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

 

 

 

Approved:   12/9/96                                                  Reviewed:  09/12/2022                                                  Revised: 09/12/2022

401 EMPLOYEES AND INTERNAL RELATIONS

401.01 EQUAL EMPLOYMENT OPPORTUNITY

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

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

Prior to the final offer of employment for any teaching position the school district will perform the background checks required by law.  The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks.  Based upon the results of the background checks the school district will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.  The district will perform repeat background checks on applicable employees as required by law.

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to 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, Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 W. Wisconsin Ave Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html..  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

 

Legal Reference:      

     29 U.S.C. §§ 621-634.

     42 U.S.C. §§ 2000e et seq.

     42 U.S.C. §§ 12101 et seq.

     Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8.

     281 I.A.C. 12.4; 95.

 

Cross Reference:      

     102      Equal Educational Opportunity

     102.R1 Equal Educational Opportunity - Grievance Procedure

     102.E1 Equal Educational Opportunity - Annual Notice of Discrimination

     102.E2 Equal Educational Opportunity - Continuous Notice of Nondiscrimination

     102.E3 Equal Educational Opportunity - Notice of 504 Student and Parental Rights

     102.E4 Equal Educational Opportunity - Discrimination Complaint Form

     102.E5 Equal Educational Opportunity - Witness Disclosure Form

     102.E6 Equal Educational Opportunity - Disposition of Complaint Form

     104       Bullying/Harassment Policy

     104.R1 Bullying/Harassment Policy - Investigation Procedures

     104.E1 Bullying/Harassment Policy - Complaint Form

     104.E2 Bullying/Harassment Policy - Witness Disclosure Form

     405.2  Licensed Employee Qualifications, Recruitment, Selection

     411.2  Classified Employee Qualifications, Recruitment, Selection

 

Approved:   12/9/1996           Reviewed:  02/12/2024                  Revised:  02/12/2024

 
 

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:   12/9/1996                                                              Reviewed:   09/12/2022                                                  Revised:12/8/2014

401.02 EMPLOYEE CONFLICT OF INTEREST

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

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

Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

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

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

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

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

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee's immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

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

 

 

 

Legal Reference:  

     7 C.F.R. 3016.36(3)    

     Iowa Code §§ 20.7; 68B; 279.8; 301.28.

 

Cross Reference:                                 

     203       Board of Directors' Conflict of Interest

     402.4    Gifts to Employees

     402.6    Employee Outside Employment

     404       Employee Conduct and Appearance

 

Approved:   12/9/1996                                                          Reviewed: 11/14/2022                                                        Revised: 11/14/2022

401.03 NEPOTISM

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

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

 

 

 

Legal Reference:      

     Iowa Code §§ 20; 71; 277.27; 279.8.

 

Cross Reference:

     203      Board of Directors' Conflict of Interest

     405.2 . Licensed Employee Qualifications, Recruitment Selection

     411.2 . Classified Employee Qualifications, Recruitment Selection

 

Approved:   12/9/1996                                                                Reviewed:   09/12/2022                                                  Revised: 09/12/2022

 

401.04 EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint. Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 5 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 5 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 5 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

This policy is designed to create an appropriate process for pursuing general employee complaints.  However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic. 

 

Legal Reference:      

     Iowa Code §§ 20.7, .9; 279.8.

 

Cross Reference:                                 

          210.8  Board Meeting Agenda

 

 

Approved:   12/9/1996                                                           Reviewed:    11/14/2022                                                      Revised: 11/14/2022

 

401.05 EMPLOYEE RECORDS

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

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

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

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

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

 

 

 

Legal Reference:                

     Iowa Code chs. 20; 21; 22; 91B.

     

 

Cross Reference:   

     401.6  Limitations to Employment References             

     402.1  Release of Credit Information

     403.3  Communicable Diseases - Employee     

     403.3-R1 Communicable Diseases - Employees - Regulations

     403.3-E1  Communicable Diseases - Employees - Hepatitis B Vaccine Information and Record

     708     Care, Maintenance and Disposal of School District Records

     901      Public Examination of School District Records

 

 

 

Approved:   12/9/1996                                               Reviewed:   09/12/2022                                                  Revised:  09/12/2022

401.05R1 EMPLOYEE RECORDS REGULATION

Employee Personnel Records Content

1. Employee personnel records may contain the following information:

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.

  • Individual employment contract.

  • Evaluations.

  • Application, resume and references.

  • Salary information.

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

  • Educational transcripts.

  • Assignment.

  • Records of disciplinary matters.

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

  • Medical professional signed physical form.

  • Sick or long-term disability leave days.

  • Worker's compensation claims.

  • Reasonable accommodation made by the school district to accommodate the employee's disability.

  • Employee's medical history.

  • Employee emergency names and numbers.

  • Family and medical leave request form

  3.  The following are considered public personnel records available for inspection:

  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected.  “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;

  • The dates the individual was employed by the government body;

  • The positions the individual holds or has held with the government body:

  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual's previous employers, positions previously held and dates of previous employment;

  • The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotions.  “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; and

  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

 

Applicant File Records Content

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

  • Application for employment.

  • Resume.

  • References.

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

  • Affirmative action form, if submitted.

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, board secretary or other disignee.  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

 

Cross Reference:

     401.06       Limitation to Employment References

     402.01       Release of Credit Information

     403.03       Communicable Diseases - Employment

     403.03R1  Communicable Diseases - Regulation

     403.03E1  Communicable Diseases - Employees Hepatitis B Vaccine Information and Record

     708            Care, Maintenance and Disposal of School District Records

     901            Public Examination of School District Records

 

 

Approved:   12/9/1996                                                               Reviewed:   05/13/2024                                                        Revised: 05/13/2024

401.06 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, volunteer, 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.  Sexual misconduct means physical or sexual abuse of students including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students.

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. 

 Note:  This is a mandatory policy.  The language stated in the policy reflects the standards established for schools receiving funding under the Every Student Succeeds Act.

 

Legal Reference:  

20 U.S.C. §7926;

 

Iowa Code §256

Cross Reference:

     401.05    Employee Records 

      401.05-R1  Employee Records - Regulation

     402.02    Child Abuse Reporting

     402.03    Abuse of Students by School District Employees

     405.02    Licensed Employee Qualifications Recruitment, Selection

     411.02    Classified Employee Qualifications, Recruitment, Selection 

 

Approved:  2/10/2020                              Reviewed: 07/08/2024                          Revised: 07/08/2024

 

401.07 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 will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is pre-approved by the superintendent or an immediate supervisor.  Traveloutside of the district by the superintendent will be approved by the board president.

Reimbursement for actual and necessary expenses may 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 itemized receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

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

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

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed 80% of the federal rate on July 1st 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 will 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 costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

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 80% of the federal rate on July 1st  per mile.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel allowances within the district will be provided only after board approval.  Employees who are allowed a within district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district. 

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

 

 

Legal Reference:      

     Iowa Constitution, Art. III, § 31.

     Iowa Code §§ 70A.9-.11 

 

Cross Reference:      

     216.3   Board of Directors' Member Compensation and Expenses

     401.10  Credit Cards

     904.1   Transporting Students in Private Vehicles

 

Approved:  12/9/1996                                                             Reviewed:   9/12/2022                                               Revised: 9/12/2022

401.08 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 will seek prior approval from the board.

 

Legal Reference:      

     Iowa Const. Art. III, ß 31.

     Iowa Code ß 279.8.

 

 

Approved:   12/9/1996                                                            Reviewed:  9/12/2022                                                        Revised:  09/12/2022

401.09 EMPLOYEE POLITICAL ACTIVITY

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district email accounts. 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, general information regarding elections or ballot issues 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 §§ 55; 279.8.

 

Cross Reference:  

     409.2     Employee Leaves of Absence

 

Approved:   12/9/1996                                                          Reviewed:   09/12/2022                                               Revised: 09/12/2022

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 §§ 20:279.8.

     191 I.A.C. 74.

 

Cross Reference:  

     401.13 Staff Technology Use/Social Networking

     401.13-R1 Staff Technology Use/Social Networking - Regulation

     404    Employee Conduct and Appearance

     404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

     404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

     

 

 

Approved:   12/9/1996                                                     Reviewed:  09/12/2022                                                          Revised: 09/12/2022

401.12 EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the school district and to help ensure safety and security of people and property while on school district property or engaged in school-sponsored activities.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations. 

Cell phones are not to be used for conversations involving confidential student or employee information.  

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

 

Legal References:

     Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html

     Iowa Code §§ 279.8; 321.276.

Cross References:

     406 Licensed Employee Compensation and Benefits

     412 Classified Employee Compensation and Benefits

     707.5 Internal Controls

Approved:  11/14/2022                    Reviewed:  __________                     Revised:  ________                   

 

401.12R1 EMPLOYEE USE OF CELL PHONES REGULATION

Cell phone Usage

  1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.

  2. Cell phones should not be used to transmit confidential student or personal information either verbally or written. 

  3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park. 

 

Approved:  11/14/2022                                  Reviewed:  ______________                     Revised:  __________

401.14 EMPLOYEE EXPRESSION

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees' First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees will comply with the Iowa law to the extent that compliance does not infringe on employee' free speech rights.

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy. 

If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

  

 

  

Legal Reference: 

     U.S. Const. Amend. I

     Kennedy v. Bremerton School District, 597 U.S. 2002

     Iowa Code §§ 279.73; 280.22

Cross Reference: 

     502.3 Student Expression

     504.3 Student Publications

  

                              Approved:  10/11/2021                                Reviewed:  11/14/2022                              Revised:   11/14/2022      

401.15 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:   12/9/1996                                                                       Reviewed:   09/12/2022                                              Revised: 12/8/2014

402 EMPLOYEES AND OUTSIDE RELATIONS

402.01 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 is the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

 

 

 

Legal Reference:      

     Iowa Code §§ 22.7; 279.8.

 

Cross Reference:                                 

     401.5  Employee Records

     401.5-R1 Employee Records - Regulation

 

Approved:   12/9/1996                                                                   Reviewed: 09/12/2022                           Revised: 09/12/2022

402.02 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 and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties. 

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

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous three years.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two hour training course will take the one hour follow up training course every three years and prior to the expiration of their certificate.  

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 and all school employees 18 years of age or older 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.

     441 I.A.C. 9.2; 155; 175.   

Cross Reference:  

     401.6  Limitations to Employment References   

     402.3   Abuse of Students by School District Employees

     502.9   Interviews of Students by Outside Agencies

     507.1   Student Health and Immunization Certificates

 Approved:   12/9/1996               Reviewed:   08/14/2023             Revised: 08/14/2023

 

402.02R1 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 non accidental 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:   12/9/1996                                                              Reviewed:  09/12/2022                                               Revised: 12/8/2014

402.03 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Physical or sexual abuse of students, but not limited to sexual or physical relationships, grooming behavior and otherwise inappropriate relationships with students 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 and timely reporting to all relevant agencies as required by law.  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 are listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

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

Legal Reference:      

     Iowa Code  §§ 232.67, .70, .73, .75; 235A; 256.160; 272A; 280.17; 709;728.12(1).

     281 I.A.C. 12.3(6), 102; 103.

     441 I.A.C. 155; 175.

Cross Reference:

      104        Anti-Bullying/Harassment

     104-R1   Anti-Bullying/Harassment Policy - Investigation Procedures

     104-E1   Anti-Bullying/Harassment Policy - Complaint Form

     104-E2   Anti-Bullying/Harassment Policy - Witness Disclosure Form

     104-E3   Anti-Bullying/Harassment Policy - Disposition of Complaint Form

      401.6    Limitations of Employment References

     402.2    Child Abuse Reporting

     503.5     Corporal Punishment

     503.6     Physical Restraint and Seclusion of Students

     503.6-R1  Physical Restraint and Seclusion of Students - Regulation

     503.6-E1  Physical Restraint and Seclusion of Students - Documentation Form

     503.6-E2  Physical Restraint and Seclusion of Students - Debriefing Letter go Guardian of student Involved in an Occurrence Where Physical Restraint or Seclusion was Used

     503.6-E3  Physical Restraint and Seclusion of Students - Debriefing Meeting Document

Approved:   12/9/1996                                       Reviewed:      07/08/2024                                      Revised: 07/08/2024

402.03E1 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:   12/9/1996                        Reviewed:   09/12/2022                                  Revised: 12/8/2014

402.03E2 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:      12/9/1996                                                                   Reviewed:    09/12/2022                                Revised:  12/8/2014

402.03R1 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:   12/9/1996                                                        Reviewed:  09/12/2022                                                         Revised: 12/8/2014

402.04 GIFTS TO EMPLOYEES

Employees may receive a gift on behalf of the school district. Employees will not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift 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;
  • Non monetary 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 non monetary gift or series of non monetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
  • A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

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

 

Legal Reference:    

     Iowa Code ch. 68B.

     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:   12/9/1996                                                              Reviewed:  11/14/2022                                                       Revised:  11/14/2022

402.05 REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees.  

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program. 

 

NOTE:  This requirement exists regardless of the employee’s status as a licensed or classified employee. With the change in law stating that all school employees are now mandatory reporters, this policy language will apply to all employees for at least some training.  

 

Cross Reference:

     302.06    Superintendent Professional Development

     303.7    Administrator Professional Development

     408.01    Licensed Employee Professional Development

 

Approved:  12/9/1996     Reviewed:  8/14/2023    Revised:   8/14/2023 

 

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

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

 

 

 

 

Legal Reference:      

      Iowa Code § 20.7.

      Iowa Code § 279.8.

Cross Reference:

     401.2   Employee Conflict of Interest

     408.3   Licensed Employee Tutoring

 

Approved:   12/9/1996                                                             Reviewed:   11/14/2022                                                        Revised:  11/14/2022

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.

 

 

 

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:        12/9/1996                                                              Reviewed:    11/14/2022                               Revised:       6/12/2017            

403.2 EMPLOYEE INJURY ON THE JOB

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

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

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

It is the responsibility of the board secretary to file worker's comp claims.

 

 

 

Legal Reference:      

     Iowa Code §§ 85; 279.40; 613.17 .

  

Cross Reference:      

     409.2  Licensed Employee Personal Illness Leave

Approved:         12/9/1996                                                        Reviewed:   11/14/2022                                                    Revised:  11/14/2022

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" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

 

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

 

The health risk to immunodepressed employees is determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease 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.

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

 

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

 

 

Legal Reference:      

        29 U.S.C. §§ 794, 1910.

        42 U.S.C. §§ 12101 et seq.

        45 C.F.R. Pt. 84.3

        Iowa Code  § 139A; 141A.

        641 I.A.C. 1.2-.7.

Cross Reference:

     401.5  Employee Records

     401.5R1 Employee Records - Regulation

     403.1  Employee Physical Examinations

     507.3  Communicable Diseases - Students

     907     District Operation During Public Emergencies

     907.R1  District Operation During Public Emergencies - Regulation

 

 

Approved:   12/9/1996                  Reviewed:  11/14/2022                   Revised:  11/14/2022

 

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 FORM 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:

 

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)

 

Cross References:

     401.5  Employee Records

     401.5R1  Employee Records - Regulation

      403.1  Employee Physical Examinations

      507.3  Communicable Diseases - Students

      907    District Operation During Public Emergencies

      907.R1  District Operation During Public Emergencies - Regulation

 

Approved:   12/9/1996                                          Reviewed:  11/14/2022                                      Revised:  11/14/2022

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.

Cross Reference:

     401.5 Employee Records

     401.5R1 Employee Records - Regulation

     403.1 Employee Physical Examinations

     507.3 Communicable Diseases - Students

     907 District Operation During Public Emergencies

     907-R1 District Operation During Public Emergencies - Regulation

 

Approved:   12/9/1996                                                              Reviewed:   11/14/2022                                          Revised:  12/8/2014

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

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

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

 

 

Legal Reference:      

     29 C.F.R. Pt. 1910; 1200 et seq. 

     Iowa Code chs. 88; 89B.

    

Cross Reference:

      804.4 Asbestos Containing Material

Approved:   12/9/1996                                                     Reviewed:  11/14/2022                                                           Revised: 11/14/2022

403.5 SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law. "Workplace" includes school district facilities, school district premises or school district vehicles, 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 will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination. 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 is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

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

 

Legal Reference:      

     41 U.S.C. §§ 701-707 (1988). 81

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

     34 C.F.R. Pt. 85 (1993).

     Iowa Code §§ 123.46; 124; 279.8.

 

Cross Reference:      

     403.6  Drug and Alcohol Testing Program

     406.6E1  Drug and Alcohol Testing Program - Notice to Employees

     406.6E2  Drug and Alcohol Testing Program - Pre-Employment Testing Acknowledgment Form

     403.6E3  Drug and Alcohol Testing Program - Written Consent to Share Information     

     404  Employee Conduct and Appearance

     404-R1  Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

     404-R2  Employee Conduct and Appearance - Code of Rights and Responsibilities    Regulation

 

Approved:    12/9/1996                                                                      Reviewed:        11/14/2022                                    Revised:  11/14/2022

403.5E1 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 an 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:   12/9/1996                                Reviewed:  11/14/2022                                                  Revised:  11/14/2022

 

403.5R1 SUBSTANCE-FREE WORKPLACE REGULATION

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

  1. Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.

  2. Discipline - if, after the discussion with the employee, the superintendent 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:  12/9/1996                          Reviewed:  11/14/2022                                       Revised: 11/14/2022

403.6 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, and post-accident, drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within eight hours of using alcoholEmployees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the transportation director at 400 E. 6th St., Tipton, IA.   

Employees who violate the terms of this policy are subject to discipline up to and including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety-sensitive functions. It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment. 

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

 

IASB Drug and Alcohol Testing Program (IDATP) Web site:  

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx

 

 

Legal Reference:      

     American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd   

     405 Cir. (4th 1995).

     42 U.S.C. §§ 5331 et seq.

     42 U.S.C. §§ 12101

     41  U.S.C. §§ 81.

     49 C.F.R. Pt. 40; 382; 

     34 C.F.R. Pt. 85 

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

     Burlington, PERB No. 3876 (3-26-91). 

     Iowa Code §§ 124; 279.8; 321.375(2); 730.5

Cross Reference:

     403.5       Substance-Free Workplace

     403.5R1   Substance-Free Workplace - Regulation

     403.5E1   Substance-Free Workplace - Notice to Employees

     409.2  Employee Leaves of Absence 

 

 

 

Approved:  12/9/96                                                          Reviewed:         11/14/2022                                                   Revised:  11/14/2022   

 

403.6E1 DRUG AND ALCOHOL TESTING PROGRAM-NOTICE TO EMPLOYEES

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

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

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional. 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 that information related to drug or alcohol violations will be reported the the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. 

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

 Cross References:

     403.5    Substance-Free Workplace

     403.5R1    Substance-Free Workplace Regulation

     403.5E1    Substance-Free Workplace - Notice to Employees

     409.2    Employee Leave of Absence

 

Approved:  12/9/1996                                                            Reviewed   11/14/2022                                   Revised:  11/14/2022

 

403.6-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 of the Tipton Community School District and its supporting documents 

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

I also understand that I must inform my supervisor of any prescription medication I use.

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understood its contents.

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district. 

I further understand that drug and alcohol testing records and information about me are confidential and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.

  __________________________                                         ______________________

 (Signature of Employee)                                                           (Date)

 Cross References:

     403.5     Substance-Free Workplace

     403.5R1    Substance-Free Workplace - Regulation

     403.5E1    Substance-Free Workplace - Notice to Employees

      409.2    Employees Leave of Absence

 

 

Approved:  12/9/1996               Reviewed: 11/14/2022                          Revised: 11/14/2022  

 

403.6-E3 DRUG AND ALCOHOL TESTING PROGRAM - WRITTEN CONSENT TO SHARE INFORMATION

 

DRUG & ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING

WRITTEN CONSENT TO SHARE INFORMATION

 

I, ________________________ , understand that as part of my employment in a position that requires a commercial driver’s license in the Tipton Community School

District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSAClearinghouse.

 

__________________________________         _________________

(Signature of Employee)                                       (Date)

 

 Cross References:

     403.5    Substance-Free Workplace

     403.5R1    Substance-Free Workplace Regulation

     403.5E1    Substance-Free Workplace - Notice to Employees

     409.2    Employee Leave of Absence

 

Approved:  12/9/1996                            Reviewed:  11/14/2022                         Revised: 11/14/2022

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:   12/9/1996                                                     Reviewed:     09/12/2022                                     Revised:  12/8/2014

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

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

 

 

Legal Reference:      

     Iowa Code § 279.8.

     282 I.A.C. 13.25, .26.

 

Cross Reference:         

104          Anti-Bullying/Harassment Policy

104-R1     Anti-Bullying/Harassment Policy-Investigation Procedure

104-E1     Anti-Bullying/Harassment Policy - Complaint Form

104-E2     Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E3     Anti-Bullying/Harassment Policy - Disposition of Complaint Form

305          Administrator Code Of Ethics

401.2       Employee Conflict of Interest

401.11     Employee Orientation

403.5       Harassment    

403.5R1   Substance-Free Workplace Regulation

403.5E1   Substance-Free Workplace - Notice to Employees  

407.4        Licensed Employee Suspension

413.3       Classified Employee Suspension

413.4       Classified Employee Dismissal

 

 

Approved:   12/9/1996                 Reviewed:  2/13/2023                   Revised: 2/13/2023

 

 

404.R1 CODE OF PROFESSIONAL CONDUCT AND APPEARANCE - CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

CHAPTER 25

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on  an  application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade

12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

[ARC 7979B, IAB 7/29/09, effective 9/2/09]

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.    Fraud. Fraud means the same as defined in rule 282—25.2(272).

b.    Criminal convictions. The commission of or conviction for a criminal offense as defined by

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

1.  Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

●     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)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract unless provided notice to the practioner's employing board as set forth in subparagraph 25.3(5)"b"(2)

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

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

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

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

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

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

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

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

3.    June 30.

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

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

b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.     Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.     Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.     Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

f.     Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.     Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.     Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.     Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.     Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.     Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.  Allowing another person to use one’s practitioner license for any 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 10 concerning child support obligations.

c.    Failing to comply with a board order.

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

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

b.     Wilfully or repeatedly failing to practice with reasonable skill and safety.

Legal Reference:

      Iowa Code § 279.8

Cross References:

104    Anti-Bullying/Harassment Policy

104-R1     Anti-Bullying/Harassment Policy-Investigation Procedures

104-E1    Anti-Bullying/Harassment Policy - Complaint Form

104-E2    Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E3    Anti-Bullying/Harassment Policy - Disposition of Complaint Form

305      Administrator Code Of Ethics

401.2    Employee Conflict of Interest

 401.11    Employee Orientation

403.5      Substance-Free Workplace

403.5R1    Substance-Free Workplace Regulation

 403.5E1   Substance-Free Workplace - Notice to Employees

407.4         Licensed Employee Suspension

413.3     Classified Employee Suspension

413.4    Classified Employee Dismissal

 

 

 

Approved:     July 2016                                                          Reviewed:   02/13/2023                                              Revised: 02/13/2023

404.R2 CODE OF RIGHTS AND RESPONSIBILITIES

CHAPTER 26

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

282-26.2 (272) Rights. Educators licensed under IOWA CODE chapter 272 have the following rights:

  1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.

  2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

  3. The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282-26.3 (272) Responsibilities. Educators licensed under IOWA CODE chapter 272 have the following responsibilities:

  1. The educator has a responsibility to maintain and improve the educator's professional competence.

  2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

  3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

  4. The educator shall protect students from conditions harmful to learning or to health or safety.

  5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.

  6. The educator shall not use professional relationships with students for personal advantage.

  7. The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

  8. The educator shall accord just and equitable treatment to all members of the profession.

  9. The educator shall keep in confidence personally identifiable information regarding a student or the student's family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

  10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the IOWA ADMINISTRATIVE CODE and which are necessary to ensure the safety and well-being of the student.

  11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.

  12. The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

  13. The educator shall not refuse to participate in a professional inquiry, when requested by the board.

  14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

  15. The educator shall not delegate assigned tasks to unqualified personnel.

       Approved:  02/13/2023                           Reviewed:  __________                       Revised:  __________

405 LICENSED EMPLOYEES - GENERAL

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

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

 

 

 

 

 

Legal Reference:      

Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).

Iowa Code §§ 256

281 I.A.C. 12.4

282 I.A.C. 14.

 

Cross Reference:      

405.2  Licensed Employee Qualifications, Recruitment Selection

406.5. Licensed Employee Group Insurance Benefits (I,II)

410.1  Substitute Teachers

411.1  Classified Employee Defined

 

 

Approved:   12/9/1996                 Reviewed: 02/13/2023            Revised:   02/13/2023

405.02 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 in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

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

All job openings shall be submitted to the Iowa Workforc Development for posting on IowaWorks.gov, 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.

 

 

Legal Reference:         

29 U.S.C. §§ 621-634 

42 U.S.C. §§ 2000e, 12101

Iowa Code §§ 20; 35C; 84A6(4)(b); 216; 256.27; 279.13

281 I.A.C. 12.

282 I.A.C. 14.

                                   

Cross Reference:         

401.1   Equal Employment Opportunity

405.      Licensed Employees - General

410.1   Substitute Teachers

 

Approved:  12/09/1996                            Reviewed: 05/13/2024                                          Revised: 05/13/2024

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

 

 

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

 

 

Cross Reference:      

401.1  Licensed Employee Resignation

405.2  Licensed Employee Qualifications, Recruitment, Selection

405.4  Licensed Employee Continuing Contracts

407.2  Licensed Employee Contract Release

 

 

Approved:   12/9/1996                 Reviewed:  02/13/2023                 Revised:  02/13/2023  

405.04 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:  

 401.1  Licensed Employee Resignation

405.3   Licensed Employee Individual Contracts

           405.9   Licensed Employee Probationary Status

           407.2    Licensed Employee Contract Release

 

 

Approved:   12/9/1996      Reviewed: 02/13/2023     Revised: 02/13/2023

 

405.05 LICENSED EMPLOYEE WORK DAY

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

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

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

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

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 §§ 20; 279.8.

Cross Reference:      

200.2  Powers of the Board of Directors

 

 

Approved:   12/9/1996                 Reviewed:  02/13/2023               Revised: 02/13/2023

 

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

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

 

 

 

Legal Reference:      

Iowa Code §279.8.

 

 

Cross Reference:      

200.2  Powers of the Board of Directors

405.7  Licensed Employee Transfers

 

 

Approved:   12/9/1996                 Reviewed:   02/13/2023                 Revised:  02/13/2023  

 

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

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

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

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

 

 

 

 

 

Legal Reference:      

Iowa Code §§ 216.14; 279.8.

 

Cross Reference:

405.2 Licensed Employee Qualifications Recruitment Selection

405.6 Licensed Employee Assignment

 

 

 

Approved:   12/9/1996                  Reviewed:  02/13/2023                Revised:  02/13/2023 

 

405.08 LICENSED EMPLOYEE EVALUATION

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

The formal evaluation criteria is in writing and approved by the board.  The formal evaluation 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 is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.

  • Demonstrate competency in content knowledge appropriate to the teaching position.

  • Demonstrate competency in planning and preparation for instruction.

  • Use strategies to deliver instruction that meets the multiple learning needs of students.

  • Use a variety of methods to monitor student learning.

  • Demonstrate competence in classroom management.

  • Engage in professional growth.

  • Fulfill professional responsibilities established by the school district.

It is the responsibility of the superintendent to ensure licensed employees are evaluated. New licensed employees are evaluated at least three times each year.  Probationary licensed employees are evaluated at least 1 time each year.

 

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

 

 

 

Legal Reference:  

 Iowa Code §§ 20.9; 279, 284, 294  

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

Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983). 14, .19, .27 (1995).

281 I.A.C. 83; 12.3

 

Cross Reference:

405.2 Licensed Empoyee Qualifications, Recruitment, Selection

405.9 Licensed Employee Probationary Status

 

 

Approved:   12/9/1996                  Reviewed:  02/13/2023                 Revised:   02/13/2023     

 

405.09 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:  12/9/1996             Reviewed: 02/13/2023              Revised:  02/13/2023

 

406 LICENSED EMPLOYEE COMPENSATION AND BENEFITS

406.1 LICENSED EMPLOYEE SALARY SCHEDULE

The board will establish compensation for 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 factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation.  The base wages of the licensed employees are subject to review and modification through the collective bargaining process. 

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 §§ 20.1, .4, .7, .9; 279.8        

Cross Refrence:

406.2    Licensed Employee Compensation Advancement

 

Approved:   12/9/1996             Reviewed:     02/13/2023                    Revised: 02/13/2023   

 

 

406.2 LICENSED EMPLOYEE SALARY SCHEDULE ADVANCEMENT

The board will determine if 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 is 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 §§ 20

Iowa Code § 279.8

 

 

Cross Reference:

406.1 Licensed Employee Compensation

 

Approved:   12/9/1996                  Reviewed:   02/13/2023                Revised:  02/13/2023

 

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours will be considered for advancement.  The board may 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 is 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 §§ 20.1, .4, .7, .9; 279.8.

 

Cross Reference:

405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits

 

Approved:  12/9/1996                  Reviewed:     02/13/2023                      Revised:  02/13/2023

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.

 

 

Legal Reference:          

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

 

 

 

 

                Approved:   12/9/1996                  Reviewed:  6/10/2024                  Revised: 7/10/2023

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.

  

 

 

Legal Reference:     

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

           Internal Revenue Code §4980H(c); Treas. Reg §54.4980H-1(a)(21)(iii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Fed Reg. 217 (Jan 2, 2013).

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

 

Cross Reference:                                 

405.1  Licensed Employee Defined

706.2  Payroll Deductions

 

 

 

Approved:   12/9/1996                 Reviewed: 02/13/2023                  Revised: 02/13/2023

 

 

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 §§ 260C; 273; 294.16.

 

 

Cross Reference:                                 

706.2  Payroll Deductions

 

 

Approved:   12/9/1996                 Reviewed:  02/13/2023                  Revised: 02/13/2023

407 LICENSED EMPLOYEE TERMINATION OF EMPLOYMENT

407.01 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 §§ 91A.2, .3, .5; 279.13, .19A.

 

Cross Reference:                                 

405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

 

 

 

Approved:  12/9/1996               Reviewed:  02/13/2023              Revised:   02/13/2023

407.02 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 will have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract will 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 the cost of advertising up to $1000 for expenses or other reasonable administrative costs incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, and to the extent allowed by law, 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 required to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

NOTE: School districts may charge employees for costs incurred in finding a replacement. Employees can only be charged costs, not "penalties." The costs cannot be withheld from money owed the employee unless the employee agrees. If costs are not withheld from money owed to the employee, the school district must bill the employee. If the employee fails to pay, the school district's only option for reimbursement is to file a claim in small claims court. The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.

 

Legal Reference:      

Iowa Code §§ 91A(1); 216; 272; 279.13, .19A, .46.

 

Cross Reference:

405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

407.3.  Licensed Employee Retirement

 

 

 

 

Approved:   12/9/1996               Reviewed:     05/13/2024               Revised:  05/13/2024

 

407.03 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 is  within the discretion of the board to determine whether special circumstances exist.

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

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

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

 

 

Legal Reference:      

Iowa Code §§ 97B; 216; 279.46.

581 I.A.C. 21.

 

 

Cross Reference:      

407.2  Licensed Employee Contract Release

407.6  Licensed Employee Early Retirement

4076E1 Licensed Employee Early Retirement - Acknowledgement of Receipt

407.6E2 Licensed Employee Earl Retirement - Insurance Options

407.6E3 Licensed Employee Early Retirement - Application

 

Approved:   12/9/1996                   Reviewed   02/13/2023                Revised:  02/13/2023 

407.04 LICENSED EMPLOYEE SUSPENSION

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

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

 

 

 

 

Legal Reference:    

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

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

Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27.

 

 

Cross Reference:    

404  Employee Conduct and Appearance

404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

407.5 Licensed Employee Reduction in Force

 

Approved:   12/9/1996                    Reviewed:     02/13/2023                Revised:  02/13/2023

407.05 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 is the responsibility of the superintendent to make a recommendation for termination to the board.

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

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.

 

 

 

Legal Reference:      

Iowa Code §§20

 

 

Cross Reference:      

407.4  Licensed Employee Suspension

413.5  Classified Employee Reduction in Force

 

 

 

Approved:   12/9/1996                    Reviewed:     02/13/2023           Revised:  02/13/2023 

407.06 LICENSED EMPLOYEE EARLY RETIREMENT

The school district offers an early retirement plan for full-time licensed employees. Full-time licensed employees are licensed employees who are regularly scheduled to work hours per week and who are currently performing their assigned duties within the school district. A licensed employee is eligible under the early retirement plan when the licensed employee:

  • Is at least age 55 prior to the start of the next school year.

  • Completes a total of 15 years of service as a full-time licensed employee to the school district;

  • Submits an application to the superintendent for participation in the plan on or before Wednesday of the first week of February of the year in which the licensed employee wishes to retire. Applications submitted after Wednesday of the first week of February may be considered at the discretion of the board depending on the circumstances for the late application;

  • Submits a written resignation. The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,

  • Receives board approval of the licensed employee's application for participation in the early retirement plan, of the licensed employee's resignation and of the disbursement of early retirement incentive to the licensed employee.

Approval by the board of the licensed employee's early retirement application shall constitute a voluntary resignation. Approval by the board of the licensed employee's early retirement application will also make the licensed employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee. Failure of the board to approve the licensed employee's early retirement application will make the licensed employee's current contract with the board continue in full force and effect.  

 

Employees eligible to retire in accordance with the accompanying criteria will be provided:

$6000/year for five years. 

If the early retiree does not choose to remain on the schools health insurance policy the retirement incentive will be paid into a 403b.  If the early retiree chooses to remain on the school's health insurance policy the retirement incentive will be paid into a Health Retirement Account (HRA).

Early Retiree Not Remaining on School Health Insurance:

$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.  In the event of the death of the licensed employee prior to payment of the early retirement incentive but after the licensed employee's retirement has begun, the early retirement incentive will be paid to the designated beneficiary in one lump sum payment. In the event no beneficiary is designated, the incentive will be paid to the licensed employee's estate in one lump sum payment.

Early Retiree Remaining on School Health Insurance:

There are no beneficiaries for the HRA.  A surviving spouse or qualifying dependent will still be able to access funds for eligible medical expenses and premiums.  If the participant does not have a surviving spouse or qualifying dependent, the executor of their estate or trustee can use the remaining funds to reimburse eligible medical expenses and premiums not previously submitted on the participant’s behalf.  If an account balance still remains after 12 months with no plan activity, the balance will forfeit back to the employer.

The board has complete discretion to offer or not to offer an early retirement plan for licensed employees. The board may discontinue the school district's early retirement plan at any time. 

Legal Reference:

29 U.S.C. §§ 621 et seq.

Iowa Code §§ 97B; 216; 279.46; 509A.13.

Cross Reference:

407.3 Licensed Employee Retirement

413.2 Classified Employee Retirement

 

Approved:  2/13/2023                      Reviewed:  __________                Revised:  ___________

407.06E1 LICENSED EMPLOYEE EARLY RETIREMENT ACKNOWLEDGEMENT OF RECEIPT

The undersigned licensed employee acknowledges receipt of the early retirement plan documents stated below, for the licensed employee's consideration:

  • early retirement policy (plan description);

  • early retirement insurance options]; and

  • early retirement application.

The undersigned licensed employee acknowledges that the application and participation in the early retirement plan is entirely voluntary.

The undersigned licensed employee acknowledges that the school district recommends the licensed employee contact legal counsel and the employee's personal accountant regarding participation in the early retirement plan.

 

__________________________________                               ________________

Licensed Employee                                                                    Date

 

                Approved:  02/13/2023                   Reviewed:  ______________                      Revised:  _______________

407.06E2 LICENSED EMPLOYEE EARLY RETIREMENT INSURANCE OPTIONS

Board policy 407.6, Licensed Employee Early Retirement, allows the employee to continue to participate in the school district's group health insurance plan until age 65 by meeting the requirements of the insurer.

The licensed employee is responsible for the cost of the health insurance premium. The licensed employee must pay the employee's share of the premium by paying the monthly premium amount in full to the board secretary prior to the due date of the school district's premium payment to the insurance carrier.

The undersigned licensed employee __________________ (does, does not) wish to continue to participate in the school district's group health insurance plan.

 

______________________________________    ________________

Licensed Employee                                                 Date

 

Approved:  02/13/2023              Reviewed:  __________           Revised:  ___________

 

407.06E3 LICENSED EMPLOYEE EARLY RETIREMENT APPLICATION

The undersigned licensed employee is applying for early retirement pursuant to board policy 407.6, Licensed Employee Early Retirement. Please complete the following information:

(Full Legal Name of Licensed Employee) ____________________________________                                                                              (Social Security Number) ______________________________                                                    

(Current Job Title) ___________________ (Date of Birth)____________  (Years of Service)___________                                                                                                                                                            

Please attach a letter of resignation effective the last contractual day of the year in which the undersigned licensed employee intends to retire.

The undersigned licensed employee acknowledges that application and participation in the early retirement plan is entirely voluntary.

The undersigned licensed employee acknowledges that the school district recommends that the licensed employee contact legal counsel and the employee's own personal accountant regarding participation in the early retirement plan.

Should the licensed employee die prior to full payment of an early retirement benefit, the licensed employee designates either the following individual as beneficiary or the licensed employee's estate.

_______ Beneficiary    _______ Estate

Beneficiary    ____________________________                                                                                                                        

Beneficiary Address  ________________________                                                                                                              

     

Licensed Employee _________________________________          Date  ___________                       

Witness  ______________________________________                  Date  ___________       

                         Approved:  02/13/2023     Reviewed:  __________       Revised:  __________                

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 will maintain and support an in-service program for licensed employees.  Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa Laws.

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

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

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

Legal Reference:      

     Iowa Code § 279.8; .74 

     281 I.A.C. 12.7: 83.6. 

Cross Reference:      

     414  Classified Employee Professional Purposes Leave

Approved:   12/9/1996                    Reviewed:   08/14/2023             Revised:  08/14/2023

 

 

408.2 LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

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

 

 

 

 

 

Legal Reference:      

17 U.S.C. § 101 et al

Iowa Code § 279.8

 

Cross Reference:

401.2  Employee Conflict of Interest

606.4  Student Production of Materials and Services

 

Approved:   12/9/1996                   Reviewed:   02/13/2023               Revised:  02/13/2023

 

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 §§ 20.7; 279.8.

 

Cross Reference:

401.2 Employee Conflict of Interest

402.6 Employee Outside Employment

 

Approved:   12/9/1996                    Reviewed:   02/13/2023               Revised:  02/13/2023

409 EMPLOYEE VACATIONS AND LEAVES OF ABSENCE

409.1 EMPLOYEE VACATION - HOLIDAYS

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

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

 

Legal Reference:      

     Iowa Code §§ 1C; 4.1(34); 20.9.

 

 

Cross Reference:      

      601.1  School Calendar

 

 

Approved:  12/9/1996                               Reviewed:     6/10/2024                 Revised:      7/11/2022

 

409.2 EMPLOYEE LEAVES OF ABSENCE

The board will offer the following leave to full-time regular licensed employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness

  • Family Sick Leave - Leave to care for a sick member of the employee’s immediate family

  • Bereavement Leave – Leave to mourn the loss of a family member or close friend

  • Adoption Leave – Leave for an employee who legally adopts a child

  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day

  • Jury Duty Leave – Leave to be excused for jury duty

  • Military Leave – Leave for military service, including the national guard

  • Political Leave – Leave to run for elective public office

The board will offer the following leave to full-time regular classified employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness

  • Family Sick Leave – Leave to care for a sick member of the employee’s immediate family

  • Bereavement Leave – Leave to mourn the loss of a family member or close friend

  • Adoption Leave – Leave for an employee who legally adopts a child

  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day

  • Jury Duty Leave – Leave to be excused for jury duty

  • Military Leave – Leave for military service, including the national guard

  • Political Leave – Leave to run for elective public office

The provisions of each leave offering will be detailed in the Master Contract and/or Employee Handbook.

Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.

 

 

 

 

Legal Reference:      

     26 U.S.C. ß 2601 et seq.

     Pub.L.116-127

     29 C.F.R. Pt. 825; 826

     Iowa Code ßß 20; 29A; 55; 85: 216; 279.40; 607A

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

     Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

 

Cross Reference:

     401.9  Employee Political Activity

     403.2  Employee Injury on the Job

     403.6  Drug and Alcohol Testing Program

     403.6E1 Drug and Alcohol Testing Program - Notice to Employees

     406.6E2 Drug and Alcohol Testing Program - Pre-Employment Testing Acknowledgement Form

     403.6E3 Drug and Alcohol Testing Program - Written Consent to Share Information

     409.3  Employee Family and Medical Leave

     409.3R1 Employee Family and Medical Leave - Regulation

     409.3R2 Employee Family and Medical Leave - Definitions

     409.3E1 Employee Family and Medical Leave - Notice to Employees

     409.3E2 Employee Family and Medical Leave - Request Form

     706.3  Pay Deduction

     706.3R1 Pay Deduction Regulation Form

 

 

Approved:   12/9/1996                                  Reviewed:  04/10/2023                            Revised:   04/10/2023

409.3 EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to twelve (12) weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as a “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 may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. 

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

 

Links:

https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

 

Legal Reference:

     29 U.S.C. §§ 2601 et seq.

     29 C.F.R. § 825.

     Iowa Code §§ 20; 85; 216; 279.40.

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

Cross Reference:

     409.2  Employee Leaves of Absence

 

 

 

Approved:  12/9/96                                                      Reviewed: 04/10/2023                                                  Revised:  8/10/2020

409.3E1 EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

This document is available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf

      

NOTE:  FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post a notice.  Regulations  29 C.F.R. § 825.300(a) may require additional disclosures.

 
Approved: 12/13/2015                                                       Reviewed:   04/10/2023                                                     Revised:  8/10/2020

409.3E2 EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST

 

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:

_____________________________

 

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

 

 

Approved:   12/13/2015                               Reviewed: 4/10/2023                                Revised:   8/10/2020

409.3R1 EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATIONS

EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATIONS

A.  School District Notice

1.  The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.

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

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

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 tosubstitute 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

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

1.  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

2.  The employee has worked at least 1,250 hours during the 12 months immediately before the FMLA leave is to begin.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

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

            1.  Six purposes:

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.  Medical certification.

                        a.  When required:

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

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

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

                        b.  Employee's medical certification responsibilities:

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

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

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

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.

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

E.  Entitlement.

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

2.  Year is defined as 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:

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

_____Serious Health condition of myself spouse, parent or child, when medically necessary;

_____Because a qualifying exigency arising out of the fact that the _____ 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; and/or

_____Because I am 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:

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

_____Serious health condition of myself, spouse, 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; and/or

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

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

3.  An employee who fails to make the health care contribution payments within thirty (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.

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

 

 

 

 

Approved:    8/8/2016                                               Reviewed:  4/10/2023                                                Revised:  4/10/2023

409.3R2 EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

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 terms 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, or by a health care provider, by a nurse or physicians 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 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 conditions.

"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 healthcare 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 qualifies 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.

 

Cross References:

     409.2  Employee Leaves of Absence

 

 

 

 

 

Approved:  8/8/2016                                              Reviewed:   4/10/2023                                  Revised:   4/10/2023

410 OTHER LICENSED EMPLOYEES

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.

Legal Reference:

    Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).

    Iowa Code §§ 20.1, .4(5), .9; Ch.272.

    281 I.A.C. 12.4.

 

Cross Reference:

     405.1    Licensed Employee Defined

    405.2    Licensed Employee Qualifications, Recruitment, Selection

 

 

 

 

Approved:   12/9/1996                    Reviewed: 04/10/2023                   Revised:  04/10/2023

 

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      12/9/1996                Reviewed     04/10/2023                  Revised      10/09/2017            

 

410.4 EDUCATION ASSOCIATE

The board may employ education associates 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 associates who hold a teaching certificate are compensated at the rate of pay established for their position as an education associate.  It is the responsibility of the principal to supervise education associates.

 

 

 

 

 

Legal Reference:      

     Iowa Code §§ 279.8; 280.3, .14.

     281 I.A.C. 12.4(9); .5(9).

 

Cross Reference:      

     411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

Approved:   12/9/1996                    Reviewed:   04/10/2023               Revised:  04/10/2023

411 CLASSIFIED EMPLOYEES - GENERAL

411.01 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 will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance.  The position may be full-time or part-time.

It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

 

 

 

 

Legal Reference:      

     Iowa Code §§ 20; 279.8.

 

Cross Reference:

     401.1 Licensed Employee Defined

     411.2 Classified Employee Qualifications, Recreitment, Selection

     412.3 Classifiedd Employee Group Insurance Benefits

 

 

 

 

Approved:   12/9/1996                   Reviewed   04/10/2023                 Revised:  04/10/2023

 

411.02 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 Workforce Development for posting on IowaWORKS.com 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. 

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

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; 84A.6(4)(b); 216; 279.8; 279.20

            281 I.A.C. 12

Cross Reference:    

401.1    Equal Employment Opportunity

411.      Classified Employee General

 

          

 

Approved:      12/9/1996     Reviewed:    05/13/2024          Revised  05/13/2024  

 

411.03 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 will 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 for cause.

Classified employees will receive a job description stating the specific performance responsibilities of their position.

It is 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, are filed with the board secretary.

 

 

 

 

Legal Reference:      

Iowa Code §§ 20; 279.7A; 285.5(9).

 

Cross Reference:                                 

411.8    Classified Employee Probationary Status

412.1  Classified Employee Compensation

412.2  Classified Employee Wage and Overtime Compensation

 

 

 

 

 

 

 

 

Approved:   12/9/1996                 Reviewed: 04/10/2023               Revised:  04/10/2023

 

411.04 CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification will keep them current at their own expense.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law for the position.

 

 

 

 

Legal Reference:      

Iowa Code §§ 285.5(9); 272; 279.8.

281 I.A.C. 12.4(10); 36; 43.

 

 

Cross Reference:      

411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

Approved:   12/9/1996                    Reviewed:  04/10/2023                   Revised:  04/10/2023

 

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

 

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

 

 

 

 

 

Legal Reference:      

Iowa Code §§ 20; 279.8.

 

Cross Refererence:

200.2  Powers of Board of Directors

411.6  Classified Employee Transfers

 

 

 

 

Approved:   12/9/1996                   Reviewed:  04/10/2023               Revised:  04/10/2023

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

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

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

 

 

 

 

 

Legal Reference:      

29 U.S.C. §§ 621-634.

42 U.S.C. §§ 2000e et seq.

42 U.S.C. §§ 12101 et seq.

Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1.

 

Cross Reference:

411.2  Classified Employee Qualifications, Recruitment, Selection

411.5  Classified Employee Assignment

 

 

 

Approved:   12/9/1996                    Reviewed:  04/10/2023                  Revised:  04/10/2023

 

411.07 CLASSIFIED EMPLOYEE EVALUATION

The Superintendent of Schools shall be responsible for the continuous evaluation of the classified employees of the district.

The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board and to develop a working relationship between the administrators and other employees.

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 §§ 20.9; 279.14

281 I.A.C. 12.3(3).

 

Cross Reference:

411.2  Classified Employee Qualifications, Recruitment, Selection

411.8  Classified Employee Probationary Status

 

 

 

 

Approved:   12/9/1996                    Reviewed:  04/10/2023                  Revised:  04/10/2023

 

411.08 CLASSIFIED EMPLOYEE PROBATIONARY STATUS

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

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

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

 

 

 

 

Legal Reference:      

Iowa Code §§ 20; 279.8.

Cross Reference:

411.3  Classified Employee Contracts

411.7  Classified Employee Evaluation

 

 

Approved:   12/9/1996                   Reviewed:  04/10/2023                 Revised:  04/10/2023

 

412 CLASSIFIED EMPLOYEE COMPENSATION AND BENEFITS

412.1 CLASSIFIED EMPLOYEE COMPENSATION

The board will determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

 

 

 

 

Legal Reference:      

     Iowa Code §§ 20.1, .4, .7, .9; 279.8.

 

Cross Reference:

     411.3. Classified Employee Contracts

     412.2  Classified Employee Wage and Overtime Compensation

 

Approved:   12/9/1996                    Reviewed:     6/10/2024                Revised:  6/14/2021

 

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 prevailing Minimum Wage. Whenever a non- exempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half time their regular hourly wage rate. This compensation is in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the 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, a daily time records will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

 

 

Legal Reference:      

Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

29 U.S.C. §§ 2601 et seq.

29 C.F.R. Pt. 511

 

Cross Reference:

411.3 Classified Employee Contracts

412.1 Classified Employee Compensation

 

 

Approved:   12/9/1996                    Reviewed:   04/10/2023                Revised:  04/10/2023

 

412.3 CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

Classified employees may be eligible for group insurance and health  benefits.  The board will select the group insurance program(s) and the insurance company or third pary administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who are expected to 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 utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district's group health plan. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its employees.

Classified 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. Classified employees who work _30 hours per week are eligible to participate in dental and vision group insurance plans. Employers should maintain documents regarding eligible employees' acceptance and rejection of coverage.

Regular part-time classified employees (i.e. employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

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

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 §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (1995).

Internal Revenue Code §4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26, CFR Parts

    1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 

    1, 54 and 301, 79 Fed. Reg. 8543 (Feb 12, 2014). 

 

Cross Reference:                                 

411.1  Classified Employee Defined

 

 

 

 

 

 

Approved:   12/9/1996                    Reviewed: 04/10/2023                  Revised:  04/10/2023

412.4 CLASSIFIED EMPLOYEE TAX SHELTER PROGRAM

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 classified employees' tax sheltered annuity premiums purchased from a company or program if chosen by the board.

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.  Request for purchase or change of tax sheltered annuities may be made by the 1st business day of the month to be deducted from the month's payroll.

 

 

 

 

 

 

 

Legal Reference:  

Small Business Job Protection Act of 1996, Section 1540(a), repealing portions

     of IRS REG § 1.403(b)-1(b)(3).     

Iowa Code §§ 260C; 273; 294.16.

 

Cross Reference:                                 

706.2   Payroll Deductions

 

 

 

Approved:   12/9/1996                    Reviewed:  04/10/2023                 Revised:  04/10/2023

 

413 CLASSIFIED EMPLOYEE TERMINATION OF EMPLOYMENT

413.1 CLASSIFIED EMPLOYEE RESIGNATION

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

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

 

 

 

 

Legal Reference:      

Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9).

 

 

 

 

Approved:   12/9/1996                    Reviewed:  04/10/2023                   Revised:  04/10/2023

 

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 is final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

 

 

 

 

 

Legal Reference:      

29 U.S.C. §§ 621 et seq..

Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46.

 

 

Cross Reference:      

407.6E1  Licensed Employee Early Retirement - Acknowledgement of Receipt

407.6E2  Licensed Employee Early Retirement - Insurance Options

407.6E3  Licensed Employee Early Retirement - Application

 

 

 

 

Approved:   12/9/1996                    Reviewed:  04/10/2023                   Revised:  04/10/2023

413.3 CLASSIFIED EMPLOYEE SUSPENSION

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

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

 

 

 

 

 

 

 

Legal Reference:      

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

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

Iowa Code §§ 20.7, .24.

 

Cross Reference:

404 Employee Conduct and Appearance

404R1  Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

404R2  Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

413.4   Classified Employee Dismisall

413.5.  Classified Employee Reduction in Force

 

 

 

 

 

 

 

 

Approved:   12/9/1996                     Reviewed:  04/10/2023                   Revised:  04/10/2023

 

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 will be followed.

It is the responsibility of the superintendent to make a recommendation for dismissal to the board.  A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

 

 

 

 

 

 

Legal Reference:      

Iowa Code §§ 20.7, .24.

 

 

Cross Reference:      

404      Employee Conduct and Appearance

404R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

404R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

413.3  Classified Employee Suspension

413.5  Classified Employee Reduction in Force

 

 

 

 

 

 

 

Approved:   12/9/1996                   Reviewed:     04/10/2023               Revised:  04/10/2023

 

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

 

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

 

 

 

 

 

 

 

 

 

Legal Reference:      

Iowa Code §§ 20.7, .24.

 

 

Cross Reference:      

407.5  Licensed Employee Reduction in Force

413.3  Classified Employee Suspension

413.4  Classified Employee Dismissal

 

 

 

 

Approved:   12/9/1996                   Reviewed:   04/10/2023            Revised:  04/10/2023

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

 

Legal Reference:    

Iowa Code § 279.8.

281 I.A.C. 12.7

 

 

Cross Reference:      

     408.1  Licensed Employee Professional Development

    

 
Approved:  12/9/1996                                    Reviewed: 04/10/2023                                        Revised:  04/10/2023