400 - EMPLOYEES
400 - EMPLOYEES Jen@iowaschool… Tue, 11/23/2021 - 07:54400 - Role and Guiding Principles for Employees
400 - Role and Guiding Principles for EmployeesThis series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs. Employees provide a variety of important services for the children of the school district community. They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches. Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions. As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.
In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees. The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance. It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action. The board recognizes its duty to bargain collectively with duly certified collective bargaining units.
Board policies in this series relating to general employees 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. Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 8-14-17, 2-16-22
401 - Employees and Internal Relations
401 - Employees and Internal Relations dawn.gibson.cm… Wed, 07/06/2022 - 09:36401.1 - Employee Orientation
401.1 - Employee OrientationEmployees must know their role and duties. New employees may be required to participate in an orientation program or new employees. It shall be the responsibility of the immediate supervisor or designee to provide the new employee with a review of the employee's responsibilities, duties, and appropriate procedures.
Approved: 07-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 12-15-04, 10-10-05, 11-14-05, 01-17-12, 05-15-12, 12/14/16
Revised: 07-01-92, 05-15-12, 2-16-22
401.15 Employee Use of Social Media
401.15 Employee Use of Social Media awoods@gt.rati… Thu, 08/22/2024 - 07:29401.16 - Employee Professional Development
401.16 - Employee Professional DevelopmentREQUIRED 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.
Approved : 11-15-23 Reviewed: Revised:
401.17-Limitations to Employee References
401.17-Limitations to Employee ReferencesLIMITATIONS TO EMPLOYEE REFERENCES
The district believes in taking appropriate measures to promote the health and welfare of all students. Any school employee, volunteer, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 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 has passed since the case was opened, and no charges or indictment have been filed.
Approved : 8-21-24 Reviewed: Revised:
401.2 - Equal Employment Opportunity
401.2 - Equal Employment OpportunityThe Ruthven-Ayrshire 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 school district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.
The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years.
Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, gender, national origin, religion, age, sexual orientation, gender identity or disability. The board will consider the veteran status of applicants.
Prior to a final offer of employment for any position, the school district will perform the background checks required by law. The school district may determine on a case-by-case basis that, based on the duties, other positions within the school 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 and may withdraw a previously extended offer.
Employees will support and comply with the school district’s established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually. Additionally, all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the school district are required to subscribe to all applicable federal, state, and local laws, executive orders, rules, and regulations pertaining to contract compliance and equal employment opportunity.
Advertisements and notices for vacancies within the school district will contain the following statement: The Ruthven Ayrshire Community School District is an EEO/AA 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 Ruthven Ayrshire Community School District, Ruthven, Iowa; or by telephoning 712-837-5211.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Iowa Civil Rights Commission, 400 East 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 800-457-4416 https:// https://www.state.ia.us/government/crc/index.html or to the Equal Employment Opportunity Commission, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Avenue, Suite 800, Milwaukee, Wisconsin 53203, (800) 669-4000, https://www.eeoc.gov/field/milwaukee/index.cfm. An inquiry or complaint to the state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.
Approved: 08-13-07
Reviewed: 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.3 - Employee Conflict of Interest
401.3 - Employee Conflict of InterestEmployees' 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 supplies. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.
If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must:
- Cease the outside employment or activity; or,
- Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
Approved: ______
Reviewed: 3/12/12, 12/14/16
Revised : 10/12/09, 10/10/16, 2-16-22
401.4 - Nepotism
401.4 - NepotismMore than one family member may be an employee of the school district. The decision to employ more than one individual in a family is on the basis of each individual’s qualifications, credentials, and records.
No school district employee will be involved in hiring a family member. It shall be within the discretion of the superintendent to allow one family member employed by the school district to serve in a supervisory capacity over one of their family members employed by the school district subject to prior approval of the board of directors. No school district employee shall attempt to influence the evaluation or condition of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.
Family members for purpose of this policy include spouses, mothers, fathers, mothers-in-law, fathers-in -law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in -law.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 03-12-12, 10-14-02, 10-10-05, 12-15-08, 12/14/16
Revised: 2-16-22
401.5 - Employee Complaints
401.5 - Employee ComplaintsComplaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner. Complaints will never be made in the presence of other teachers, employees, students or outside persons.
A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board and the staff handbook. This policy will not apply to a complaint that has been or could be filed at the employee's discretion under those formal grievance procedures.
Approved: 07-01-92
Reviewed: 11-14-94, 11-11-97, 11-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 8-14-17, 2-16-22
401.6 - Employee Records
401.6 - Employee RecordsThe school district shall maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
The records shall include, but not be limited to, records necessary for the daily administration of the school district, person information regarding the employee, salary records, evaluations, application for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made as allowed under law. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.
It shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary shall be the custodian of employee records.
Approved: 11-18-93
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.6R1 - Employee Records Regulation
401.6R1 - Employee Records RegulationEmployee personnel records may contain the following information:
• Personal information, including, but not limited to: name, address, telephone number, emergency numbers, birthdate, and spouse
• Individual employment contract
• Evaluation documents
• Application, resume, and references, expect those that shall be kept confidential according to state and federal law
• Salary information
• Copy of employee's license or certificate, if needed for the position
• Educational transcripts
• Job description and/or assignment
• Records of disciplinary matters
• Tax documents, including, but not limited to, IRS Form W-4.
• Written attendance records.
• Complaints.
• Documents concerning any raise, promotion, pay decrease or demotion.
• Receipts and/or acknowledgements of any employee related material, including policies and handbooks.
• Letters of termination and/or resignation.
• Documentation relating to an employee’s unemployment benefits.
• Documentation regarding the employee’s separation from employment.
• Employee health and medical records are kept in a file separate from the employee’s personnel records. Health and medical records may contain, but not limited to:
• Medical professional signed physical form
• Sick or long-term disability leave days
• Worker's Compensation claims
• Reasonable accommodations made by the school district to accommodate the employee's disability
• Employee's medical history, including, but not limited to, medical records and/or notes.
• Employee emergency names and numbers
• Family and medical leave request forms
• Employee immigration forms, especially Form I-9, are kept separate from employee personnel records and may be kept in a file that houses all employees’ immigration forms for the United States Citizenship and Immigration Services.
• Records on applicants for positions with the school district shall be maintained in the central administration office. The records may include, but not limited to:
• Application for employment
• Resume
• References, except those that shall be kept confidential according to state and federal law
• Evidence of appropriate license or certification, if necessary for the position for which the individual applied
• Affirmative action form, if submitted
Records Access
Only authorized school officials shall have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical information without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of Board business.
The general public may have access to an employee’s personnel records and/or personnel information as permitted by law. Specifically, the general public may have access to the following information:
• An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.
• Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
• The dates the employee was employed by the district.
• The positions the employee holds or has held with the district.
• The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
• The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.
Employee Records Retention
All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the school district. Applicant records shall be maintained for a minimum of seven years after the position was filled. Payroll and salary records shall be maintained for a minimum of three years after payment.
401.7 - Employee Relations to the Administration and to the Board
401.7 - Employee Relations to the Administration and to the BoardEmployees are encouraged to attend school board meetings. Employees shall be available to provide information and assist in providing recommendations to the board upon request. Employees shall keep the board informed through the administration about educational trends and issues that may assist the board. It shall be the responsibility of the employees to keep the administration informed about the day-to-day occurrences in their work areas.
It shall be the responsibility of the superintendent to develop avenues for communication between the board and the employees. These avenues of communication will not be construed as denying the right of any employee to appeal an action or decision of the superintendent to the board.
Reviewed: 07-01-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 11-14-94, 2-16-22
401.8 - Employee Involvement in Decision Making
401.8 - Employee Involvement in Decision MakingInput from employees regarding the students, the education program and other school district operations will be considered by the administration and the board. Employees may be requested to make a presentation to the board. The administration, in its discretion, may consult with employees about proposed changes in the education program and operations of the school district.
Employees having suggestions for changes or improvements in administrative procedure or policy should take such suggestions directly to the principal or the superintendent. The principal or superintendent will discuss the suggestion with the employee. After a final decision is made on any policy or procedure, employees will be expected to accept and support the decision in their subsequent actions, discussions and relations.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 11-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 11-14-94, 2-16-22
401.9 - Transporting Students by Employees
401.9 - Transporting Students by EmployeesGenerally, transportation of students shall be in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow another employee of the school district to transport the students in the employee's motor vehicle or in a school district motor vehicle, other than a school bus.
Employees who transport students for school district purposes other than on the regular bus route must have completed a transportation request and have received the permission of the superintendent and must provide to the superintendent, for copying, a current driver’s license and proof of insurance. In cases of emergency, an employee will notify the superintendent of the employee’s transportation of a student as soon as possible.
This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.
Travel compensation for use of personal motor vehicles will be followed according to the rate specified in board policy.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-13-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.10 - Employee Travel Compensation
401.10 - Employee Travel CompensationEmployees traveling on behalf of the school district and performing approved school 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. Mileage claims will be documented on forms provided for that purpose. Authorization for travel must be approved by the principal, supervisor or superintendent.
Travel Outside the School District
Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is approved by the superintendent.
Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, the amount, the items purchased, and the nature of the expense for each claim item. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.
Failure to have a detailed receipt will make the expense a personal expense.
Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. Pre-approved expenses for registration are limited to the actual cost of the registration. Alcoholic beverages are not allowable expenses for reimbursement.
Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by school district vehicle. If a school district vehicle is not available, the employee, upon submission of appropriate documentation, will be reimbursed at a rate set by the board.
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 a rate set by the board. Mileage for travel within the school district shall be computed from the employee’s first duty station on any day to subsequent work stations. 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.
Approved: 07-01-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-01-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.11 - Recognition for Service of Employees
401.11 - Recognition for Service of EmployeesThe board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the administration and staff in a manner fitting to the retiring or resigning employee.
If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent shall seek prior approval from the board.
Approved: 7- l - 92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.12 - Employee Political Activity
401.12 - Employee Political ActivityEmployees shall not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students, are specifically prohibited.
Violation of this policy may be grounds for disciplinary action up to and including termination.
Approved: 07-01-92
Reviewed: 11-14-94, 11-11-97,10-11-99, 10-14-02, 10-10-05,12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.13 - Use of School District Credit Cards
401.13 - Use of School District Credit CardsThe school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. School district credit cards may be issued and/or made available to employees and officers only for the time period and purpose for which they are needed. The school district’s administration, in consultation with the board, will determine which employees and officers will be issued and/or provided use of school district credit cards and the time period that they are needed. Prior to issuing and/or providing use of a school district credit card to an employee or officer, the employee or officer will be instructed regarding the use of school district credit cards and they will provide a written acknowledgement that they understand their responsibilities in regard to the use of school district credit cards. Employees and officers will turn school district issued and/or provided credit cards back to the school district at the end of the time period for which they have been issued and/or provided or upon separation of employment. Use of school district issued credit cards is a privilege and the superintendent may withdraw the privilege of using school district issued credit cards at any time.
Employees and officers may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.
Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, the amount, the items purchased, and the nature of the expense for each claim item. Failure to provide a proper receipt shall make the expense a personal expense. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.
It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
Failure to adhere to the credit card policy and regulations may subject an employee to disciplinary action up to and including termination of employment.
Approved: 07-01-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
401.14 - Employee Use of Cell Phones
401.14 - Employee Use of Cell PhonesThe school district may issue cell phones to employees when there is a valid school district related business purpose for the employee to have access to a cell phone. Prior to issuing an employee a school district cell phone, the school district will evaluate the employee’s job assignment and responsibilities and determine whether the employee should be issued a school district cell phone. If the school district determines an employee will be issued a school district cell phone, the school district will determine the appropriate cell phone and cell phone plan for the employee.
An employee’s use of a school district cell phone will be limited to school district business. Personal use of school district cell phones will only be allowed on a limited and infrequent basis.
Employees who are issued school district cell phones may not use them at any time while they are operating motor vehicles or equipment. Employees who are involved in an accident and/or charged with violations of the law resulting from the use of a school district cell phone while operating motor vehicles or equipment will be solely responsible for all liability that results from such actions, including, but not limited to all damages, costs, fees, and fines.
Any school district cell phone issued to an employee is school district property and all communications over and activity conducted on any school district cell phone is subject to being monitored and reviewed by the school district. An employee who has been issued a school district cell phone is expected to protect it from loss, damage or theft and will be responsible for any damages or charges that result from the employee’s failure to exercise due care. If an employee is issued a school district cell phone and it is lost or stolen, the employee must notify the school district so that service can be discontinued. An employee shall notify the school district if a school district cell phone the employee has been issued malfunctions.
Upon separation from employment or at any time upon request, the employee may be asked to produce a school district cell phone issued to the employee for return or inspection. Employees unable to present a school district issued cell phone in good working condition within twenty-four (24) hours of being asked to produce it may be required to bear the cost of replacing the cell phone.
Employees shall restrict use of personal cell phones to break periods or lunch periods. Personal cell phone use shall be restricted during the employee’s work hours and should not interfere with the employee’s ability to perform their duties and responsibilities.
An employee’s failure to comply with this policy may subject the employee to disciplinary action up to and including termination of employment.
402 - Employees and Outside Relations
402 - Employees and Outside Relations dawn.gibson.cm… Wed, 07/06/2022 - 09:36402.1 - Release of Credit Information
402.1 - Release of Credit InformationThe following information will be released to an entity with whom an employee has applied for credit or has obtained credit: title of position, income and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.
It shall be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 1-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
402.2 - Child Abuse Reporting
402.2 - Child Abuse ReportingIn compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. Employees are encouraged and mandatory reporters are required to report alleged incidents of child abuse they become aware within the scope of their professional duties. The definition of child abuse is in the accompanying regulation.
When a reporter suspects a student is the victim of child abuse, the mandatory reporter will orally or in writing notify the Iowa Department of Human Services. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified. Within forty-eight hours of the oral report, the mandatory reporter will file a written report with the Iowa Department of Human Services.
Within six months of their initial employment, mandatory reporters shall complete training involving the identification and reporting of child abuse and/or submit evidence their training is up to date. Training is required to be retaken as required by law.
Approved – 08-09-93
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12
Revised: 7-10-17, 2-16-22
402.2R1 - Child Abuse Reporting Regulations
402.2R1 - Child Abuse Reporting RegulationsIowa 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 or when offered financial or other reasonable means to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
• The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in prostitution.
• The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.
• Any mental injury to a child’s intellectual or psychological capacities evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional as defined by Iowa law.
• An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.
• The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.
• Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.
Teachers in public schools are not "persons responsible for the care of the child" under this definition. However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.
Reporting Procedures
Mandatory reporters 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 the 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 information.
• name, age, and home address of the child;
• name and home address of parents, guardians or other persons believed to be responsible for care of the child;
• the child's present whereabouts if not the same as the parent's or other person's home address;
• description of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the same home;
• any other information considered helpful; and,
• name and address of the person making the report.
It is not the responsibility of employees to prove that a child has been abused or neglected. Employees should not take it upon themselves to investigate the case or contact the family of the child. The DHS is responsible to investigate the incident of alleged abuse.
Approved: 08-09-93
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
402.3 - Abuse of Students by School District Employees
402.3 - Abuse of Students by School District EmployeesPhysical or sexual abuse of students, including 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 termination.
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 shall be listed in the student handbook, published annually in the local newspaper, and posted in all school facilities.
Approved: 08-09-93
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22, 8-21-24
402.3E1 - Abuse of Students by School District Employees
402.3E1 - Abuse of Students by School District EmployeesComplaint 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.
402.3E2 - Report of Level I Investigation Form
402.3E2 - Report of Level I Investigation FormStudent'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
__________________________________ _________________________________
Signature of investigator Date
402.3R1 - Abuse of Students by School District Employees Regulation
402.3R1 - Abuse of Students by School District Employees RegulationAn individual who has knowledge an employee has physically or sexually abused a student may immediately report it to 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 investigable, the written report must include basic information showing that the victim or the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator shall dismiss the complaint and inform the reporter of other options available. Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.
If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:
- temporarily remove the student from contact with the employee;
- temporarily remove the employee from service; or,
- take other appropriate action to ensure the student's safety.
The Level I investigator shall have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.
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 investigable report, the Level I investigator shall complete an informal investigation. The informal investigation shall consist of interviews with the student, the employee and others who may have knowledge of the alleged incident. If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student's parents, and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator shall complete a written investigative report, unless the investigation was temporarily deferred.
The written investigative report shall include:
- The name, age, address, and attendance center of the student named in the report.
- 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.
- The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.
- An identification of the nature, extent, and cause, if known, of any injuries or abuse to the student named in the report.
- A general review of the investigation
- Any actions taken for the protection and safety of the student.
- 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.)
- Unfounded. (It is not likely that an incident, as defined in these rules, took place),
- The disposition or current status of the investigation.
- 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 Level II investigator.
The Level II investigator shall review the Level I investigator's final investigative report and conduct further investigation. The Level II investigative report shall state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation. In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:
Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from:
a. Using reasonable and necessary force, not designed or intended to cause pain:
(1) To quell a disturbance or prevent an act that threatens physical harm to any person.
(2) To obtain possession of a weapon or other dangerous object within a pupil's control.
(3) For the purposes of self-defense of defense of others as provided for in Iowa Code §704.3.
(4) For the protection of property as provided for in Iowa Code §§704.4, .5.
(5) To remove a disruptive pupil from class, or any area of school district premises or from school-sponsored activities off school district 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:
(1) The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee.
(2) The size and physical condition of the student.
(3) The instrumentality used in making the physical contact.
(4) The motivation of the school employee in initiating the physical contact.
(5) The extent of injury to the student resulting from the physical contact.
Reasonable force is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee's immediate supervisor, and the student's parent. The Level I investigator shall notify the person filing the report of the current status of the case.
If the Level II investigator's report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator shall file a complaint with the 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 warrat1ted, 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, 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 school district after obtaining the superintendent's signature with the 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.
402.4 - Gifts To Employees
402.4 - Gifts To EmployeesEmployees may receive a gift on behalf of the school district. Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of restricted donor stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below. However, employees may receive non-monetary gifts of a value of less than three dollars if the donor does not intend to influence the employee’s professional judgement.
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;
• Is engaged in activities which are regulated or controlled by 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 of an employee;
• Food and beverages provided at a meal that is part of a bona fide event or program at which the recipient is being honored for public service;
• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a political subdivision of the state is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given 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 state or political subdivision of the state for attending the meeting;
• Gifts of food, beverages, travel, or lodging received by a public official or public employee if all of the following apply: (1) the public official or public employee is officially representing an agency in a delegation whose sole purpose is to attract a specific new business to locate in the state, encourage expansion or retention of an existing business already established in the state, or to develop markets for Iowa businesses or products; (2) the donor of the gift is not the business or businesses being contacted; and (3) the public official or public employee plays a significant role in the presentation to the business or businesses on behalf of the public official’s or public employee’s agency.
• Gifts other than food, beverages, travel, and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging, and travel are not registration costs under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions under this paragraph.
An honorarium is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does not include any of the following:
• Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
• A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.
It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium. Any employee who violates this policy may be subject to disciplinary action up to and including termination.
Approved:
Reviewed: 11-11-97. 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 09-20-94, 2-16-22
402.5 - Public Complaints About Employees
402.5 - Public Complaints About EmployeesThe board recognizes situations may arise in the operation of the school district which are of concern to the parents and other members of the school district community. While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.
The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved consistent with the following:
(a) Matters concerning an individual employee should first be addressed to the employee.
(b) Unsettled matters from (a)above or problems and questions about individual attendance centers should be addressed to the employee's building principal or immediate supervisor.
(c) Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.
(d) If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To ask that a concern regarding an employee be addressed by the board, the individual must notify the board president in writing, who may bring it to the attention of the entire board or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy.
It is within the discretion of the board to address complaints from the members of the school district community and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.
Approved:
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 07-01-92, 2-16-22
402.6 - Employee Relations to the Public
402.6 - Employee Relations to the PublicMembers of the school district community shall be treated with respect by employees. The board encourages active participation by employees in community activities and events.
It shall be the responsibility of employees as they participate in various community groups and events, to make a conscientious effort to make the school district and its events a real part of the community. Employees shall take advantage of their participation in the community to look for opportunities in which the community and school district can join forces for the betterment of the school district and the community.
Approved: 7- l - 92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
402.7 - Employee Outside Employment
402.7 - Employee Outside EmploymentThe board believes the primary responsibility of employees is to the duties of their position with the school district as outlined in their job description. The board considers an employee's duties as part of a regular, full-time position, as full-time employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.
It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.
The board may request the employee to cease the outside employment as a condition of continued employment with the school district.
Approved : 07-01-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
403 - Employee Health and Well Being
403 - Employee Health and Well Being dawn.gibson.cm… Wed, 07/06/2022 - 09:37403.1 - Employee Physical Examinations
403.1 - Employee Physical ExaminationsEmployees will be required to submit to a pre-employment physical examination after an offer of employment has been made and before the beginning of service. The school district will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination. A written report of the physical examination shall be submitted to the school district. The date by which any such physical examination report shall be submitted to the school district shall be determined by the superintendent, but in no case shall be any less than five (5) business days prior to the first working day.
Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and every two years thereafter.
The cost of the initial examination will be paid by the employee.
Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition. A direct threat occurs when an individual poses a significant risk of substantial harm to himself/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentiality laws.
The school district will provide an examination form to be completed by the personal physician of the employee. The school district also reserves the right to request additional physical or mental evaluation as deemed by a licensed physician for job performance.
Approved:
Reviewed: 12-09-12, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 04-10-04, 01-17-12, 2-16-22
403.2 - Employee Injury on the Job
403.2 - Employee Injury on the JobWhen an employee becomes injured on the job, the building principal or designee shall notify a member of the family, or an individual of close relationship, as soon as the building principal and medical personnel become aware of the injury.
The school district is not responsible for medical treatment of an injured employee. If possible, an employee may administer emergency or minor first aid. An injured employee shall be turned over to the care of the employee's family or qualified medical employees as quickly as possible.
It shall be the responsibility of the employee injured on the job to inform the superintendent or human resources within twenty four hours of the occurrence. It shall be the responsibility of the employee or the employee's supervisor to file an accident report within twenty-four hours after the employee reported the injury.
It shall be the responsibility of the employee to file claims, such as worker's compensation, through the board secretary.
Approved: 07-1-92
Reviewed: 11-14-94 11-11-97, 12-11-99, 10-14-02, 10-10-05, 12-15-08, 01-17-12, 05-15-12, 12/14/16
Revised: 2-16-22
403.3 - Communicable Diseases - Employees
403.3 - Communicable Diseases - EmployeesSome employees with a communicable disease, as defined by law, will be allowed to attend to their customary employment duties without creating a risk of transmission of the illness to students or other employees. The school district also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.
Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees. The term communicable disease shall mean an infection or contagious disease spread from person to person or animal to person or as defined by law. A direct threat occurs when an individual poses a significant risk of substantial harm to himself/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the superintendent any time the employee is aware that the employee’s condition poses a direct threat. Any individual who has information that a school district employee may have a communicable disease is encouraged to report the information to the superintendent.
Prevention and control of communicable diseases shall be included in the school district's bloodborne pathogens exposure control plan. The procedures shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees, and record keeping. This plan shall be reviewed annually by the superintendent and school nurse.
The superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the school district environment constitutes a direct threat. In making this determination, the superintendent shall consider credible, objective evidence. If the superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the superintendent may request additional medical information from the employee’s physician with the employee’s consent, a physician chosen by the school district or public health officials, to confirm the superintendent’s determination.
The health risk to immunodepressed employees shall be determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.
Approved: 11-14-94
Reviewed: 7-11-95, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 11-11-97, 2-16-22
403.3R1 - Universal Precautions Regulation
403.3R1 - Universal Precautions RegulationUniversal 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.
403.4 - Hazardous Chemical Disclosure
403.4 - Hazardous Chemical DisclosureThe board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.
Each employee shall annually review information about hazardous substances in the workplace. When an employee is hired or transferred to a new position or work site, the information and training, if necessary, shall be included in the employees’ orientation. When an additional hazardous substance enters the workplace, information about it shall be distributed to all employees and training shall be conducted for the appropriate employees. The superintendent shall maintain a file indicating 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 shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.
Approved: 07-01-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
403.5 - Harassment
403.5 - HarassmentHarassment of or by school district employees will not be tolerated in the school district. School district includes school district facilities, school district premises, and non-school district property if the employee is at any school district sponsored, school district approved or school district related activity or function, such as field trips or athletic events where the employee is engaged in school district business.
Harassment includes, but is not limited to that based upon perceived or actual race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, termination or other appropriate action. Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.
Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
- submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
- such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.
Employees who believe they have suffered harassment shall report such matters to the investigator for harassment complaints. However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.
Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts. It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate. Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.
No one will retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.
It is the responsibility of the board members, administrators, licensed and classified employees, and others having business or other contact with the school district to act appropriately under this policy. It is the responsibility of the superintendent and investigator to inform and educate employees and others involved with the school district about harassment and the school district's policy prohibiting harassment.
This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.
Approved: 7-1-92
Reviewed: 10-11-99, 10-14-02, 1-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 12-13-99, 2-16-22
403.5E1 - Harassment Complaint Form
403.5E1 - Harassment Complaint FormName of complainant: __________________________________________________________
Position of complainant: ________________________________________________________
Date of complaint: _____________________________________________________________
Name of alleged harasser: ________________________________________________________
Date and place of incident or incidents: _____________________________________________
______________________________________________________________________________
Description of misconduct: _______________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Name of witnesses (if any): ______________________________________________________
______________________________________________________________________________
_______________________________________________________________________________
Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible): ________________
_______________________________________________________________________________
Any other information: ___________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
I agree that all of the- information on this form is accurate and true to the best of my knowledge.
Signature: ____________________________
Date: _______________________________
403.5E2 - Witness Disclosure Form
403.5E2 - Witness Disclosure FormName of witness: _________________________________________________________
Position of witness: _______________________________________________________
Date of testimony, interview: ________________________________________________
Description of instance witnessed: ____________________________________________
_________________________________________________________________________
_________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Any other information: _______________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ___________________________________
Date: _______________________________________
403.5R1 - Harassment Investigation Procedures
403.5R1 - Harassment Investigation ProceduresCOMPLAINT PROCEDURE
An employee who believes that they have been harassed shall notify the administrator that is not the immediate supervisor, the designated investigator. The alternate investigator is the building administrator that is the immediate supervisor. The investigator may request that the employee complete the harassment complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes or pictures Information received during the investigation shall be kept confidential to the extent possible. The investigator with the approval of the superintendent or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.
INVESTIGATION PROCEDURE
The investigator shall reasonably and promptly commence the investigation upon receipt-of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate. Upon completion of the investigation, the investigator shall report to the superintendent. The investigator will outline the findings of the investigation to the superintendent.
RESOLUTION OF THE COMPLAINT
The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator's report. Following the investigators report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including termination or other appropriate sanctions. Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent's discretion, interview the complainant and the alleged harasser. The superintendent shall file a written report closing the case. The complainant, the alleged harasser, and the investigator shall receive notice as to the conclusion of the investigation.
POINTS TO REMEMBER IN THE INVESTIGATION
• Evidence uncovered in the investigation is confidential.
• Complaints must be taken seriously and investigated.
• No retaliation will be taken against individuals involved in the investigation process.
• Retaliators will be disciplined up to and including termination or receive other appropriate sanctions.
CONFLICTS
If the investigator is the alleged harasser or a witness to the incident the alternate investigator shall be the investigator. If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent's place in the investigation process. The alternate investigator shall report the findings to the board.
403.6 - Substance-Free Workplace
403.6 - Substance-Free WorkplaceThe 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, barbituate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law. Workplace includes school district facilities, school district premises or school district vehicles. Workplace also includes non-school district property if the employee is at any school district sponsored, school district approved or school district 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 district business.
If an employee is convicted of a violation of any criminal alcohol or drug offense in any setting, the employee shall notify the employee's supervisor of the conviction within five days of the conviction.
The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination. An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.
The superintendent shall be responsible for publication and dissemination of this policy to each employee. In addition, the superintendent shall oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
403.6E1 - Substance Free Workplace Notice to Employees and Acknowledgement Form
403.6E1 - Substance Free Workplace Notice to Employees and Acknowledgement FormEMPLOYEES 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, barbituate, marijuana or any other controlled substance or alcohol, as defined in federal and/or state law.
Workplace is defined as the site for the performance of work done in the capacity as an employee. This includes school district facilities, other school district premises or school district vehicles. Workplace also includes non-school district property if the employee is at any school district sponsored, school district approved or school district 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 district 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 alcohol or drug offense in any setting , 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. I understand that if I am required to participate in a substance abuse treatment program and if I fail to successfully participate in a substance abuse treatment program or I refuse to participate, I understand I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal alcohol or drug offense in any setting, I must report that conviction to my supervisor within five days of the conviction.
_______________________________________ ___________________________
(Signature of Employee) (Date)
403.6R1 - Substance Free Work Place Regulation
403.6R1 - Substance Free Work Place RegulationIf the superintendent suspects an employee bas a substance abuse problem, the superintendent shall follow these procedures:
- Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee bas 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.
- 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.
- 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.
- Conviction - if an employee is convicted of a criminal alcohol or drug offense in any setting, the employee must notify the employer of the conviction within five days of the conviction.
403.7 - Drug and Alcohol Testing Program
403.7 - Drug and Alcohol Testing ProgramEmployees who operate school district vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school district vehicle and the school district vehicle transports sixteen or more persons including the driver or the school district 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 district vehicle.
The employees operating a school district 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 district vehicles will not perform a safety sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school district vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function. Employees with questions about the drug and alcohol testing program may contact the school district contact person, the Superintendent, at 1505 Washington Street, PO Box 159, Ruthven, Iowa 51358.
Employees who violate the terms of this policy are subject to discipline up to and including termination. Employees who violate this policy may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program at their sole cost and expense, as a condition of continued employment. Employees who fail to or refuse to participate may be subject to discipline up to and including termination.
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 forms to employees operating school district vehicles. The superintendent will oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
Approved: 8-11-03
Reviewed: 10-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 04-13-05, 2-16-22
403.7E1 - Drug and Alcohol Testing Program Notice To Employees
403.7E1 - Drug and Alcohol Testing Program Notice To EmployeesEMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, and post-accident drug and alcohol testing as outlined in the drug and alcohol testing program policy, its supporting documents, and the law.
Employees who operate school district vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school district vehicle and the school district vehicle transports sixteen or more persons including the driver or the school district vehicle weighs twenty-six thousand pounds or more. For purposes of the drug and alcohol-testing program, employees also include applicants who have been offered a position to operate a school district vehicle. The employees operating a school district 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 district 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 or offered the opportunity to participate in counselling as a condition of continued employment. If offered, as a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law bear the personal and financial responsibility to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional. Employees who are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the drug and alcohol testing program policy, its supporting documents, and the law. It is a condition of continued employment for employees operating a school district 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, and the law.
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.
Approved:
Reviewed: 12-15-18, 03-12-12, 12/14/16
Revised: 04-13-05, 2-16-22
403.7E2 - Drug and Alcohol Testing Program Acknowledgement Form
403.7E2 - Drug and Alcohol Testing Program Acknowledgement FormI, ___________________________________ (Name of Employee), have received a copy, read, and understand the drug and alcohol testing program policy and its supporting documents. I consent to submit to the drug and alcohol testing program as required by the drug and alcohol testing program policy, its supporting documents, and the law.
I understand that if I violate the drug and alcohol testing program policy, its supporting documents or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, if recommended by the substance abuse professional. If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.
Furthermore, I know and understand that I am required to submit to a controlled substance test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function. I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.
I also understand that I must inform my supervisor of any prescription medication I use. I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents or the law.
______________________________________________ ______________________
Signature of Employee Date
403.7E3 - Drug and Alcohol Testing Program Pre-Employment Drug Test Acknowledgement Form
403.7E3 - Drug and Alcohol Testing Program Pre-Employment Drug Test Acknowledgement FormI, (name of applicant), have been informed of the requirement to submit to a drug test prior to being employed by the school district to perform a safety-sensitive function. I consent to submit to the drug and alcohol testing program as required by the drug and alcohol testing program policy, its supporting documents and the law.
I understand that the results of my drug test will be shared with the school district. I also understand that if I have a positive drug test result, I will not be considered further for employment with the school district.
I further understand that the drug and alcohol testing records and information about me is confidential, and may be released at my request or in accordance with the law.
____________________________________________ ________________________
(Signature of Applicant) (Date)
404 - Employee Conduct and Appearance
404 - Employee Conduct and AppearanceEmployees 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. Employees shall dress themselves, groom themselves, and conduct themselves in a manner appropriate to the educational environment.
Employees shall conduct themselves in a professional manner. Employees shall dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.
Licensed employees of the school district shall follow the code of ethics for their profession as established by the Board of Educational Examiners Commission.
It shall be the responsibility of the building principals to counsel employees assigned to their attendance center on appearance and conduct when the individual appearance may have a negative impact on the learning environment. Employees who do not follow this policy shall be subject to disciplinary action, up to and including termination.
Approved: 07-01-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 12/14/16
Revised: 2-16-22
405 - Employee Suspension
405 - Employee SuspensionEmployees shall perform their assigned job, respect board policy, and obey the law. The superintendent is authorized to suspend an employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It shall be within the discretion of the superintendent to suspend an employee with or without pay.
In the event of a suspension, appropriate due process shall be followed.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 1-16-17
Revised: 2-16-22
406 - Licensed Employee Professional Growth
406 - Licensed Employee Professional Growth dawn.gibson.cm… Wed, 07/06/2022 - 09:40406.1 - Employee Publication or Creation of Materials
406.1 - Employee Publication or Creation of MaterialsMaterials created by employees and the financial gain therefrom shall be the property of the school district if school district materials and time were used in their creation and/or such materials were created in the scope of the employees’ employment. The employee must seek prior written approval of the superintendent concerning such activities.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 1-16-17
Revised: 2-16-22
406.2 - Licensed Employee Tutoring
406.2 - Licensed Employee TutoringEvery effort will be made by the licensed employees to help students with learning problems before recommending parents engage a tutor. Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring 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.
Tutoring may not take place during regular school hours and school district facilities, equipment, materials or supplies will not be used by any employee or private citizen for private tutoring, lessons, coaching or other educational services or for an employee’s private business or activities without prior approval of the superintendent.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 1-16-17
Revised: 2-16-22
406.3- Licensed Employee Evaluation
406.3- Licensed Employee EvaluationCode No. 406.3
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 will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
Licensed employees will be required to:
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Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
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Demonstrate competency in content knowledge appropriate to the teaching position.
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Demonstrate competency in planning and preparation for instruction.
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Use strategies to deliver instruction that meets the multiple learning needs of students.
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Use a variety of methods to monitor student learning.
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Demonstrate competence in classroom management.
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Engage in professional growth.
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Fulfill professional responsibilities established by the school district.
It is the responsibility of the superintendent to ensure licensed employees are evaluated.
Approved 10-18-2023 Reviewed Revised
406.4 Licensed Employee Professional Development
406.4 Licensed Employee Professional Development406.4
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 by the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.
The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.
Approved : 11-15-23 Reviewed: Revised:
407 - Employee Family and Medical Leave
407 - Employee Family and Medical LeaveUnpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as a twelve (12) month period measured backward from the date an employee uses any family and medical leave. Requests for family and medical leave will be made to the superintendent.
Paid leave available to the employee will run concurrently with the family and medical leave, as outlined in the family and medical leave administrative rules.
Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.
Employees shall be required to complete all necessary family and medical leave act documentation in order for any leave to be approved as family and medical leave. The required documentation shall be as outlined in this policy and as required by the Department of Labor. All documentation and forms shall be made available in the administrative offices of each building.
The requirements stated in the master contract between employees in that certified collective bargaining unit and the board regarding family and medical leave of such employees and the requirements stated in any other contract, collective or individual between any employees and the board and/or district regarding family and medical leave of such employees will be followed. This policy provision, as well as all policy provisions, concerning family and medical leave may be applied differently to classified, non-classified, licensed, non-licensed, and other classifications of employees.
Approved: 07-01-92
Reviewed: 1-16-17
Revised: 01-17-12, 9-20-17, 2-16-22
408 - Other Licensed Employees
408 - Other Licensed Employees dawn.gibson.cm… Wed, 07/06/2022 - 09:42408.1 - Substitute Teachers
408.1 - Substitute TeachersSubstitute teachers, if their services are needed, shall be notified by the superintendent, building principal or designee.
Building level administrators will maintain an approved list of substitute teachers. Individuals on the list shall meet all the requirements set by law. Individuals whose names do not appear on the list will not be employed as a substitute without specific approval of the superintendent.
Substitute teachers will be paid at a rate established by the board. If a substitute teacher teaches in the same assignment on ten consecutive school days, the substitute shall be paid at the rate of 150% of the substitute teacher rate starting on the 11th consecutive school day for that substitute assignment. In no case will an individual teacher personally compensate a substitute teacher.
All substitute teachers are required to complete a federal and state W-4 and Employment Eligibility Verification Form I-9 with an attached copy of two forms of identification stated on the Verification Form. Substitute teachers must also submit a copy of their license and a current physical examination form. Substitute teachers will be required to complete the online training sessions to include: Bloodborne Pathogens, Right to Know, and Mandatory Reporter-Child and Dependent Adult Abuse and present a certificate of completion.
Approved: 7-1-92
Reviewed: 12-12-94, 11-11-97, 10-11-99,10-14-02, 11-14-05, 12-15-08, 03-12-12
Revised: 3-13-17, 7-16-18
408.2 - Shared Licensed Employees
408.2 - Shared Licensed EmployeesThe board may make arrangements for sharing employees with neighboring school districts in order to expand the opportunities available in the education program and the operation of the school district. It shall be within the discretion of the board to determine when and with which school district sharing agreements will be made.
It shall be the responsibility of the superintendent to bring to the board's attention opportunities for sharing employees with neighboring school districts.
Approved: 07-01-92
Reviewed: 1-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 3-13-17
Revised: 2-16-22
408.3 - Summer School Licensed Employees
408.3 - Summer School Licensed EmployeesIt is within the discretion of the board to offer an education program during the summer recess. Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year unless such arrangements are made prior to determining the employee's compensation for the year.
Should the board determine a summer education program is necessary, licensed employees will be given the opportunity to volunteer for the positions available. If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position. The board will consider applications from volunteers of current licensed employees in conjunction with other applications.
It is the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 3-13-17
Revised: 12-14-15, 9-20-17, 2-16-22
408.4 - Student Teachers - Internships
408.4 - Student Teachers - InternshipsThe board will cooperate with post-secondary educational institutions to assist in the practical preparation of teachers and other licensed employee positions. Student teachers and other student internships may be assigned duties in the school district.
Licensed employees shall not be required to utilize student teachers or student interns. Experienced teachers and teachers in good standing shall be allowed to have student teachers or student interns.
It shall be the responsibility of the superintendent to make arrangements with the post-secondary educational institutions for student teachers and student internships. Such arrangements shall safeguard the interest of the student teachers and student interns, the post-secondary educational institution, and the school district.
It shall be the responsibility of the post-secondary educational institution to provide sufficient supervision over the work of these student teachers to make their presence profitable.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 3-13-17
Revised: 2-16-22
409 - Classified Employee Dismissal
409 - Classified Employee DismissalThe board believes classified employees should perform their jobs, respect board policy, and obey the law. A classified employee may be dismissed upon thirty day notice or immediately for cause. Appropriate due process procedures shall be followed.
It is the responsibility of the superintendent to make a recommendation for dismissal to the board. A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations or a violation of the law.
Approved: 7-1-92
Reviewed: 11-14-94, 11-11-97, 10-11-99, 10-14-02, 11-14-05, 12-15-08, 03-12-12, 3-13-17
Revised: 2-16-22