400 Personnel Policies Goals and Guiding Principles

400 Personnel Policies Goals and Guiding Principles

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

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

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

 

Approved  July 11, 2005    

Reviewed  December 9, 2019   

Revised

 

401 Employees and Internal Relations

401.1 Equal Employment Opportunity

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

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

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

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

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Chariton Community School District, 140 East Albia Road PO Box 738, Chariton, Iowa, 50049; or by telephoning 515-774-5967.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 211 E. Maple, Des Moines, Iowa, 50309, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

Legal Reference:

29 U.S.C. 621-634 (1988). 42 U.S.C. 2000e et seq. ( 1988). 42 U.S.C. 12101 et seq. (Supp. 1990) Iowa Code 19B; 20; 35C; 73; 216; 279.8 (2005). 281 I.A.C. 12.4; 95.

Cross Reference:

102      Equal Educational Opportunity

405.3  Harassment

405.2  Licensed Employee Qualifications, Selection, Recruitment

411.2  Classified Employee Qualifications, Selection, Recruitment

Approved  August 13, 2007    

Reviewed  December 9, 2019  

Revised July 9, 2007

 

401.10 Credit Cards

The District may secure and maintain credit cards for actual and necessary business expenses incurred by Board of Directors, administrators, and other employees in the performance of their duties.

Board members, administrators and other employees using a District credit card must submit detailed documentation in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item.  Failure to provide proper receipts shall make the expense a personal expense.  Personal expense shall be reimbursed to the District no later than ten (10) working days following use of the District’s credit card.  In exceptional circumstances, the superintendent or designee and Board may allow a claim without proper receipt.  However written documentation explaining the exceptional circumstances shall be maintained as part of the 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 business.

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

Legal Reference: Iowa Constitution, Article III, 31. Iowa Code  279.8, .29, .30 (2005).

218 I.A.C. 12.3 (1).

Cross Reference: 216.3   Board of Directors Compensation and Expenses

401.7   Employee Travel Compensation

 

Approved  August 13, 2007    

Reviewed  December 9, 2019    

Revised July 9, 2007

 

401.13 Staff Technology Use

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge. 

General Provisions

The superintendent is responsible for designating a Technology Coordinator who will oversee the use of school district computer resources. The Technology Coordinator will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.

Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:  

 passwords, system administration, separation of duties, remote access, data back-up (including archiving of e-mail), record retention, and disaster recovery plans.

Social Networking or Other External Web Sites

For purposes of this policy any web site, other than the school district web site or school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from exposing it on the Internet. Employees should not connect with students via external web sites without consent of the superintendent.  Employees, who would like to start a social media site for school district sanctioned activities, should contact the superintendent. 

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

 

Legal Reference: Iowa Code § 279.8 (2011).

281 I.A.C. 13.35, .26

 

Cross Reference: 104 Anti-Bullying/Harassment

306 Administrator Code of Ethics 

401.11 Employee Orientation

407 Licensed Employee Termination of Employment

413 Classified Employee Termination of Employment

605 Instructional Materials

 

Approved     April 10, 2012    

Reviewed    December 9, 2019           

Revised                   

 

401.13R1 Staff Technology Use Regulations

General

The following rules and regulations govern the use of the school district's computer network system, employee access to the Internet, and management of computerized records:

 Employees will be issued a school district e-mail account. Passwords must be changed periodically. 

 Each individual in whose name an access account is issued is responsible at all times for its proper use.

 Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.

 Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency, and should be saved and the school district will archive the e-mail records according to procedures developed by the Technology Coordinator.

 Employees may access the Internet for education-related and/or work-related activities.

 Employees shall refrain from using computer resources for personal use, including access to social networking sites.

 Use of the school district computers and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district’s computers.

 Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.

 Use of the school district’s computer network is a privilege, not a right.  Inappropriate use may result in the suspension or revocation of that privilege.

 Off-site access to the school district computer network will be determined by the superintendent in conjunction with appropriate personnel. 

 All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.

 Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district computer use guidelines may be denied access to the school district's network.

Prohibited Activity and Uses

The following is a list of prohibited activity for all employees concerning use of the school district's computer network. Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.

 Using the network for commercial activity, including advertising, or personal gain.

 Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network.

 Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit materiaL 

 Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.

 Use of another’s account or password.

 Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.

 Forging or attempting to forge e-mail messages.

 Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.

 Using the network to send anonymous messages or files.

 Revealing the personal address, telephone number or other personal information of oneself or another person.

 Intentionally disrupting network traffic or crashing the network and connected systems.

 Installing personal software or using personal disks on the school district’s computers and/or network without the permission of the technology coordinator.

 Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

Other Technology Issues

Employees with personal cell phones should not be using the phones for school district business. Employees should contact students and their parents through the school district computer or phone unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and the principal is included in the text address list.

 

 

Reviewed December 9, 2019

401.2 Employee Conflict of Interest

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

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

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

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

1. The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.

2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours 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 in (1) or (2) above, the employee must cease the employment or activity.  If the activity or employment falls under (3), then the employee must

• Cease the outside employment or activity; or

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

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

Legal Reference: Iowa Code 20.7; 68B; 279.8; 301.28 (2005).

Cross Reference: 203     Board of Directors’ Conflict of Interest

405.3   Gifts to Employees

405.5   Employee Outside Employment

Approved  July 11, 2005    

Reviewed  December 9, 2019 

Revised November 9, 2009

 

401.3 Nepotism

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

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

Legal Reference: Iowa Code 20; 71; 277.27; 279.8 (2005).

Cross Reference: 405.2   Licensed Employee Qualifications, Recruitment, Selection

411.2   Classified Employee Qualifications, Recruitment, Selection

Approved  July 11, 2005    

Reviewed  December 9, 2019 

Revised

 

401.4 Employee Complaints

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

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

Legal Reference: Iowa Code 20.7, .9; 279.8 (2005).

Cross Reference: 307   Communications Channels

Approved  July 11, 2005    

Reviewed  December 9, 2019

Revised November 9, 2009

 

401.5 Employee Records

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

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

Employees may have access to their personnel files, with the exception of letters of reference. They may 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. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

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

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

Legal Reference: Iowa Code chs. 20; 21; 22; 91B (2005).

Cross Reference: 402.1   Release of Credit Information

403      Employees’ Health and Well-Being

708      Care, Maintenance of District Records

Approved  December 9, 2019

Reviewed  June 8,2015      

Revised November 9, 2009

 

401.5R1 Employee Records Regulations

Employee Personnel Records Content

1. Employee personnel records may contain the following information:

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

• Individual employment contract.

• Evaluations.

• Application, resume and references.

• Salary information.

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

• Educational transcripts.

• Assignment.

• Records of disciplinary matters.

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

• Medical professional signed physical form.

• Sick or long-term disability leave days.

• Worker's compensation claims.

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

• Employee's medical history.

• Employee emergency names and numbers.

• Family and medical leave request forms.

Applicant File Records Content

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

• Application for employment.

• Resume.

• References.

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

• Affirmative action form, if submitted.

Record Access

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

Employee Record Retention

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

Approved  July 11, 2005    

Reviewed  December 9, 2019   

Revised November 9, 2009

 

401.6 Transporting of Students by Employees

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

Employees who transport students for school purposes must have the permission of the superintendent.

This policy statement applies to transportation of students for school purposes.

Legal Reference: Iowa Code chs. 285; 321 (2005).

Cross Reference:      

401.7   Employee Travel Compensatio

711      Transportation

904.1   Transporting of Students in Private Vehicles

Approved  July 11, 2005    

Reviewed  December 9, 2019    

Revised November 9, 2009

 

401.7 Employee Travel Compensation

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

Travel Outside the School District

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

Expense will be reimbursed at the Iowa statutory reimbursement rate per mile if the employee received pre-approval for the travel in a non school vehicle.   Receipts indicating the date, purpose and nature of the expense for each claim item must be provided.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.  Personal expenses, including mileage, in excess of that required for the trip shall be reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

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

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 the Iowa statutory reimbursement rate cents per mile.  It shall be the responsibility of the superintendent to approve travel within the school district by employees.  It shall be the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

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

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

Legal Reference: Iowa Constitution, Article III, 31. Iowa Code 70A9-.11 (2005). 1980 Op. Att’y. Gen. 512.

Cross Reference: 216.3    Board of Directors Compensation and Expenses

401.6    Transporting of Students by Employees

401.10  Credit Cards

904.1    Transporting Students in Private Vehicles

Approved  July 11, 2005    

Reviewed  December 9, 2019    

Revised November 9, 2009

 

401.8 Recognition for Service of Employees

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

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

Legal Reference: Iowa Constitution, Article III, 31. Iowa Code  279.8 (2005).  1980 Op. Att’y Gen. 102.

Cross Reference: 407   Licensed Employee Termination of Employment

413   Classified Employee Termination of Employment

Approved  July 11, 2005    

Reviewed  December 9, 2019     

Revised

 

401.9 Employee Political Activity

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

Violation of this policy may be grounds for disciplinary action.

Legal Reference: Iowa Code 55; 279.8 (2005).

Cross Reference: 409.5   Employee Political Leave

Approved  July 11, 2005    

Reviewed  December 9, 2019 

Revised November 9, 2009

 

402 Employee and Outside Relationships

402.1 Release of Credit Information

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, total gross 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 only with a written authorization from the employee.

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

Legal Reference:      Iowa Code 22.7; 279.8 (2005).

Cross Reference:      401.5  Employee Records

Approved  July 11, 2005     

Reviewed  December 9, 2019  

Revised November 9, 2009

402.2 Child Abuse Reporting

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities.  Employees are encouraged, and licensed employees are required as mandatory reporters, to report alleged incidents of child abuse they become aware of within the scope of their professional duties.  The definition of child abuse is in the accompanying regulation.

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

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

Legal Reference: Iowa Code 232.67-.77; 232A; 235A; 280.17. 441 I.A.C. 9.2; 155; 175.   1982 Op. Att’y. Gen. 390, 417.  1980 Op. Att’y. Gen. 275.

Cross Reference: 402.3   Abuse of Students by School District Employees

502.9   Interviews of Students by Outside Agencies

507      Student Health and Well-Being

Approved  July 11, 2005    

Reviewed  December 9, 2019  

Revised

 

402.2R1 Child Abuse Reporting Regulation

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

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

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

"Child abuse" is defined as:

• Any nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.

• The commission of a sexual offense with or to a child . . . as a result of the acts or omissions of the person responsible for the child. . . .  Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.

• The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.

• The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

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

Reporting Procedures

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

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

• name, age, and home address of the child;

• name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;

• the child's present whereabouts if not the same as the parent's or other person's home address;

• description of injuries, including evidence of previous injuries;

• name, age, and condition of other children in the same home;

• any other information considered helpful; and,

• name and address of the person making the report.

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

Approved  July 11, 2005    

Reviewed  December 9, 2019      

Revised

 

402.3 Abuse of Students by School District Employee

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

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

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

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

Legal Reference:    Iowa Code 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12 (1)         (2005).  281 I.A.C. 102; 103.  441 I.A.C.  155; 175.  1980 Op. Att’y. Gen.

         275.

Cross Reference:    402.2    Child Abuse Reporting

         408.4    Harassment

         406.7    Corporal Punishment

Approved  July 11, 2005     

Reviewed  December 9, 2019   

Revised November 9, 2009

 

402.3R1 Abuse of Students by School District Employees Regulation

An individual who has knowledge an employee has physically, emotionally, 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 of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee.  If the report is not investigable due to lack of jurisdiction, the investigator shall dismiss the complaint and inform the reporter of other options available.  Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

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

•   temporarily remove the student from contact with the employee;

•   temporarily remove the employee from service; or,

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

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

Physical/Emotional 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:

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

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

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

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

5. A general review of the investigation.

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

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

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

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

8. The disposition or current status of the investigation.

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

• Contacting law enforcement officials.

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

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

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

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee.  The Level I investigator does not make the determination of whether the use of physical or verbal 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:

• To quell a disturbance or prevent an act that threatens physical harm to any person.

• To obtain possession of a weapon or other dangerous object within a pupil's control.

• For the purposes of self-defense of defense of others as provided for in Iowa Code §  704.3.

• For the protection of property as provided for in Iowa Code  §704.4, .5.

• To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises.

• To prevent a student from the self-infliction of harm.

• 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:

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

• The size and physical condition of the student.

• The instrumentality used in making the physical contact.

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

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

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

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

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

Sexual Abuse

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

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

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

3.  The conduct has the purpose or effect of substantially interfering with a student's academic performance by creating an intimidating, hostile or offensive education environment.

When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report.  The employee named in the report shall not receive a copy of the report until the employee is initially interviewed.  The designated investigator shall not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred.

The investigator shall notify the parent, guardian or legal custodian of a student in prekindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent's place.  The Level I investigator shall interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse.  The Level I investigator may record the interview electronically.

The Level I investigator shall exercise discretion in the investigative process to preserve the privacy interests of the individuals involved.  To the maximum extent possible, the investigator shall maintain the confidentiality of the report.

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student.  If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator shall defer the Level I investigation and immediately notify law enforcement officials, the student's parents and the person filing the report.

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

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

• The written investigative report shall include:

• 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 school 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.)

• 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 school employee is certificated.

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

If the allegations are founded, the Level I investigation shall refer the case to the Level II investigator.  The Level II investigator shall review the Level I investigator's final investigative report and conduct further investigation if necessary.  The Level II investigative report shall state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation.  Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent.  The Level I investigator shall notify the person filing the report of the current status of the case.

If the Level II investigator's report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator shall file a complaint on behalf of the district after obtaining the superintendent's signature with the State Board of Educational Examiners.  The Level I investigator shall also arrange for counseling services for the student if the student or student's parents request counseling services.

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

It shall be the responsibility of the board to annually identify a Level I and Level II investigator.  The board shall also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made.  

The names and telephone numbers of the Level I investigator and the alternate Level I investigator shall be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.

Approved  July 11, 2005     

Reviewed  December 9, 2019     

Revised November 9, 2009

 

402.4 Gifts to Employees

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

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

• Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

• Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

• Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

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

• Contributions to a candidate or a candidate's committee;

• Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

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

• An inheritance;

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

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

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

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

• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;

• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;

• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

• Funeral flowers or memorials to a church or nonprofit organization;

• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or

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

• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

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

• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or

• A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

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

Legal Reference: Iowa Code 68B (2005).  1972 Op. Att’y. Gen. 276.  1970 Op. Att’y   Gen. 319.

Cross Reference: 217      Gifts to Board of Directors

401.2   Employee Conflict of Interest

704.4  Gifts-Grants-Bequests

Approved  July 11, 2005    

Reviewed December 9, 2019

Revised

 

402.5 Public Complaints about Employees

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

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

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

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

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

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

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

Legal Reference: Iowa Code 279.8 (2005).

Cross Reference: 210.8   Board Meeting Agenda

213      Public Participation in Board Meetings

Approved  July 11, 2005     

Reviewed  December 9, 2019     

Revised November 9, 2009

 

402.6 Employee Outside Employment

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

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

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

Legal Reference: Iowa Code  20.7; 279.8 (2005).

Cross Reference: 401.2  Employee Conflict of Interest

408.3  Licensed Employee Tutoring

Approved  July 11, 2005     

Reviewed  December 9, 2019                     

Revised  November 9, 2009

 

403 Employee Health and Well-Being

403.1 Employee Physical Examination

Good health is important to job performance.  Employees shall present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.  

School bus drivers shall present evidence of good health every two years in the form of a physical examination report unless otherwise indicated by the physician.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt shall submit to additional examinations, when requested to do so, at the expense of the school district.

The disrict will pay up to $80 for the initial examination for all employees.  Bus drivers cost will be paid in full.  The school district shall provide the standard examination form to be completed by the personal physician of the employee and then returned to the school district before the first day of employment.  Employees identified as having reasonably anticipated contact with blood or infectious materials shall receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

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

Legal Reference: 29 C.F.R. Pt. 1910.1030 (1993). Iowa Code 20.9; 279.8 (2005).  281   I.A.C. 12.4 (14); 43.

Cross Reference: 403  Employees’ Health and Well-Being

Approved  July 11, 2005     

Reviewed  January 13, 2020      

Revised January 13, 2020

 

403.2 Employee Injury on the Job

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

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

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

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

Legal Reference: Iowa Code 85; 613.17 (2005).  1972 Op. Att’y. Gen. 177. 

Cross Reference: 403    Employees’ Health and Well-Being

409.2  Employee Personal Illness Leave

Approved  July 11, 2005     

Reviewed  January 13, 2020    

Revised January 13, 2020

 

403.3 Communicable Diseases - Employees

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

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

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

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

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

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

Legal Reference: School Board of Nassau County v. Arline, 480 U.S. 273 (1987).  29 U.S.C. 794, 1910 (1988). 42 U.S.C. 12101 et seq. (Supp. 1990).  

45 C.F.R. Pt. 84.3 (1993).  Iowa Code 139; 141 (2005).  641 I.A.C. 1.2-.7.

Cross Reference: 401.5   Employee Records

403.1   Employee Physical Examinations

507.3   Communicable Diseases - Students

Approved  July 11, 2005     

Reviewed  January 13, 2020   

Revised  November 9, 2009

 

403.3E1 Hepatitis B Vaccine Information and Record

The Disease

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

The Vaccine

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

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

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

Dosage and Administration

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

Possible Vaccine Side Effects

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

CONSENT OF HEPATITIS B VACCINATION

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

Signature of Employee Date

(consent for Hepatitis B vaccination)

Signature of Witness Date

REFUSAL OF HEPATITIS B VACCINATION

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

Signature of Employee Date

(refusal for Hepatitis B vaccination)                                                                      

Signature of Witness Date

I refuse because I believe I have (check one)

started the series    

completed the series

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                (individual or organization holding Hepatitis B records and address) to release to the Chariton

Community School District, my Hepatitis B vaccination records for required employee records.

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

Signature of Employee Date                                                                            

Signature of Witness Date

HEPATITIS B VACCINE INFORMATION AND RECORD

CONFIDENTIAL RECORD                                                                         

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

Job Title:                                                                      

Hepatitis B Vaccination Date Lot Number Site Administered by

1                                                                     

2                                                                     

3                                                                     

Additional Hepatitis B status information:

Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)

Identification and documentation of source individual:

Source blood testing consent:

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

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

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

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

Approved  July 11, 2005     

Reviewed  January 13, 2020

Revised

 

 

403.3R1 Universal Precautions Regulation

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

Hand Washing

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

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

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

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

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

Barriers

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

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean up

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

• Wear gloves.

• Clean up the spill with paper towels or other absorbent material.

• Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.

• Dispose of gloves, soiled towels and other waste in a plastic bag.

• Clean and disinfect reusable supplies and equipment.

Laundry

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

Exposure

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

• Always wash the exposed area immediately with soap and water.

• If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.

• If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

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

Approved  July 11, 2005     

Reviewed  January 13, 2020      

Revised

 

403.4 Hazardous Chemical Disclosure

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

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

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

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

Legal Reference: 29 C.F.R. Pt.  1910; 1200 et seq. (1993). Iowa Code 88; 89B (2005).   347 I.A.C. 120.

Cross Reference: 403  Employees’ Health and Well-Being

804  Safety Program

Approved  July 11, 2005     

Reviewed  January 13, 2020      

Revised

 

403.5 Harassment

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

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

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

  •  submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

  •  submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

  •  such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

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

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

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

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

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

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

Legal Reference: Meritor Savings Bank v. Vinson 477 U.S. 57 (1986).  Hall v. Gus Const. Co.  F .2d 1010 (8th Cir. 1988).  Lynch v. City of Des Moines

454 N.W. 2d 827 (Iowa 1990).  42 U.S.C. 2000e et seq. (1988).  29 C.F.R. Pt. 1604.11 (1993).  Iowa Code 216 (2005).

Cross Reference: 102    Equal Educational Opportunity

401.1  Equal Employment Opportunity

401.4  Employee Complaints

402.3  Abuse of Students by School District Employees

404     Employee Conduct and Appearance

502.10  Student-to-Student Harassment

503     Student Discipline

Approved  July 11, 2005    

Reviewed  January 13, 2020     

Revised

 

403.5R1 Harassment Investigation Procedures

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

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

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

  •  submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

  •  submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

  •  such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

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

COMPLAINT PROCEDURE

An employee or student who believes that they have been harassed shall notify the designated investigator or alternate.  The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  

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

INVESTIGATION PROCEDURE

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

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

RESOLUTION OF THE COMPLAINT

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

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

POINTS TO REMEMBER IN THE INVESTIGATION

  •  Evidence uncovered in the investigation is confidential.

  •  Complaints must be taken seriously and investigated. 

  •  No retaliation will be taken against individuals involved in the investigation process.

  •  Retaliators will be disciplined up to and including discharge.

CONFLICTS

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

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

Approved  July 11, 2005     

Reviewed  January 13, 2020      

Revised

 

403.6 Substance-Free Workplace

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

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

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  If it is determined the employee must undergo a substance abuse treatment program and the employee fails to successfully complete the program, the employee may be subject to discipline up to and including termination.

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

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

Legal Reference: 41 U.S.C. 701-707 (1988).  42 U.S.C. 12101  Et seq.  (Supp. 1990).   34 C.F.R. Pt. 85 (1993) Iowa Code 124; 279.8 (2005).

Cross Reference: 404 Employee Conduct and Appearance

Approved  July 11, 2005     

Reviewed  January 13, 2020                      

Revised November 9, 2009

 

403.6E1 Substance-Free Workplace Notice to Employees

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

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

The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee shall be subject to discipline up to and including termination.

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

Approved July 11, 2005

Reviewed January 13, 2020

Revised 

403.6E2 Substance-Free Workplace Acknowledgement 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.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

 

                                                                             

(Signature of Employee) (Date)

 

 

Approved  July 11, 2005     

Reviewed January 13, 2020 

Revised

 

403.6R1 Substance-Free Workplace Regulation

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

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

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

3. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

Approved  July 11, 2005     

Reviewed  January 13, 2020

Revised

 

404 Employee Conduct and Appearance

Employees are role models for the students during and after school hours.  The Board recognizes the effect employees can have on students in this capacity.  To this end, the Board strongly suggests and encourages employees to 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.  Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

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

Legal Reference: Iowa Code  279.8 (2005).  282 I.A.C. 13.

Cross Reference: 305      Administrator Code of Ethics

403.5   Harassment

403.6   Substance-Free Workplace

407      Licensed Employee Termination of Employment

413      Classified Employee Termination of

Employment

Approved  July 11, 2005     

Reviewed  January 13, 2020     

Revised November 9, 2009

 

404.1R1 Employee Conduct Regulation

I. Commitment to the student.

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

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

• Shall not deliberately suppress or distort subject matter for which the educator bears responsibility.

• Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

• Shall conduct professional business in such a way that the educator does not knowingly expose the student to embarrassment or disparagement.

• Shall not on the ground of race, color, creed, age, sex, physical or mental handicap, marital status, or national origin exclude any student from participation in or deny the student benefits under any program nor grant any discriminatory consideration or advantage.

• Shall not use professional relationships with students for private advantage.

• Shall keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

• Shall not tutor for remuneration students assigned to the educator's classes, unless no other qualified teacher is reasonably available.

II. Commitment to the public.

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

Shall not misrepresent an institution or organization with which the educator is affiliated and shall take adequate precautions to distinguish between personal and institutional or organizational views.

• Shall not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions.

• Shall not interfere with a colleague's exercise of political and citizenship rights and responsibilities.

• Shall not sue institutional privileges for monetary private gain or to promote political candidates or partisan political activities.

• Shall accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment, not offer any favor, service, or thing of value to obtain special advantage.

III. Commitment to the profession.

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

• Shall not discriminate on the ground of race, sex, age, physical handicap, marital status, color, creed or national origin for membership in the profession, nor interfere with the participation or nonparticipation of colleagues in the affairs of their professional association.

• Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.

• Shall not use coercive means or promise special treatment in order to influence professional decisions of colleagues.

• Shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes.

• Shall not refuse to participate in a professional inquiry when requested by the board.

• Shall provide upon the request of the aggrieved party a written statement of specific reason for recommendations that lead to the denial of increments, significant change in employment or termination of employment.

• Shall not misrepresent professional qualifications.

• Shall not knowingly distort evaluations of colleagues.

IV. Commitment to professional employment practices.

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

• Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.

• Should recognize salary schedules and the salary clause of an individual teacher's contract as a binding document on both parties.  The educator should not in any way violate the terms of the contract.

• Shall not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.

• Shall give prompt notice to the employing agency of any change in availability of service, and the employing agent shall give prompt notice of change in availability or nature of a position.

• Shall adhere to the terms of a contract or appointment unless these terms have been legally terminated, falsely represented, or substantially altered by unilateral action of the employing agency.

• Shall not delegate assigned tasks to unqualified personnel.

• Shall use time or funds granted for the purpose for which they were intended.

Approved  July 11, 2005     

Reviewed  January 13, 2020

Revised November 9, 2009

 

405 Employees - General

405.1 Licensed Employee Defined

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

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

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

Legal Reference: Clay v. Cedar Falls School District, 187 Iowa 89, 174 N.W. 47 (1919).   Iowa Code  256.7 272.6; 272A; 279.8; 294.1 (2005).  282 I.A.C. 14.   281 I.A.C. 12.4; 41.25.  1940 Op. Att’y. Gen. 375.

Cross Reference: 405.2   Employee Qualifications, Recruitment, Selection

410.1   Substitute Teachers

411.1   Classified Employee Defined

Approved  July 11, 2005     

Reviewed  February 10, 2020

Revised November 9, 2009

 

405.2 Licensed Employee Qualifications, Recruitment, Selection

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

• Training, experience, and skill;

• Nature of the occupation;

• Demonstrated competence; and

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

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

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

The requirements stated in the Master Contract between employees and the Board shall be followed.

Legal Reference: 29 U.S.C. 621-634 (1988).  42 U.S.C. 2000e Et seq. (1988).  42 U.S.C. 12101 et seq. (Supp.1990).  Iowa Code 20; 35C; 216; 294.1 (2005)

281 I.A.C.  12.  281 I.A.C. 14.  1980 Op. Att’y. Gen. 367.

Cross Reference: 401.1   Equal Educational Opportunity

405      Licensed Employees – General

410.1   Substitute Teachers

Approved  July 11, 2005     

Reviewed  February 10, 2020      

Revised  November 9, 2009

 

405.3 Employee Individual Contracts

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

Each contract will be for a period of one year, beginning on July 1 and ending on June 30.

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

Legal Reference: Harris v. Manning Community School District 245 Iowa 1295, 66 N.W. 2d 438 (1954).  Shackelford v. Beaver Township, Polk County

203 Iowa 243, 212 N.W. 467 (1927).  Burkhead v. Independence Community School District, 107 Iowa 29, 77 N.W. 491 (1898).  Iowa Code 20; 279 (2005).

Cross Reference: 405.2   Licensed Employee Qualifications, Recruitment, Selection

405.4   Licensed Employee Continuing Contracts

407      Licensed Employee Termination of Employment

Approved  July 11, 2005     

Reviewed  June 8, 2015      

Revised

 

405.4 Licensed Employee Continuing Contracts

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

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

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

 

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

291 N.W. 2d 351 (Iowa 1980), Hartman v. Merged Area Community College VI. 270 N.W. 2d 822 (Iowa 1978). Keith v. Wilton Community School District 262 N.W. 2d 249 (Iowa 1978). Iowa Code 20; 272; 279.12-.19B; .27; 294.1.

Cross Reference: 405.3   Licensed Employee Individual Contracts

405.9   Licensed Employee Probationary Status

407      Licensed Employee Termination of Employment

Approved  July 11, 2005     

Reviewed  February 10, 2020    

Revised July 10, 2017

 

405.5 Licensed Employee Work Day

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

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

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

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

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

Legal Reference: Iowa Code  20; 279.8 (2005).

Cross Reference: 200.2 Powers of the Board of Directors

Approved  July 11, 2005     

Reviewed  February 10, 2020

Revised

 

405.6 Licensed Employee Assignment

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

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

Legal Reference: Iowa Code 20.9; 279.8 (2005).

Cross Reference: 200.2  Powers of the Board of Directors

Approved  July 11, 2005     

Reviewed  February 10, 2020

Revised

 

405.7 Employee Transfers

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

In making transfers the board shall consider the qualifications of each employee and the needs of the school district.

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

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

Legal Reference: Iowa Code  20.9; 216.14; 279.8 (2005).

Cross Reference: 405.2   Licensed Employee Qualifications, Recruitment, Selection

405.6   Employee Assignment

Approved  July 11, 2005     

Reviewed  February 10, 2020   

Revised  November 9, 2009

 

405.8 Licensed Employee Evaluation

Evaluation of licensed employees shall be an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, shall be to improve the education program.

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

Licensed employees will be required to:

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

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

• Demonstrate competency in planning and preparation for instruction.

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

• Use a variety of methods to monitor student learning.

• Demonstrate competence in classroom management.

• Engage in professional growth.

• Fulfill professional responsibilities established by the school district.

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

The requirements stated in the Master Contract shall be followed.

Legal Reference: Aplington CSD v. PERB, 392 N.W. 2d 495 (Iowa 1986). Saydel Ed. Assoc. v. PERB, 333 N.W. 2d 486 (Iowa 1983).  Iowa Code  20.9; 279.14; .19; .27 (2005).  281 I.A.C. 12.3 (4)

Approved  July 11, 2005     

Reviewed  February 10, 2020

Revised  November 9, 2009

 

405.9 Licensed Employee Probationary Status

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

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

 

Legal Reference: Iowa Code 279.12-.19B (2005).

Cross Reference: 405.4    Licensed Employee Continuing Contracts

405.8    Licensed Employee Evaluation

Approved  July 11, 2005     

Reviewed  February 10, 2020      

Revised July 10, 2017

 

406 Employee Compensation and Benefits

406.1 Employee Salary Schedule

The board shall establish salary schedules for employees' positions keeping in mind the financial condition of the school district, the education and experience of the employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule.  The salary schedule shall be subject to review and modification through the collective bargaining process.

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

Legal Reference: Iowa Code  20.1, .4, .7, .9; 279.8 (2005).

Cross Reference: 405     Licensed Employees - General

406.2  Licensed Employee Salary Schedule Advancement

Approved  July 11, 2005     

Reviewed  February 10, 2020      

Revised

 

406.2 Employee Salary Schedule Advancement

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

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

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

Legal Reference: Iowa Code  20.1, .4, .7, .9; 279.8 (2005).

Cross Reference: 405  Licensed Employees - General

406  Licensed Employee Compensation and Benefits

Approved  July 11, 2005     

Reviewed  February 10, 2020

Revised

 

406.3 Licensed Employee Continued Education Credit

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule.  Licensed employees who have completed additional hours will be considered for advancement on the salary schedule.  The board shall determine which licensed employees will advance on the salary schedule for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.

Licensed employees who wish to obtain additional education for advancement on the salary schedule must notify their supervisor by  May 30 of the school year preceding the actual year when advancement occurs.  This additional education must be in the same area as the education that was required of the employee to hold the employee's current position with the school district.  For purposes of illustration only, a math teacher would advance on the salary schedule only if the additional education was in math courses.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

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

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

Legal Reference: Iowa Code  20.1, .4, .7, .9; 279.8 (2005).

Cross Reference: 405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits

Approved  July 11, 2005     

Reviewed  February 10, 2020      

Revised

 

406.4 Licensed Employee Compensation for Extra Duty

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

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

It shall be the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees shall have the extra duty, and the salary schedule for extra duty, for the board's review.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the compensation for extra duties of such employees shall be followed.

Legal Reference: Iowa Code  20.1, .4, .7, .9; 279.8; .13-.15; .19A-B (2005).

Cross Reference: 405   Licensed Employees - General

406   Licensed Employee Compensation and Benefits

Approved  July 11, 2005     

Reviewed  February 10, 20205      

Revised

 

406.5 Employee Group Insurance Benefits

Employees shall be eligible for group insurance and health benefits.  The board shall select the group insurance program and the insurance company which will provide the program.

This policy statement does not guarantee a certain level of benefits.  The board shall have the authority and right to change or eliminate group insurance programs for its employees.

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

Legal Reference: Iowa Code  20.9; 85; 85B; 279.12. .27; 509; 509A; 509B (2005).

Cross Reference: 405.1  Licensed Employee Defined

Approved  July 11, 2005     

Reviewed  February 10, 2020

Revised

 

406.6 Employee Tax Shelter Programs

The board authorizes the administration to make a payroll deduction for employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

Employees wishing to have payroll deductions for tax sheltered annuities shall make a written request to the superintendent.

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

Legal Reference: Iowa Code 20.9; 260C; 273; 294.16 (2005). 1988 Op. Att’y. Gen. 38.   1976 Op. Att’y. Gen. 462, 602.  1966 Op. Att’y. Gen. 211, 220.

Cross Reference: 706  Payroll Procedures

Approved  July 11, 2005     

Reviewed  February 10, 2020      

Revised  January 12, 2009

 

407 Employee Termination of Employment

407.1 Employee Resignation

An employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the employee is continuing to be employed by the school district.

Legal Reference: Iowa Code  91A.2, .3, .5; 279.13, .19A (2005).

Cross Reference: 405.3    Licensed Employee Individual Contracts

405.4    Licensed Employee Continuing Contracts

407       Licensed Employee Termination of Employment

Approved  July 11, 2005     

Reviewed  February 10, 2020    

Revised

 

407.2 Employee Contract Release

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

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board up to $2000 for expenses incurred to locate and hire a suitable replacement.  Payment of these costs shall be a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

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

Legal Reference: Iowa Code 216; 272; 279.13, .19A, .46 (2005) 1978 Op. Att’y. Gen. 247.  1974 Op. Att’y. Gen. 11, 322.

Cross Reference: 405.3    Licensed Employee Individual Contracts

405.4    Licensed Employee Continuing Contracts

407.3    Licensed Employee Retirement

Approved  July 11, 2005    

Reviewed  August 9, 2021      

Revised  August 9, 2021

 

407.3 Employee Retirement

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

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

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

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

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

Legal Reference: Iowa Code 97B; 216; 279.46 91995).  581 I.A.C. 21.  1978 Op. Att’y. Gen. 247.  1974 Op. Att’y. Gen. 11, 322.

Cross Reference: 401.8    Recognition for Service of Employees

Approved  July 11, 2005

Reviewed  February 10, 2020     

Revised

 

407.4 Employee Suspension

Employees shall perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend an employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes.  It 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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding employee suspension shall be followed.

Approved  July 11, 2005     

Reviewed  February 10, 2020    

Revised

 

407.5 Licensed Employee Reduction In Force

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

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

It shall be the responsibility of the superintendent to make a recommendation for termination to the board.  

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

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

Approved  July 11, 2005     

Reviewed  February 10, 2020  

Revised November 9, 2009

 

408 Licensed Employee Professional Growth

408.1 Licensed Employee Professional Development

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

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

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

The requirements stated in the Master Contract regarding professional development shall be followed.

Legal Reference: Iowa Code § 279.8 (2005). 281 I.A.C. 12.7.

Cross Reference: 405.10 Licensed Employee Organization Affiliation

414.10 Classified Employee Professional Purposes Leave

Approved  July 11, 2005     

Reviewed  March 9, 2020  

Revised  November 9, 2009

 

408.2 Employee Publication Or Creation Of Materials

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

Legal Reference: Iowa Code § 279.8 (2005).

Cross Reference: 401.3 Employee Conflict of Interest

606.6 Student Production of Materials and Services

Approved  July 11, 2005     

Reviewed  March 9, 2020    

Revised

 

408.3 Licensed Employee Tutoring

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

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

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

Legal Reference: Iowa Code §§ 20.7; 279.8 (2005).

Cross Reference: 401.3 Employee Conflict of Interest

402.7 Employee Outside Employment

Approved  July 11, 2005     

Reviewed  March 9, 2020    

Revised

 

408.4 District Landline and Cellular Telephone Usage

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

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

Certain employees are required to perform work outside of their offices or assigned work spaces, outside of the Chariton Community School District, or outside of the district’s regular business hours.  It is important to the mission of the district to provide for the communication with these employees when they are not in their offices.  

The district’s policy concerning cellular telephones is as follows:

Billing for cellular telephone service includes a charge for all calls that are transmitted or received, including unsolicited and misdirected calls, local, and long distance calls.  Itemized bills are prepared listing all calls made or received, including roaming charges, by each cellular telephone.

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

If the number of minutes charged to a cellular telephone exceeds the monthly time allotted for the service plan, the employee must reimburse the district for personal calls that exceed the monthly time allotted.  Cellular telephone users must send a check to the business office made payable to the Chariton Community School District for the monthly fee and any additional personal charges (roaming and excess time).  Payment is due upon receipt of the cellular telephone statement.

If a cellular telephone assigned to an employee is lost, damaged or is malfunctioning, the business office must be notified immediately.  Employees who fail to notify the business office immediately of a lost telephone will be responsible for all unauthorized calls made from their assigned cellular telephone.  Employees are responsible for replacement and all associated costs of a lost or damaged phone.

The superintendent or his/her designee is authorized to review the use of district-issued cellular telephones by employees and to revoke the privilege of using a district-issued cellular telephone if it is determined that the cellular telephone is being used contrary to district policy

Approved  November 9, 2009    

Reviewed March 9, 2020

Revised 

 

409 Employee Vacations and Leaves of Absence

409.1 Employee Vacation - Holidays - Personal Leave

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

Vacation for full-time regular employees who work 260 days a year, unless the employee's individual contract indicates otherwise, shall be 10 days, after one full year of employment with the district.

The vacation may be taken during the school year provided the vacation will not disrupt the operation of the school district.  The employee must submit a vacation request to the superintendent, who shall determine whether the request will disrupt the operation of the school district.  In the case of the superintendent's request, the board shall make the determination.

Full-time regular employees who work 180 days a year will be allowed a maximum of 2 days of personal leave to accomplish personal business that cannot be conducted outside the work day.  It shall be within the discretion of the superintendent to grant personal leave.  Application for personal leave must be made at least 3 school days prior to the requested leave date.

Regular full-time employees who work 260 days a year will be allowed holidays as specified in the Master Bargaining Agreement.

Employees who work during the school academic year, whether full-time or part-time, shall have time off in concert with the school calendar.  In addition, such employees may have 2 personal leave days to accomplish personal business that cannot be conducted outside the work day.  It shall be within the discretion of the superintendent to grant personal leave.

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

Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2005).

Cross Reference: 414.1 Classified Employee Vacations - Holidays - Personal Leave

601.1 School Calendar

Approved  July 11, 2005     

Reviewed  March 9, 2020 

Revised November 9, 2009

 

409.2 Employee Personal Illness Leave

Employees shall be granted fifteen days of sick leave in their first year of employment.  Each year thereafter, additional fifteen days of sick leave will be granted to the employee.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee shall report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.  Sick leave may be accumulated up to a maximum of 120 days for employees.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It shall be within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee shall comply with the board policy regarding family and medical leave.

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

Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942). 26 U.S.C. §§ 2601 et seq. (Supp. 1994) 29 C.F.R. Pt. 825 (1996).

Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2005). 1980 Op. Att'y Gen. 605. 1972 Op. Att'y Gen. 177, 353. 1952 Op. Att'y Gen. 91.

Cross Reference: 403.2 Employee Injury on the Job

409.3 Licensed Employee Family and Medical Leave

409.9 Licensed Employee Unpaid Leave

Approved  July 11, 2005     

Reviewed  March 9, 2020

Revised November 9, 2009

 

409.3 Employee Family And Medical Leave

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as beginning on July 1 and ending on June 30.  Requests for family and medical leave shall be made to the superintendent.  

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.  

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 shall be followed.

Legal Reference: Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942). 26 U.S.C. §§ 2601 et seq. (Supp. 1994) 29 C.F.R. Pt. 825 (1996).

Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2005). 1980 Op. Att'y Gen. 605. 1972 Op. Att'y Gen. 177, 353. 1952 Op. Att'y Gen. 91.

Cross Reference: 409.2 Licensed Employee Personal Illness Leave

409.9 Licensed Employee Unpaid Leave

414.3 Classified Employee Family and Medical Leave

Approved  July 11, 2005     

Reviewed  March 9, 2020    

Revised

 

409.5 Employee Political Leave

The board will provide an unpaid leave of absence to employees to run for elective public office.  The superintendent shall grant an employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

Legal Reference: Iowa Code ch. 55 (2005).

Cross Reference: 401.15  Employee Political Activity

409  Licensed Employee Vacations and Leaves of Absence

Approved  July 11, 2005     

Reviewed  March 9, 2020

Revised November 9, 2009

 

 

409.6 Employee Jury Duty Leave

The board will allow employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor  within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.  

Employees will receive their regular salary.  Any payment for jury duty shall be paid to the school district.

Legal Reference: Iowa Code §§ 20.9; 607A (2005).

Cross Reference: 409 Employee Vacations and Leaves of Absence

Approved  July 11, 2005     

Reviewed March 9, 2020    

Revised

 

409.7 Employee Military Service Leave

The board recognizes employees may be called to participate in the armed forces, including the National Guard.  If an employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980). Iowa Code §§ 20; 29A.28 (2005).

Cross Reference: 409 Employee Vacations and Leaves of Absence

Approved  July 11, 2005     

Reviewed March 9, 2020   

Revised

 

409.8 Employee Unpaid Leave

Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board.  Unpaid leave for employees must be authorized by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, employees shall make a written request for unpaid leave three days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

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

Legal Reference: Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2005).

Cross Reference: 409 Employee Vacations and Leaves of Absence

Approved  July 11, 2005     

Reviewed  March 9, 2020

Revised

 

410 Other Licensed Employees

410.1 Substitute Teachers

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

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees.  Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent.  It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitue teachers will be paid at a daily rate of $120.00 per day.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

Legal Reference:         Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987). Iowa Code §§ 20.1, .4(5), .9 (2005). 281 I.A.C. 12.4.

 

Cross Reference:         405.1   Licensed   405.2   Licensed Employee Qualifications, Recruitment, Selection

Approved:  July 11, 2015

Reviewed: March 9, 2020

Revised: March 9, 2020

410.2 Summer School Licensed Employees

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

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

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

 

Legal Reference: Iowa Code §§ 279.8; 280.14 (2005).

 

Cross Reference: 603.2 Summer School Instruction

 

Approved   July 11, 2005       

Reviewed  March 9, 2020     

Revised

 

410.3 Education Aide

The board may employ education aides or other instructional support personnel to assist licensed personnel in non-teaching duties.

Education aides who hold a teaching certificate shall be compensated at the rate of pay established for their position as an education aide.  It shall be the responsibility of the principal to supervise education aides.

Legal Reference: Iowa Code §§ 279.8; 280.3, .14 (2005). 281 I.A.C. 12.4(9); .5(9).

Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection

Approved  July 11, 2005     

Reviewed  March 9, 2020   

Revised November 9, 2009

 

411 Classified Employees - General

411.1 Classified Employee Defined

Classified employees are those who are not administrators or in positions which require an Iowa Board of Educational Examiner’s teaching license and who are employed to fulfill the duties listed on their job description on a yearly, monthly, or hourly basis.  Classified employees shall include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help.  The positions may be full-time or part-time.

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

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

Legal Reference: Iowa Code §§ 20; 279.8 (2005).

Cross Reference: 405.1 Licensed Employee Defined

411.2 Classified Employee Qualifications, Recruitment, Selection

412.3 Classified Employee Group Insurance Benefits

Approved  July 11, 2005     

Reviewed  March 9, 2020    

Revised November 9, 2009

 

411.2 Classified Employee - Qualifications, Recruitment, Selection

Persons interested in a classified employee position shall have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, sex, national origin, sexual orientation, gender identity, religion or disability.  Job applicants for classified employee positions shall be considered on the basis of the following:

Training, experience, and skill;

Nature of the occupation;

Demonstrated competence; and 

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

Announcement of the position shall be through means the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications shall be returned to the central administration office.  Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who directly supervises and oversees the position.

The superintendent shall recommend employment of classified employees to the board for approval.

Legal Reference: 29 U.S.C. §§ 621-634 (1994). 42 U.S.C. §§ 2000e et seq. (1994)

42 U.S.C. §§ 12101 et seq. (1994). Iowa Code §§ 35C; 216; 279.8; 294.1 (2005).

Cross Reference: 401.2 Equal Employment Opportunity

411 Classified Employees - General

Approved  July 11, 2005     

Reviewed  March 9, 2020      

Revised  September 17, 2008

 

411.3 Classified Employee Licensing/Certification

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

Legal Reference: Iowa Code §§ 272.6; 285.5(9) (2005). 281 I.A.C. 12.4(10); 36; 43.12 .24.

Cross Reference: 411.2    Classified Employee Qualifications, Recruitment, Selection

Approved  July 11, 2005     

Reviewed  March 9, 2020   

Revised

 

411.4 Classified Employee Evaluation

Evaluation of classified employees on their skills, abilities, and competence shall be an ongoing process in accordance with the classified staff Master Contract and shall be supervised by the superintendent.  

It shall be the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees shall be formally evaluated in accordance with the classified staff Master Contract provisions.

Legal Reference: Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986). Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983). Iowa Code §§ 20.9; 279.14 (2005). 281 I.A.C. 12.3(4).

Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection

411.8 Classified Employee Probationary Status

Approved  July 11, 2005     

Reviewed  March 9, 2020     

Revised November 9, 2009

 

411.5 Classified Employee Probation Status

The first 90 days of a newly employed classified employee's contract shall be a probationary period.  "Day" shall be defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, shall be subject to this probationary period in accordance with the classified staff Master Contract provisions.

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

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

Legal Reference: Iowa Code §§ 20; 279.8 (2005).

Cross Reference: 411.3 Classified Employee Contracts

411.7 Classified Employee Evaluation

Approved  July 11, 2005     

Reviewed  March 9, 2020   

Revised November 9, 2009

 

411.7 Classified Employee Evaluation

Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent.  The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board’s standards of performance, to clarify each classified employee’s role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  

Legal Reference: Aplinton Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

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

Iowa Code §§ 20.9; 279.14 (2007)

281 I.A.C. Ch 83; 12.3(4)

Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection

Approved  December 8, 2008               

Reviewed  March 9, 2020       

Revised

 

 

412 Classified Employee Compensation And Benefits

412.1 Classified Employee Wage And Overtime Compensation

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half times their regular hourly wage rate.  This compensation shall be in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

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

Legal Reference: Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985). 29 U.S.C. §§ 206 et seq. (1994). 29 C.F.R. Pt. 511-800 (1996).

Cross Reference: 411.3 Classified Employee Contracts

412.1 Classified Employee Compensation

Approved  July 11, 2005     

Reviewed  March 9, 2020      

Revised

 

414 Classified Employee Vacations and Leaves of Absence

414.1 Classified Employee Vacations And Holidays

The board shall determine the amount of vacation and holidays that will be allowed on an annual basis for classified employees unless specified in the classified staff Master Contract.

Classified employees will be paid only for the hours they would have been scheduled for the day. Vacation shall not be accrued from year to year without a prior arrangement with the superintendent.

The requirements stated in the Master Contract between employees and the board regarding vacations and holidays of such employees shall be followed.

Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2005).

Cross Reference: 409.1 Licensed Employee Vacations - Holidays - Personal Leave

601.1 School Calendar

Approved  July 11, 2005     

Reviewed  March 9, 2020    

Revised November 9, 2009

 

414.2 Classified Employee Professional Purposes Leave

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent three days prior to the meeting or conference.

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

Legal Reference: Iowa Code § 279.8 (2005). 281 I.A.C. 12.7.

Cross Reference: 411 Classified Employees - General

408.1 Classified Employee Professional Development

Approved  July 11, 2005     

Reviewed March 9, 2020      

Revised