary schedule.  The board shall determine which licensed employees will advance on the salary schedule for continued education keeping in mind the

financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.

 

Licensed employees who wish to obtain additional education for advancement on the salary schedule must notify their supervisor by June 1 of the school year preceding the actual year when advancement occurs.  This additional education must be in the same area as the education that was required of the employee to hold the employee's current position with the school district.  For purposes of illustration only, a math teacher would advance on the salary schedule only if the additional education was in math courses.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

 

It shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee on the salary schedule.

 

The requirements stated in the Master Contract between licensed employees in a certified collective bargaining unit and the board regarding continued education credit of such employees shall be followed.

 

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20.1, .4, .7, .9; 279.8 (1995).

 

 

Cross Reference:

405

Licensed Employees - General

 

406

Licensed Employee Compensation and Benefits

 

 

Approved:  12/9/96                  Reviewed:     6/12/17                Revised:

 

406.4 LICENSED EMPLOYEE COMPENSATION FOR EXRA DUTY

Code No.  406.4

 

 

LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

 

 

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

 

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

 

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review.

 

 

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.). 

 

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:          Iowa Code §§ 279.8, .13-.15, .19A-B.

 

 

Cross Reference:          405      Licensed Employees - General

                                    406      Licensed Employee Compensation and Benefits

 

 

                Approved   12/9/96                  Reviewed  6/2017                  Revised 4-10-2018

 

406.5 LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

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

 

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

 

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work  30 per week are eligible to participate in life and long term disability group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage.

 

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan. 

 

 

The requirements stated in the TEA Labor Handbook regarding the group insurance benefits of such employees shall be followed.

 

 

NOTE: Beginning on January 1, 2015, school districts that employ an average of at least 50 full-time employees (including an equivalent for part-time employees), are required to offer health coverage to full-time employees (and their dependents) or pay a penalty tax under the ACA Employer Mandate. Districts with 50-99 full-time employees (including an equivalent for part-time employees) may have until their 2016 plan year before compliance is required, if certain conditions are satisfied. Option I assumes a school district employs at least 50 full-time employees (including an equivalent for part-time employees) and is subject to the ACAs Employer Mandate. Boards can edit Option I to reflect their district's actual coverage (e.g., additional group insurance plans offered by the districts, which may include: life and long-term disability group insurance plans).

 

NOTE: For a more detailed discussion of this issue, see IASB’s Special Report, A School District’s Responsibilities under the Federal Patient Protection and Affordable Care Act (ACA), December 2014.

 

NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).  

 

 

 

 

 

 

 

 

Legal Reference:     

Iowa Code ßß 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (1995).

 

Cross Reference:                                 

405.1  Licensed Employee Defined

 

 

 

Approved   12/9/96                 Reviewed  6/2017                   Revised 6/12/2017

 

406.6 LICENSED EMPLOYEE PAYROLL DEDUCTIONS

Upon appropriate written authorization from the employee, the Board shall deduct from the salary of any employee and make appropriate remittance for annuities, insurances, United Fund, Credit Union, or any other plans or programs.

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20.9; 260C; 273; 294.16 (1995).

1988 Op. Att'y Gen. 38.

1976 Op. Att'y Gen. 462, 602.

1966 Op. Att'y Gen. 211, 220.

 

Cross Reference:                                 

706  Payroll Procedures

 

 

Approved   12/9/96                 Reviewed  6/2017                  Revised 1/12/15

407 LICENSED EMPLOYEE TERMINATION OF EMPLOYMENT

407.1 LICENSED EMPLOYEE RESIGNATION

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.

Resignations of this nature will be accepted by the board.

 

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good

faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

 

 

 

 

Legal Reference:      

Iowa Code ßß 91A.2, .3, .5; 279.13, .19A (1995).

 

Cross Reference:                                 

405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

407     Licensed Employee Termination of Employment

 

 

Approved  12/9/96               Reviewed 6/2017                 Revised

407.2 LICENSED EMPLOYEE CONTRACT RELEASE

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

 

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board up to $750† for expenses incurred to locate and hire a suitable replacement.  Resignations received after July 1 will be required to pay the board up to $750. Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary.  Payment of these costs shall be a condition for

release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

 

The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

 

 

 

 

Legal Reference:      

Iowa Code ßß 216; 272; 279.13, .19A, .46 (1995).

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:

405.3

Licensed Employee Individual Contracts

 

405.4

Licensed Employee Continuing Contracts

 

407.3

Licensed Employee Retirement

 

 

 

Approved:   12/9/96                   Reviewed:     6/12/2017                Revised:

 

407.3 LICENSED EMPLOYEE RETIREMENT

Licensed employees who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at a specific age.

 

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances

exist.  It shall be within the discretion of the board to determine whether special circumstances exist.

 

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes nonrenewal of the employee's contract for the next school year.

 

Licensed employees who retire under this policy may qualify for retirement benefits through the

Iowa Public Employees Retirement System.

 

Licensed employees and their spouse and dependents shall be allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

 

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 97B; 216; 279.46 (1995).

581 I.A.C. 21.

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:       401.8  Recognition for Service of Employees

 

Approved   12/9/96                   Reviewed   6/2017                   Revised

407.3A TIPTON COMMUNITY SCHOOL DISTRICT EARLY RETIREMENT PROGRAM-Certified Staff

WHEREAS, Iowa Code 279.46 allows a local school district to adopt a program for payment from the general operating and/or management funds of a monetary bonus, continuation of health or medical insurance coverage, or other incentives for encouraging its employees to retire before the normal retirement date as defined in Chapter 97B; and,

WHEREAS, a one-time Supplemental Retirement Incentive provides two generally desirable benefits, i.e., it provides financial advantages for those persons who are near a personal decision to retire and it may enable necessary staffing modification to take place without disrupting careers of those who wish to stay on the job; and,

WHEREAS, at the discretion of the Board of Education a Supplemental Retirement Incentive may be offered to provide a one-time retirement incentive as long as it does not discriminate against employees in accordance with the Federal Age Discrimination in Employment Act (ADEA) and Older Worker Benefit Protection Act (OWBPA);

THEREFORE, be it resolved that the Tipton Community School District Board of Education hereby establishes the following provisions for implementing a Supplemental Retirement Incentive program for four employees submitting an application to the Tipton Community School District Board Secretary’s Office no later no later than 4:00pm on date specified by the School Board.

Provision #1: Employees eligible to retire in accordance with the accompanying criteria will be provided…

a. $6000 / year for five years.  The retirement incentive will be paid into a 403.b.

$6000 may be withdrawn after deposit in the 403.b thus allowing the staff member a substantial tax savings.  In the event of the death of the retiring employee prior to completion of the installment payments provided for in this section, the remaining installments shall be paid to the estate, heirs, or successors in interest of such deceased employee on the same basis to which the retiring employee would have been entitled had he or she survived. Any deductions required by State or Federal Laws shall be made prior to payment of the net amount due.

 

b. Health insurance participation at his or her own expense until age 65. A successful applicant must satisfy each and all of the following criteria:

1. Reached age 55 on or before June 30th.

2.  Complete 15 years of full time, continuous service with the Tipton Community

School District .

3.  Continue to successfully perform their assigned duties within the school district through the end of their current contract.

4.  Submit an application package to the Board Secretary no later than 4:00pm on date specified.

5.  Submit a written resignation to the Board Secretary effective the end of the current work year. The resignation shall be contingent upon approval by the Board of participation in the early retirement plan.

6. Receive Board approval of the application to participate in the early retirement plan.  Approval shall be in the sole discretion of the Board.

Provision #2: Retirement applications submitted any time after 4:00 PM on date specified may be considered at the discretion of the Board.    A complete application package including a letter of resignation, pending the applicant’s approval for participation in the Early Retirement Program, must be attached to the application.

 Application considerations will be based upon the date and time of receipt by the business office.

Provision #3: Employees participating in the Supplemental Retirement Incentive Program will be considered retired at the end of the day on (date set by school board).

Provision #4: Any other retirement provision offered to Tipton Community School District employees shall be in accordance with said rights and privileges of such employees under applicable law, policies, administrative rules and provisions of the State of Iowa.

Provision  #5: The Board of Directors  reserves  the right to change  the number  of applications  approved,  including  approving  none.   The Board and its designees  shall be the sole, exclusive,  and final interpreter  of all issues under  this resolution  including,  but not limited to, eligibility  and calculations of benefits

Provision  #6: the Board reserves  complete  discretion  to offer, or not to offer,  an early retirement  plan for certified  employees in the future.      

Approved      Reviewed 6/2017       Revised

 

407.4 LICENSED EMPLOYEE SUSPENSION

Licensed employees shall perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

 

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

 

 

 

 

Legal Reference:    

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

Iowa Code ßß 20.7, .24; 279.13, .15-.19, .27 (1995).

 

 

Cross Reference:    

404  Employee Conduct and Appearance

407  Licensed Employee Termination of Employment

 

 

Approved   12/9/96                    Reviewed     6/2017                Revised

407.5 LICENSED EMPLOYEE REDUCTION IN FORCE

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

 

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

 

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

 

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

 

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

 

The requirements stated in the TEA Labor Handbook regarding the reduction in force of such employees shall be followed.

 

Legal Reference:      

Iowa Code ßß 20.7, .24; 279.13, .15-.19, .27 (1995).

 

 

Cross Reference:      

407.4  Licensed Employee Suspension

413.5  Classified Employee Reduction in Force

703     Budget

 

 

Approved   12/9/96                    Reviewed     1/12/15               Revised  6/12/2017

408 LICENSED EMPLOYEE PROFESSIONAL GROWTH

408.1 LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board shall maintain and support an in-service program for licensed employees.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, shall be made to the superintendent. Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent shall have sole discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent.  Requests that involve unusual expenses or overnight travel must also be approved by the board.

 

 

Legal Reference:      

Iowa Code ß 279.8 (1995).

281 I.A.C. 12.7.

 

 

Cross Reference:      

414.9  Classified Employee Professional Purposes Leave

 

 

Approved   12/9/96                    Reviewed   6/12/2017                Revised  6/12/2017

 

408.2 LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

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

 

 

 

 

 

Legal Reference:       Iowa Code ß 279.8 (1995).

 

Cross Reference:

401.2

Employee Conflict of Interest

 

606.4

Student Production of Materials and Services

 

 

Approved   12/9/96                   Reviewed   6/12/17               Revised

 

408.3 LICENSED EMPLOYEE TUTORING

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

 

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

 

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

 

 

 

 

Legal Reference:       Iowa Code ßß 20.7; 279.8 (1995).

 

Cross Reference:

401.2

Employee Conflict of Interest

 

402.6

Employee Outside Employment

 

Approved   12/9/96                    Reviewed   6/12/17                 Revised

409 LICENSED EMPLOYEE VACATIONS AND LEAVES OF ABSENCE

409.1 LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

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

 

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

 

The requirements stated in the between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees shall be followed.

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 1C.1-.2; 4.1(34); 20.9 (1995).

 

 

Cross Reference:      

414.1  Classified Employee Vacations - Holidays - Personal Leave

601.1  School Calendar

 

 

Approved  12/9/96               Reviewed     6/2017                 Revised 6/2017

 

409.1A PERSONAL LEAVE

Each employee who works at least 182 days per year is allowed not to exceed two (2) paid personal leave days per year (the day would be equivalent to the employee's regular day - full time for full-time and part-time for part-time.) The personal leave policy is established for employees to take care of some business or obligation which cannot be cared for when school is not in session.

 

Personal leave shall be cumulative to a maximum of four (4) days available in one (1) year. Any licensed staff member that does not use their personal days at the end of the school year may cash them in for the district’s substitute pay scale.

 

Applications for personal leave must be requested in advance and the leave approved by the respective principal or supervisor and the superintendent. The leave will be granted on the basis of available qualified substitutes who are to be arranged for by the supervisor prior to granting the release.

 

Personal days may be used in increments of one-half or whole. No other fractional amounts will be allowed.

 

 

 

 

 

Cross Reference:       414.1A Personal Leave (Classified Staff)

 

 

Approved  12/9/96        Reviewed     6/2017                  Revised

409.2 LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

A.      Sick Leave Defined

Unavoidable absence due to personal illness.

 

B.      Accumulation of Sick Leave Days

Each employee in the Association shall be credited with sick leave days as follows:

First year of employment in Tipton Schools ...............10 days

Second year of employment in Tipton Schools..............11 days

Third and subsequent years of employment in

Tipton Schools....................................................15  days

 

The above amounts shall apply only to consecutive years of employment in the Tipton Community Schools except as otherwise provided.

 

The unused portion of each year's credit is cumulative to a maximum of one hundred ninety  (190) days.

 

C.      Notification of Accumulation

Each employee shall be informed of the number of sick leave days accumulated as of the beginning of the current school year by November 1st.

 

D.      Verification of Sick Leave Need

The Board of Education will not generally require a doctor's statement as evidence of justifiable absence because of illness on a short-time basis. however, if an employee is absent from work for more than five (5) consecutive contract days for sick leave reasons a written statement from the  employee's doctor stating that he/she is physically or mentally unable to perform his/her assigned school task is required by the employer. The Board of Education reserves the right to employ its own physician to review the employee's doctor's opinion as written on the statement. If the two disagree, a third physician, also employed by the Board, (chosen by the employee and the Board, or in the event they cannot agree, by the County Medical Society) shall render an opinion on the issue of medical capacity to continue or resume the performance of duties, which opinion shall be binding on the parties.

 

The statement from the physician shall:

1.        State definitely the physician's opinion as to the time in dates between which the employee is unable to perform his/her assigned duties.

2.        Explain the illness or disability which requires the employee to be absent from his/her job.

 

 

 

E.      A statement from the employee's physician may be required to establish a date for returning to work or for continuing to work when there is question as to whether an employee is able to do so.

 

F.      Sick leave shall not be granted for surgery or for other reasons for which reasonable evidence cannot be shown confirming the necessity of sick leave absence. All sick leave benefits shall terminate upon termination of employment pursuant to Chapter 279, Code of Iowa, or upon resignation, except for those employees on recall.

 

 

 

 

 

Legal Reference:       Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

26 U.S.C. ß 2601 et seq. (Supp. 1993)

29 C.F.R. Pt. 825 (1993).

Iowa Code ßß 20; 85.33, .34, .38(3); 216; 279.40 (1995).

1980 Op. Att'y Gen. 605.

1972 Op. Att'y Gen. 177, 353.

1952 Op. Att'y Gen. 91.

 

 

Cross Reference:

403.2

Employee Injury on the Job

 

409.3

Licensed Employee Family and Medical Leave

 

409.8

Licensed Employee Unpaid Leave

 

 

Approved   12/9/96                    Reviewed   6/2017                 Revised

409.3 EMPLOYEE FAMILY AND MEDICAL LEAVE

Code No. 409.3

 

EMPLOYEE FAMILY AND MEDICAL LEAVE

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

 

Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  Employees shall be required to complete all necessary Family and Medical Leave Act documentation prior to any leave being approved as family and medical leave.  The required documentation shall be as outlined in this policy, and required by the Department of Labor.  All documentations and forms shall be available in the administrative offices of each building.  If the employee fails to complete and return all necessary Family and Medical Leave Act documentation, and the leave is such that would be covered as approved family and medical leave, administration may designate the leave as approved family and medical leave.

 

The District may require or employees may request to run concurrently applicable paid leave during any family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.

 

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

 

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

 

 

 

 

Approved  12/9/96             Reviewed  6/2017              Revised  8-8-16

 

 

409.3E1 EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST

Code No. 409.3E1

 

EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:____________________

 

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

                  _____        for the birth of my child;

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

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

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

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

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

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

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

 

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

 

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

 

I request that my family and medical leave begin on ____________________ and I request leave as follows: (check one of the three (3) options)

_____        continuous, and I anticipate that I will be able to return to work on ___________.

                  _____        intermittent leave for the:

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

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

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

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

 

Details of the needed intermittent leave:

 

 

 

                                      

     I anticipate returning to work at my regular schedule on _________________.

 

                  _____        reduced work schedule for the:

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

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

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

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

 

Details of needed reduction in work schedule as follows:

 

 

 

                                   

I anticipate returning to work at my regular schedule on ___________________.

 

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

 

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

 

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

 

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

 

Signed

 

 

 

Date

 

Approved       Reviewed  6/2017      Revised  

409.3R1 EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATIONS

Code No. 409.3R1

EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATIONS

A.         School District Notice

1.         The school district will post the notice in this series regarding family and medical leave.

2.         Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.

3.         When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

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

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

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

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

 

B.         Eligible Employees

1.         Employees are eligible for family and medical leave if the following criteria are met:

a.         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

b.         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.

 

C.         Employee Requesting Leave (two types of leave)

            1.         Foreseeable family and medical leave

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

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

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

            2.         Unforeseeable family and medical leave.

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

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

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

 

D.         Eligible Family and Medical Leave Determination

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

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

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

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

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

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

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

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

            3.         Medical certification.

                        a.         When required:

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

ii.         Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member; and/or

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

                        b.         Employee's medical certification responsibilities:

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

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

iii.        If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.

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

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

e.         Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

f.          An employee who fails to complete and return all necessary Family and Medical Leave Act documentation may have the leave designated by administration as approved family and medical leave, provided the leave is such that would be covered as approved family and medical leave.

 

E.         Entitlement.

1.         Employees are entitled to twelve (12) weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to twenty-six (26) weeks of unpaid family and medical leave but only in a single twelve (12) month period.

2.         Year is defined as the twelve (12) month period beginning July 1 any year and ending June 30 the following year.

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

                        a.         Deny the leave if entitlement is exhausted;

                        b.         Award leave available; and/or

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

 

F.         Type of Leave Requested.

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

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

                        a.         Intermittent family and medical leave is available for:

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

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

iii.        a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter, 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 or Reserves; and/or

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

b.         In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

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

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

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

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

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

iii.        a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter, 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 or Reserves; and/or

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

b.         In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

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

 

G.         Special Rules for Instructional Employees.

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

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

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

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

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

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

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

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

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

 

H.         Employee responsibilities while on family and medical leave.

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

2.         The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district by delivery of cash or check to the employer’s business office by the first day of the month in which premiums are due to the carrier.

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 fifteen (15) days.

4.         An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty (30) days and return the certification within fifteen (15) days of the request. 

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

 

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

1.         The district may require or an employee may request their unpaid family and medical leave run concurrently with applicable paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement, as outlined in the family and medical leave administrative rules.  When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave.

2.         The district may require or an employee may request to run concurrently paid sick and/or personal leave with unpaid FMLA leave for the serious health condition of the employee only.  Upon the expiration of paid leave, the FMLA leave for the serious health condition of the employee is unpaid.

3.         The district may require or an employee may request to run concurrently paid family sick leave and personal leave with unpaid FMLA leave for the serious health condition of an employee's family member.  Upon the expiration of paid leave, the FMLA leave for the serious health condition of an employee's family member is unpaid.

4.         The district may require or an employee may request to run concurrently paid sick leave/family illness leave with their unpaid FMLA leave for the birth of their child as follows:  a mother may run concurrently her available paid sick leave for so long as her health care provider certifies that she is unable to perform the essential functions of her job/has a serious health condition; a mother may run concurrently her available paid family illness leave for so long as a health care provider certifies that her newborn infant has a serious health condition; and a spouse may run concurrently his/her available paid family illness leave for so long as a health care provider certifies that the employee is needed  to care for the mother who has a serious health condition or child who has a serious health condition.  Upon the expiration of paid leave, the FMLA leave for the birth of a child or for the placement of a child for adoption or foster care is unpaid.

5.         The district may require or an employee may request to run concurrently available paid personal leave with their unpaid FMLA leave for the birth of their child or for placement with the employee of a child for adoption or foster care.  Upon the expiration of paid leave, the FMLA leave for the birth of a child or for the placement of a child for adoption or foster care is unpaid.

 

 

 

 

 

Approved                   Reviewed   6/2017                Revised 8/8/2016

409.3R2 EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Code No. 409.3R2

 

 

EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

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

 

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

 

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

 

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

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

  • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
  • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.

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

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

  • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
  • continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

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

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

 

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

 

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

 

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

 

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

 

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

 

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

 

Health Care Provider-

·    A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

·    Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and

·    Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

·    Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;

·    Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;

·    A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

 

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

 

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

 

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

 

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

 

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

 

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

 

Next of Kin - an individual's nearest blood relative

 

 

Outpatient Status - the status of a member of the Armed Forces assigned to one of the following:

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

 

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

 

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

 

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

 

Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves:

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

·    Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

·    Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

·    Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

·    Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

 

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

 

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

 

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

 

 

 

 

 

Approved                          Reviewed   6/2017                            Revised  8/8/2016

409.4 LICENSED EMPLOYEE BEREAVEMENT LEAVE AND CRITICAL ILLNESS

Bereavement Leave

 

The days of leave requested shall be granted up to three (3) days at any one time in the event of death of an employee's spouse, son, daughter, brother, sister, father, mother, grandparent, grandchildren, like in-laws, stepchild, stepparent, stepbrother, stepsister, or any member of the immediate household. An additional two days may be granted upon approval of the immediate supervisor for bereavement leave. An additional one (1) day per year for the bereavement of individuals not covered above shall be available for an employee to use.

 

Critical Illness Leave

 

The days of leave requested shall be granted up to two (2) days at any one time in the event of critical illness of an employee's spouse, son, daughter, brother, sister, father, mother, grandparent, grandchild,like in-laws, stepchild, stepparent, stepbrother, stepsister,  or any member of the immediate household. An additional two days may be granted upon approval of the immediate supervisor for critical illness. Critical illness shall be defined as illness requiring inpatient hospitalization and/or emergency room care.

 

 

 

 

Legal Reference:  Iowa Code ßß 20.9; 279.8 (1995).

 

 

Cross Reference: 414  Licensed Employee Vacations and Leaves of Absence

 

 

Approved   12/9/96                   Reviewed     6/2017               Revised      5/12/03

 

409.5 LICENSED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to licensed employees to run for elective public office. The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

 

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

 

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

 

 

 

 

 

Legal Reference:      

Iowa Code ch. 55 (1995).

 

 

Cross Reference:      

401.9  Employee Political Activity

409     Licensed Employee Vacations and Leaves of Absence

 

 

 

Approved   12/9/96                    Reviewed   6/2017                  Revised

 

409.6 LICENSED EMPLOYEE JURY DUTY LEAVE

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

 

Employees who are called for jury service shall notify the direct supervisor  within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

 

Licensed employees will receive their regular salary.  Any payment for jury duty shall be deducted from the employee's paycheck.

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20.9; 607A (1995).

 

 

Cross Reference:       409  Licensed Employee Vacations and Leaves of Absence

 

 

Approved   12/9/96                    Reviewed  6/2017                   Revised

 

409.7 LICENSED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes licensed employees may be called to participate in the armed forces, including the national guard.  If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

 

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

 

 

 

 

 

 

Legal Reference:      

Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Iowa Code ßß 20; 29A.28 (1995).

 

 

Cross Reference:      

409  Licensed Employee Vacations and Leaves of Absence

 

 

 

Approved   12/9/96                    Reviewed  6/2017                  Revised

 

409.8 LICENSED EMPLOYEE UNPAID LEAVE

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

 

The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

 

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

 

Whenever possible, licensed employees shall make a written request for unpaid leave 10 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

 

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

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (1995).

 

Cross Reference:                                 

409  Licensed Employee Vacations and Leaves of Absence

 

 

Approved   12/9/96                    Reviewed   6/2017                  Revised

 

410 OTHER LICENSED EMPLOYEES

410.1 SUBSTITUTES

Code No.  410.1

 

 

SUBSTITUTE TEACHERS

 

 

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

 

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees.  Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent.  It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

 

Substitute teachers will be paid a per diem rate. Substitutes employed for   20 or more consecutive days in the same position shall be paid based upon qualifications and experience, [and will be retroactive to the first day of the substitute period].  Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

 

Note:  School districts should reflect their practice in the third paragraph by inserting a number in the blank and by determining whether placement on the salary schedule is retroactive.  Both decisions are within the discretion of the board.

 

 

Approved   12/9/96                    Reviewed 6/2017                     Revised

 

410.2 SUMMER SCHOOL LICENSED EMPLOYEES

Code No.  410.2

SUMMER SCHOOL LICENSED EMPLOYEES

The Tipton Community School District shall offer summer school options in accordance with law and may, in its discretion offer additional programming during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

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

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

Legal Reference:    Iowa Code §§ 279.8; 280.14.

Cross Reference:    505.2 Student Promotion – Retention - Acceleration

    603.2    Summer School Instruction

 

Approved      12/9/96                 Reviewed     10/12/15                   Revised      10/09/17            

 

410.3 TRUANCY OFFICER

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

 

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

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 299.10-.11, .15 (1995).

 

Cross Reference:                                 

501.10  Truancy - Unexcused Absences

 

 

 

 

Approved   12/9/96                    Reviewed     6/2017               Revised

 

410.4 EDUCATION AIDE

The board may employ education aides or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

 

  • managing and maintaining records, materials and equipment;
  • attending to the physical needs of children; and
  • performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

 

Education aides who hold a teaching certificate shall be compensated at the rate of pay established for their position as an education aide.  It shall be the responsibility of the principal to supervise education aides.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 279.8; 280.3, .14 (1995).

281 I.A.C. 12.4(9); .5(9).

 

Cross Reference:      

411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

Approved   12/9/96                    Reviewed   6/2017               Revised

411 CLASSIFIED EMPLOYEES - GENERAL

411.1 CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees shall include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance.  The position may be full-time or part-time.

 

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

 

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

 

 

 

 

Legal Reference:       Iowa Code ßß 20; 279.8 (1995).

 

 

Cross Reference:

405.1

Licensed Employee Defined

 

411.2

Classified Employee Qualifications, Recruitment, Selection

 

412.3

Classified Employee Group Insurance Benefits

 

 

 

 

Approved   12/9/96                   Reviewed   6/2017                 Revised

 

411.2 CLASSIFIED EMPLOYEE – QUALIFICATIONS, RECRUITMENT, SELECTION

Code No.  411.2

CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for classified employee positions will be considered on the basis of the following:

    Training, experience, and skill;

    Nature of the occupation;

    Demonstrated competence; and 

    Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

[The superintendent will recommend employment of classified employees to the board for approval.]  

NOTE: This is a mandatory policy.  The board has the authority to delegate hiring of classified staff to the superintendent if it is stated in board policy.  The board has to specify in policy the classified positions the superintendent is authorized to hire.   

Legal Reference:    29 U.S.C. §§ 621-634.

            42 U.S.C. §§ 2000e; 12101 et seq. 

            Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20

            281 I.A.C. 12

Cross Reference:    401.1    Equal Employment Opportunity

            411    Classified Employees - General

 

Approved      12/9/96                 Reviewed           1/12/15             Revised   September 2017    

 

411.3 CLASSIFIED EMPLOYEE CONTRACTS

The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.

 

Each contract shall include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or without cause.

 

Classified employees shall receive a job description stating the specific performance responsibilities of their position.

 

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.  The contracts, after being signed by the board president, shall be filed with the board secretary.

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20; 279.7A; 285.5(9) (2003).

 

Cross Reference:                                 

411      Classified Employees - General

412.1  Classified Employee Compensation

412.2  Classified Employee Wage and Overtime Compensation

413     Classified Employee Termination of Employment

 

 

 

 

 

 

 

 

 

Approved   12/9/96                 Reviewed  6/2017                  Revised

 

411.4 CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification shall keep them current at their own expense.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law and by the Iowa Department of Education

for the position.

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 272.6; 285.5(9) (1995).

281 I.A.C. 12.4(10); 36; 43.12-.24.

 

 

Cross Reference:      

411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

Approved   12/9/96                    Reviewed  6/2017                   Revised

 

411.5 CLASSIFIED EMPLOYEE ASSIGNMENT

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

 

It shall be the responsibility of the superintendent to assign classified employees and report such assignments to the board.

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20; 279.8 (1995).

 

 

Cross Reference:

200.2

Powers of the Board of Directors

 

411.6

Classified Employee Transfers

 

 

Approved   12/9/96                   Reviewed  6/2017                 Revised

411.6 CLASSIFIED EMPLOYEE TRANSFERS

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

 

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

 

It shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

 

 

 

 

Legal Reference:      

29 U.S.C. ßß 621-634 (1988).

42 U.S.C. ßß 2000e et seq. (1988)

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

Iowa Code ßß 20.9; 35C; 216; 279.8; 294.1 (1995).

 

 

Cross Reference:

411.2

Classified Employee Qualifications, Recruitment, Selection

 

411.5

Classified Employee Assignment

 

 

Approved   12/9/96                    Reviewed  6/2017                   Revised

 

411.7 CLASSIFIED EMPLOYEE EVALUATION

The Superintendent of Schools shall be responsible for the continuous evaluation of the classified employees of the district.

 

Supervisors of classified employees shall submit such evaluations in writing to the Superintendent in such manner and at such times as may be determined by the Board of Directors and the Superintendent.

 

 

 

 

 

 

Legal Reference:      

Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983). Iowa Code ßß 20.9; 279.14 (1995).

281 I.A.C. 12.3(4).

 

 

Cross Reference:

411.2

Classified Employee Qualifications, Recruitment, Selection

 

411.8

Classified Employee Probationary Status

 

 

 

Approved   12/9/96                    Reviewed     6/2017                Revised

 

411.8 CLASSIFIED EMPLOYEE PROBATIONARY STATUS

The first year of a newly employed classified employee's contract shall be a probationary period. "Day" shall be defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, shall be subject to this probationary period.

 

"New" employees includes individuals who are being hired for the first time by the school

district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.

 

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

 

 

 

 

Legal Reference:       Iowa Code ßß 20; 279.8 (1995).

 

Cross Reference:

411.3

Classified Employee Contracts

 

411.7

Classified Employee Evaluation

 

Approved   12/9/96                   Reviewed   6/2017                 Revised

 

412 CLASSIFIED EMPLOYEE COMPENSATION AND BENEFITS

412.1 CLASSIFIED EMPLOYEE COMPENSATION

The board shall determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

 

Interim salaries may be set by the superintendent when in keeping and commensurate with the salaries already assigned.

 

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

 

 

 

 

Legal Reference:       Iowa Code ßß 20.1, .4, .7, .9; 279.8 (1995).

 

Cross Reference:

411.3

Classified Employee Contracts

 

412.2

Classified Employee Wage and Overtime Compensation

 

Approved   12/9/96                    Reviewed     6/2017                Revised

 

412.2 CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

The Board of Directors believes all non-exempt personnel should be compensated for any approved hours worked over forty hours in a work week. This compensation shall be in compliance with the state and federal laws.

 

Each non-exempt employee compensated on an hour by hour basis, whether full or part time, permanent or temporary, will be paid no less than the federal Minimum Wage. Whenever a non- exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half time his/her regular hourly wage rate. Overtime will not be permitted without prior authorization of the employee's immediate supervisor.

 

Each nonexempt employee paid on an hour by hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked. Failure of the employee to maintain or falsification of such records will be grounds for disciplinary action.

 

It is the responsibility of the superintendent of schools to maintain records and to establish regulations and procedures to comply with this policy and the requirements of the law, particularly the Fair Labor Standards Act.

 

 

 

Legal Reference:      

Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

29 U.S.C. ßß 206 et seq. (1988).

29 C.F.R. Pt. 511-800 (1993).

 

Cross Reference:

411.3

Classified Employee Contracts

 

412.1

Classified Employee Compensation

 

 

Approved   12/9/96                    Reviewed   6/2017                Revised

 

412.3 CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

Classified employees shall be eligible for group insurance and health  benefits.  The board shall select the group insurance program and the insurance company which will provide the program.

 

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

 

The requirements stated in the Classified Staff Handbook between employees and the board regarding the group insurance benefits of such employees shall be followed.

 

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20.9; 85; 85B; 279.12; 509; 509A; 509B (1995).

 

Cross Reference:                                 

411.1  Classified Employee Defined

 

 

 

 

 

 

Approved   12/9/96                    Reviewed 6/2017                   Revised

412.4 CLASSIFIED EMPLOYEE PAYROLL DEDUCTIONS

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from any company the employee chooses or through an Iowa-licensed salesperson selected by the employee.

 

Classified employees wishing to have payroll deductions for tax sheltered annuities shall make a written request to the superintendent.

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20.9; 260C; 273; 294.16 (1995).

1988 Op. Att'y Gen. 38.

1976 Op. Att'y Gen. 462, 602.

1966 Op. Att'y Gen. 211, 220.

 

Cross Reference:                                 

706  Payroll Procedures

 

 

 

Approved   12/9/96                    Reviewed  6/2017                 Revised

 

413 CLASSIFIED EMPLOYEE TERMINATION OF EMPLOYMENT

413.1 CLASSIFIED EMPLOYEE RESIGNATION

Classified employees who wish to resign during the school year shall give the board notice of their intent to resign and final date of employment and cancel their contract thirty days prior to their last working day.

 

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

 

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 91A.2, .3, .5; 279.19A; 285.5(9) (1995).

 

Cross Reference:

411.3

Classified Employee Contracts

 

413

Classified Employee Termination of Employment

 

Approved   12/9/96                    Reviewed  6/2017                   Revised

 

413.2 CLASSIFIED EMPLOYEE RETIREMENT

Classified employees who will complete their current contract with the board may apply for retirement.  No classified employee will be required to retire at any specific age.

 

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.

 

Board action to approve a classified employee's application for retirement shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

 

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

 

 

 

 

 

Legal Reference:      

29 U.S.C. ßß 621 et seq. (1988).

Iowa Code ßß 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1995).

581 I.A.C. 21.

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:      

401.8  Recognition for Service of Employees

 

 

 

 

Approved   12/9/96                    Reviewed  6/2017                   Revised

413.3 CLASSIFIED EMPLOYEE SUSPENSION

Classified employees shall perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes.  It shall be within the discretion of the superintendent to suspend a classified employee with or without pay.

 

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

 

 

 

 

 

 

 

Legal Reference:      

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

McFarland v. Board of Education, of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979). Iowa Code ßß 20.7, .24 (1995).

 

 

Cross Reference:

404

Employee Conduct and Appearance

 

413

Classified Employee Termination of Employment

 

 

 

 

 

 

 

Approved   12/9/96                     Reviewed  6/2017                   Revised

 

413.4 CLASSIFIED EMPLOYEE DISMISSAL

The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon thirty days notice or immediately without cause.  Due process procedures shall be followed.

 

It shall be the responsibility of the superintendent to make a recommendation for dismissal to the board.  A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20.7, .24 (1995).

 

 

Cross Reference:      

404      Employee Conduct and Appearance

413.3  Classified Employee Suspension

413.5  Classified Employee Reduction in Force

 

 

 

 

 

 

 

Approved   12/9/96                   Reviewed     6/2017                Revised

 

413.5 CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force shall be given thirty days notice.  Due process will be followed for terminations due to a reduction in force.

 

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

 

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ßß 20.7, .24 (1995).

 

 

Cross Reference:      

407.5  Licensed Employee Reduction in Force

413.3  Classified Employee Suspension

413.4  Classified Employee Dismissal

703     Budget

 

 

 

Approved   12/9/96                   Reviewed   6/2017                Revised

414 CLASSIFIED EMPLOYEE VACATIONS AND LEAVES OF ABSENCE

414.1 CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

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

 

All employees who are at least half time employees and have contractual work days of 180 days or more shall be entitled to the following holidays: Labor Day, Thanksgiving Day, Christmas, New Year's Day. All employees who are at least half time employees and have contractual work days of 210 days or more shall be entitled to the above holidays and Memorial Day:

 

Employees under a twelve month contract shall be entitled to the above holidays, Memorial Day, Fourth of July,  Christmas Eve and New Year's Eve.

 

Twelve (12) month employees, employed at least six-months, shall be allowed paid vacation as follows:

Years of Service (as of July 1)  Weeks Accumulated
  *
1 to 9    2
10 to 19   3
20 +   4

* In addition to the reference, full-time (12 months/year) classified personnel shall be entitled to pro-rated  paid vacation during the summer months if they started on or before June 30 of that year.

 

 

 

 

Legal Reference:      Iowa Code ßß 1C.1-.2; 4.1(34); 20.9 (1995).

 

 

Cross Reference:

409.1

Licensed Employee Vacations - Holidays -Personal Leave

 

601.1

School Calendar

 

 

 

 

 

 

Approved   12/9/96                    Reviewed   6/2017                  Revised

 

414.1A PERSONAL LEAVE

Each employee who works at least 180 days per year is allowed not to exceed two (2) paid personal leave days per year (the day would be equivalent to the employee's regular day - full time for full-time and part-time for part-time.) The personal leave policy is established for employees to take care of some business or obligation which cannot be cared for when school is not in session.

 

Personal leave is cumulative to a maximum of two year allowance. Any staff member that does not use their Personal Days at the end of the school year may cash them in for the district’s substitute pay scale. All requests for cash in must be submitted in writing on the employees last contract day of the current contract.

 

Applications for personal leave must be requested in advance and the leave approved by the respective principal or supervisor and the superintendent. The leave will be granted on the basis of available qualified substitutes who are to be arranged for by the supervisor prior to granting the release.

 

Personal days may be used in increments of one-half or whole. No other fractional amounts will be allowed.

 

 

 

 

 

Approved  12/9/96               Reviewed     6/2017                 Revised

 

414.2 CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

A.      SICK LEAVE DEFINED

Unavoidable absence due to personal illness.

 

B.      ACCUMULATION OF SICK LEAVE DAYS

Each employee in the Association shall be credited with sick leave days as follows: First year of employment in Tipton Schools ...............10 days

Second year of employment in Tipton Schools..............11 days

Third and subsequent years of employment in

Tipton Schools....................................................15  days

 

The above amounts shall apply only to consecutive years of employment in the Tipton

Community Schools except as otherwise provided.

 

The unused portion of each year's credit is cumulative to a maximum of one hundred ninety  (190) days.

 

C.      NOTIFICATION OF ACCUMULATION

Each employee shall be informed of the number of sick leave days accumulated as of the beginning of the current school year by November 1st.

 

D.      VERIFICATION OF SICK LEAVE NEED

The Board of Education will not generally require a doctor's statement as evidence of justifiable absence because of illness on a short-time basis. However, if an employee is absent from work for more than five (5) consecutive contract days for sick leave reasons a written statement from the  employee's doctor stating that he/she is physically or mentally unable to perform his/her assigned school task is required by the employer. The Board of Education reserves the right to employ its own physician to review the employee's doctor's opinion as written on the

statement. If the two disagree, a third physician, also employed by the Board, (chosen by

the employee and the Board, or in the event they cannot agree, by the County Medical Society) shall render an opinion on the issue of medical capacity to continue or resume the performance of duties, which opinion shall be binding on the parties.

 

The statement from the physician shall:

1.        State definitely the physician's opinion as to the time in dates between which the employee is unable to perform his/her assigned duties.

2.        Explain the illness or disability which requires the employee to be absent from his/her job.

 

 

E.      A statement from the employee's physician may be required to establish a date for returning to work or for continuing to work when there is question as to whether an employee is able to do so.

 

F.      Sick leave shall not be granted for surgery or for other reasons for which reasonable evidence cannot be shown confirming the necessity of sick leave absence. All sick leave benefits shall terminate upon termination of employment pursuant to Chapter 279, Code of Iowa, or upon resignation, except for those employees on recall.

 

 

 

 

Legal Reference:      

Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

26 U.S.C. ß 2601 et seq. (Supp. 1993)

29 C.F.R. Pt. 825 (1993).

Iowa Code ßß 20; 85.33, .34, .38(3); 216; 279.40 (1995).

1980 Op. Att'y Gen. 605.

1972 Op. Att'y Gen. 177, 353.

1952 Op. Att'y Gen. 91.

 

 

Cross Reference:

403.2

Employee Injury on the Job

 

409.3

Licensed Employee Family and Medical Leave

 

409.8

Licensed Employee Unpaid Leave

Approved   12/9/96                    Reviewed   6/2017                 Revised

 

414.3 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy,  year is defined as 365 days prior to the start date of the requested leave.  Requests for family and medical leave shall be made to the superintendent.

 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.

 

 

 

 

Legal Reference:      

Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

26 U.S.C. ß 2601 et seq. (Supp. 1993)

29 C.F.R. Pt. 825 (1993).

Iowa Code ßß 20; 85.33, .34, .38(3); 216; 279.40  (1995).

1980 Op. Att'y Gen. 605.

1972 Op. Att'y Gen. 177, 353.

1952 Op. Att'y Gen. 91.

 

 

Cross Reference:

409.3

Licensed Employee Family and Medical Leave

 

414.2

Classified Employee Personal Illness Leave

 

414.8

Classified Employee Unpaid Leave

 

 

 

 

Approved   12/9/96                    Reviewed     6/2017               Revised

 

414.3E1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:                              

 

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

 

                    for the birth of my child;

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

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

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

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

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

 

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

 

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

 

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

 

                    continuous

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

 

                   intermittent leave for the:

 

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

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

 

Details of the needed intermittent leave:

 

 

 

I anticipate returning to work at my regular schedule on                     .

 

                    reduced work schedule for the:

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

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

 

Details of needed reduction in work schedule as follows:

 

 

I anticipate returning to work at my regular schedule on                           .

 

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

 

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

 

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

 

 

 

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

 

Signed                                                                                                                                      

 

Date                      

 

Approved   12/9/96                 Reviewed     6/2017  

Revised

414.4 CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE AND CRITICAL ILLNESS

Bereavement Leave

 

The days of leave requested shall be granted up to three (3) days at any one time in the event of death of an employee's spouse, son, daughter, brother, sister, father, mother, grandparent, grandchildren, like in-laws, stepchild, stepparent, stepbrother, stepsister, or any member of the immediate household. An additional two days may be granted upon approval of the immediate supervisor for bereavement leave. An additional one (1) day per year for the bereavement of individuals not covered above shall be available for an employee to use.

 

 

Critical Illness Leave

 

The days of leave requested shall be granted up to two (2) days at any one time in the event of critical illness of an employee's spouse, son, daughter, brother, sister, father, mother, grandparent, grandchild,like in-laws, stepchild, stepparent, stepbrother, stepsister,  or any member of the immediate household. An additional two days may be granted upon approval of the immediate supervisor for critical illness. Critical illness shall be defined as illness requiring inpatient hospitalization and/or emergency room care.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:  Iowa Code ßß 20.9; 279.8 (1995).

 

 

Cross Reference: 409  Licensed Employee Vacations and Leaves of Absence

 

 

 

 

Approved   12/9/96                    Reviewed  6/2017                         Revised

 

414.5 CLASSIFIED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to classified employees to run for elective public office.  The superintendent shall grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

 

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

 

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

 

 

 

 

Legal Reference:      

Iowa Code ch. 55 (1995).

 

 

Cross Reference:      

401.9  Employee Political Activity

414     Classified Employee Vacations and Leaves of Absence

 

 

 

 

Approved   12/9/96                   Reviewed   6/2017                Revised

414.6 CLASSIFIED EMPLOYEE JURY DUTY LEAVE

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

 

Employees who are called for jury service shall notify the direct supervisor  within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

 

Classified employees will receive their regular salary.  Any payment for jury duty shall be deducted from the employee's paycheck.

 

 

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20.9; 607A (1995).

 

 

Cross Reference:       414      Classified Employee Vacations and Leaves of  Absence

 

 

 

 

 

Approved   12/9/96                    Reviewed  6/2017                   Revised

 

414.7 CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes classified employees may be called to participate in the armed forces, including the national guard.  If a classified employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

 

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

 

 

 

 

 

 

 

Legal Reference:      

Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Iowa Code ßß 20; 29A.28 (1995).

 

 

Cross Reference:      

414       Classified Employee Vacations and Leaves of Absence

 

 

Approved   12/9/96                   Reviewed   6/2017                Revised

414.8 CLASSIFIED EMPLOYEE UNPAID LEAVE

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

 

The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

 

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

 

 

 

 

 

 

Legal Reference:       Iowa Code ßß 20.9; 279.8 (1995).

 

 

Cross Reference:       414   Classified Employee Vacations and Leaves of Absence

 

 

Approved   12/9/96                    Reviewed   6/2017                Revised

 

414.9 CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent 10 days prior to the meeting or conference.

 

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

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code ß 279.8 (1995).

 

 

Cross Reference:      

408.1  Licensed Employee Professional Development

411     Classified Employees - General

 

 

Approved   12/9/96                    Reviewed     6/2017                Revised