400 Employees

...

401.1 Equal Employment Opportunity

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

The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years. Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, age, color, national origin, gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, religion, or creed. In keeping with the law, the board will consider the veteran status of applicants.

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Diagonal Community School District, 403 West 2nd St, Diagonal, Iowa 50854 ; or by telephoning 641-734-5331. 

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 Regional office of Civil Rights, U.S. Department of Education, Citigroup Center, 500 W. Madison St., Suite 1475, Chicago, IL 60661-4544, (312) 730-1560, or the Iowa Civil Rights Commission, 211 E. Maple, Des Moines, Iowa, 50309, (515) 281-4121. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

 

 

Legal Reference: 29 U.S.C. §§ 621 et seq.; 42 U.S.C. §§ 2000e et seq.. 42 U.S.C. §§ 12101 et seq.. Iowa Code Chs. 19B; 20; 35C; 73; 216; 235A; 235B; §§ 279.8; 692.2; 692.2A. 281 I.A.C. r. 12.4; 14.1; Ch. 95.

 

Cross Reference:

102 Equal Educational Opportunity

403.5 Harassment

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection

 

 

Approved   9-21-11     Reviewed 2-21-19, 11-21-19, 5-18-22        Revised 11-21-19, 5-18-22

 

01568325-1\20131-005

401.2 Employee Conflict of Interest

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

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

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

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

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

(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district. 

(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties. 

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

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

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

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.  Employees may also be subject to disciplinary action for engaging in any activity that is or creates a conflict of interest. 

 

 

Legal Reference:        7 C.F.R. 3016.36(3).
                                   Iowa Code §§ 20.7; 68B; 279.8; 301.28.
 
 
Cross Reference:       203      Board of Directors' Conflict of Interest
                                   402.4    Gifts to Employees
                                   402.6    Employee Outside Employment
                                   404      Employee Conduct and Appearance

 

Approved 10-17-10                   Reviewed  2-21-19, 5-18-22                    Revised     2-21-19, 5-18-22

401.3 Nepotism

More than one family member may be an employee of the school district. It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district. The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

 

Legal Reference:  Iowa Code Chs. 20; 71; §§ 277.27; 279.8.

Cross Reference:

405.2  Licensed Employee Qualifications, Recruitment Selection

411.2  Classified Employee Qualifications, Recruitment Selection

 

Approved 6/20/05        Reviewed 8/18/10  2-21-19, 5/18/22          Revised   5/16/05

401.4 Employee Complaints

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint.  Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor. 

If the matter cannot be resolved within 7 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 7 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 7 days after speaking with the principal. 

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

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

 

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

 

NOTE:  There should be reasonable limits on the number of days an employee has to pursue a complaint.  Cross reference with the number of days listed in policy 502.4 for consistency. 

 

Legal Reference:       Iowa Code §§ 20; 279.8 

Cross Reference:       210.8    Board Meeting Agenda

 

Approved 6/20/05                      Reviewed 8/18/20  2-21-19, 1/19/22, 5/18/22            Revised   2-21-19, 1/1/2022, 5/18/22 

401.6 Limitations to Employment Refernces

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

 

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

  • the matter has been officially closed by the law enforcement agency;
  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or
  • more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

 

 

Legal References:    

20 U.S.C. §7926

281 I.A.C. 12.3(14)

Cross References:   

401.5 Employee Records

402.2 Child Abuse Reporting

402.3 Abuse of Students by School District Employees

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection

 

 

Approved: 10/22/2020                           Reviewed: 10/22/2020, 5/18/22                           Revised: 10/22/2020

 

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 will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs. 
 
Travel Outside the School District 
Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is approved by the superintendent. 
Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.
Failure to have a detailed receipt will make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense. 
Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the preapproved expenses. Pre-approved expenses for registration are limited to the actual cost of the registration. 
Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile. If a school district vehicle is not available, the employee will be reimbursed .33 cents per mile. 
 
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 will be reimbursed .33 cents per mile.   It is the responsibility of the superintendent to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process. 
Employees who are allowed an in-school district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code. 
The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles. The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district. 
 
 
Legal Reference:
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11. 
 
Cross Reference: 
216.3 Board of Directors' Member Compensation and Expenses 
401.10 Credit Cards 
904.1 Transporting Students in Private Vehicles 
 
Approved 6/20/05        Reviewed 8/18/10  2-21-19, 5/18/22        Revised   2-20-019

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 will seek prior approval from the board.

 

 

Legal Reference: 

Iowa Const. Art. III, § 31.

Iowa Code § 279.8. 

Cross Reference:

407 Licensed Employee Termination of Employment

413 Classified Employee Termination of Employment

 

Approved 6/20/05       Reviewed  8/18/10  2-21-19, 5/18/22       Revised   5/16/05

401.9 Employee Political Activity

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

Violation of this policy may be grounds for disciplinary action.

 

 

Legal Reference: Iowa Code Ch. 55; § 279.8.

Cross Reference:

409.5 Licensed Employee Political Leave

 

Approved 6/20/05       Reviewed 8/18/10  2-21-19, 5/18/22       Revised   5/16/05

401.10 Credit Cards

Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.
 
Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt will make the employee responsible for expenses incurred. Those expenses must be reimbursed to the school district no later than ten working days following use of the school district's credit card. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.
 
The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.
 
It is the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It is the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
 
The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations will include the appropriate forms to be filed for obtaining a credit card.
 
NOTE:  This is a mandatory policy. School districts that have credit cards must have a board policy.  School districts that have only a gasoline credit card should amend this policy to reflect their practice.
 
Legal Reference:
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30.
281 I.A.C. 12.3(1).
 
Cross Reference:
216.3 Board of Directors' Member Compensation and Expenses
401.7 Employee Travel Compensation
 
Approved 6/20/05        Reviewed 8/18/10  2-21-19, 5/18/22        Revised   2-21-19

401.14 Employee Expression

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

 

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

 

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

 

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

 

 

Note:  This is a mandatory policy required by Iowa Code ch. 279.73.

 

Legal Reference:         U.S. Const. Amend. I

                                    Iowa Code §§ 279.73; 280.22

 

 

Cross Reference:        502.3    Student Expression

                                    504.3    Student Publications

 

Approved 9-15-2021                                               Reviewed 9-15-2021                                                     Revised 9-15-2021                      

401.5 Employee Records

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
 
The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
 
Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  Employees, however, will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.
 
It is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary is the custodian of employee records.
 
It is the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Board members may have access to personal files only when it is necessary in an employee related matter.
 
NOTE:  This is not a mandatory policy but is a recommended one.  It reflects current state and federal laws protecting the confidentiality and retention of employee records.  Separate medical files is a requirement of the American with Disabilities Act.  For more detailed discussion of this issue, see IASB's Policy Primer, February 15, 2000.

 

Legal Reference:

Iowa Code chs. 20; 21; 22; 91B. 

Cross Reference:

402.1 Release of Credit Information

403 Employees' Health and Well-Being

708 Care, Maintenance and Disposal of School District Records

 

Approved  6/20/05                     Reviewed 8/18/10  2-21-19 5/18/22        Revised 2-21-19, 5/18/22

401.5R1 Employee Records Regulation

Employee Personnel Records Content

1. Employee personnel records may contain the following information:
• Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
• Individual employment contract.
• Evaluations.
• Application, resume and references.
• Salary information.
• Copy of the employee's license or certificate, if needed for the position.
• Educational transcripts.
• Assignment.
• Records of disciplinary matters.
 
2. Employee health and medical records are kept in a file separate from the employee's personnel records. Health and medical records may contain, but are not limited to:
• Medical professional signed physical form.
• Sick or long-term disability leave days.
• Worker's compensation claims.
• Reasonable accommodation made by the school district to accommodate the employee's disability.
• Employee's medical history.
• Employee emergency names and numbers.
• Family and medical leave request forms.
 
Applicant File Records Content
 
Records on applicants for positions with the school district are maintained in the central administration office. The records will include, but not be limited to:
• Application for employment.
• Resume.
• References.
• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
• Affirmative action form, if submitted.
 
Record Access
 
Only authorized school officials will have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
 
Employee Record Retention
All employee records, except payroll and salary records, are maintained for a minimum of seven years after termination of employment with the district. Applicant records are maintained for minimum of seven years after the position was filled. Payroll and salary records are maintained for a minimum of three years after payment.
 
Approved 6/20/05         Reviewed 5/16/05  8/18/10 . 2/21/2019           Revised   5/16/05

402.1 Release of Credit Information

Only the following information will be released to an entity with which an employee has applied for credit or has obtained credit: title of position, income, and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.
It is the responsibility of the board secretary or superintendent to respond to inquiries from creditors.
 
NOTE: This policy lists the information the school district will release to a credit agency without prior notice to the employee. The items listed are all public records and can be disclosed without prior notice. Prior to releasing other information, a school district must get consent from the employee. It is recommended that this consent be written.
 
Legal Reference:
Iowa Code §§ 22.7; 279.8 
 
Cross Reference:
401.5 Employee Records
 
Approved 6/20/05       Reviewed 5/16/05   8/18/10, 5/18/22     Revised   5/16/05

402.2 Child Abuse Reporting

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

 

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

 

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous three years.  After July 1, 2019, employees who have previously taken mandatory reporter training will be required to take the two-hour training course before the expiration of their current training certificate.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the post-July 1, 2019 two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

 

NOTE:  All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years.  Once this certificate expires, subsequent training certificates will be valid for three years. 

 

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

 

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

 

Legal Reference:

Iowa Code §§ 232.67-.77; 280.17; Chs. 232A; 235A

441 I.A.C. 9.2; 155; 175.

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 10-20-03    Reviewed 6-19-12  2-21-19  5/18/22.    Revised  5/18/22

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 duties.
The law further specifies that a licensed employee who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that the licensed employee may be subject to civil liability for damages caused by the failure to report.
 
Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report are immune from liability.  
 
Child Abuse Defined
"Child abuse" is defined under Iowa Code section 232.68 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 will 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 that deals with prostitution.
 
• Any mental injury to a child’s intellectual or psychological capacities evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional
 
• An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.
 
• The person responsible for the care of a child, in the presence of a child, unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance as defined under Iowa law, or knowingly allows such use, possession, manufacture, cultivation or distribution by another person in the presence of a child, intends to use such a product as a precursor or intermediary to a dangerous substance in the presence of a child, or unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substances in a child’s home, on the premises, or in a motor vehicle located on the premises.
 
• The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.
 
• A person who is responsible for the care of a child knowingly allowing another person custody of, control over, or unsupervised access to a child under the age of fourteen or a child with a physical or mental disability, after knowing the other person is required to register or is on the sex offender registry.
 
• The person responsible for the care of the child has knowingly allowed the child access to obscene material as defined under Iowa law or has knowingly disseminated or exhibited such material to the child. 
 
• The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of commercial sexual activity as defined under Iowa law.  
 
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.  DHS is responsible for investigating the incident of alleged abuse.

402.3 Abuse of Students by School District Employees

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated. The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district. Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.
 
The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.
 
The school district has appointed a Level I investigator and alternate Level I investigator. The school district has also arranged for a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district. The names of the investigators are listed in the student handbook, published annually in the local newspaper and posted in all school facilities.
 
The superintendent is responsible for drafting administrative regulations to implement this policy.
 
Legal Reference:
Iowa Code §§ 232.67, .70, .73, .75, 235A; 272A; 280.17; 709; 728.12(1). 
281 I.A.C. 12(6),102; 103.
441 I.A.C. 155; 175. 
 
Cross Reference:
104 Bullying/Harassment
402.2 Child Abuse Reporting
503.5 Corporal Punishment
 
Approved 10-20-03       Reviewed 6-18-07 6-19-2012        Revised
 
• 402.3E1 Abuse of Students by School District Employees
• 402.3E2 Abuse of Students by School District Employee
• 402.3R1 Abuse of Students by School District Employees

402.3E1 Abuse of Students by School District Employees

Form Attached

402.3E2 Abuse of Students by School District Emloyee

Form attached.

402.3R1 Abuse of Students by School District Employees

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the 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 is 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 will 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 will 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 will pass the report to the investigator and will keep the report confidential to the maximum extent possible.  In performing the investigation, the investigator will 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 will 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 will have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.
 
Physical Abuse Allegations
 
When physical abuse is reported, the Level I investigator will 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 will not receive a copy of the report until the employee is initially interviewed.
 
The Level I investigator will use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation will 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 will complete an informal investigation.  The informal investigation will 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 will complete a written investigative report, unless the investigation was temporarily deferred.
 
The written investigative report will 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 will 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, is notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.
 
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee.  The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply.  That is the responsibility of the Level II investigator.  Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator will notify law enforcement authorities.  If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator will refer the case on to the Level II investigator.
 
The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation.  The Level II investigative report will state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation.  In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:
 
Physical abuse is non-accidental physical injury to the student as a result of the action of an employee.  Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence.  The following do not constitute physical abuse, and no employee is prohibited from:
 
a. Using reasonable and necessary force, not designed or intended to cause pain:
(1) To quell a disturbance or prevent an act that threatens physical harm to any person.
(2) To obtain possession of a weapon or other dangerous object within a pupil's control.
(3) For the purposes of self-defense of defense of others as provided for in Iowa Code § 704.3.
(4) For the protection of property as provided for in Iowa Code §§ 704.4, .5.
(5) To remove a disruptive pupil from class, or any area of school premises or from school
sponsored activities off school premises.
(6) To prevent a student from the self-infliction of harm.
(7) To protect the safety of others.
 
b. Using incidental, minor, or reasonable physical contact to maintain order and control.  
 
In determining the reasonableness of the contact or force used, the following factors are considered:
 
a. The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee.
b. The size and physical condition of the student.
c. The instrumentality used in making the physical contact.
d. The motivation of the school employee in initiating the physical contact.
e. The extent of injury to the student resulting from the physical contact.
 
"Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
 
Upon completion of the Level II investigation, the Level I investigator will 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 will 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 will file a complaint with the State Board of Educational Examiners.  The Level I investigator will 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 will 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 will not receive a copy of the report until the employee is initially interviewed.  The designated investigator will 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 will 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 will 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 will exercise discretion in the investigative process to preserve the privacy interests of the individuals involved.  To the maximum extent possible, the investigator will 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 will 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 will 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 will complete a written investigative report unless the investigation was temporarily deferred.  The written investigative report will include:
1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3. The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator's opinion, the allegations in the report are either:
• Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
• Founded.  (It is likely that an incident took place.)
8. The disposition or current status of the investigation.
9. A listing of the options available to the parents or guardian of the student to pursue the allegations.  
These options include, but are not limited to:
• Contacting law enforcement officials.
• Contacting private counsel for the purpose of filing a civil suit or complaint.
• Filing a complaint with the board of educational examiners if the school employee is 
certificated.
 
The investigator will 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, is 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 will refer the case to the Level II investigator.  The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation if necessary.  The Level II investigative report will 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 will 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 will 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 will 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 will 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 will notify the Board of Educational Examiners.  Information of unfounded abuse at Level I or Level II will 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 is removed from the employee's permanent file.
 
It is the responsibility of the board to annually identify a Level I and Level II investigator.  The board will 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 is included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings

402.4 Gifts to Employees

Employees will not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.
 
A "restricted donor" is defined as a person or other entity which:
  • Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
  • Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.
A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.
However, "gift" does not include any of the following:
  • Contributions to a candidate or a candidate's committee;
  • Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the employee;
  • Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • Plaques or items of negligible resale value given as recognition for public service;
  • 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 is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.
 
Legal References: 
Iowa Code ch. 68B. 
 
Cross References:
217 Gifts to Board of Directors
401.2 Employee Conflict of Interest
704.4 Gifts-Grants-Bequest
 
Approved 10-20-03      Reviewed 6-19-2012  2-21-19  5.18.22      Revised 2-21-19

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. 
 
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 for licensed employees and the superintendent for classified employees.
(c) Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.
(d) If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 210.8.
 
It is within the discretion of the board to address complaints from the members of the school district community, and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.
 
The Diagonal Community School District expects all concerns to be taken to the person closest to the problem. Give that person a chance to tackle the problem first.
 
Legal Reference: Iowa Code § 279.8.
 
Cross Reference:
210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels
 
Approved 10-20-03        Reviewed 6-19-2012   2-21-19   5.18.22        Revised 2-21-19

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 fulltime employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

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

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

 

Legal Reference: Iowa Code §§ 20.7; 279.8

Cross Reference:

401.2 Employee Conflict of Interest

408.3 Licensed Employee Tutoring

 

Approved 10-20-03       Reviewed 6-19-2012  2-21-19   5/18/22       Revised. 5/18/22

403.1 Employee Physical Examinations

The Diagonal School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. All other employees shall present evidence of good health, in the form of a post-offer, pre-employment physical examination report. 
 
The cost of the initial examination will be paid by the Diagonal School District. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district.  The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 
 
Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.
The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees are followed.
 
Legal Reference:
29 C.F.R. Pt. 1910.1030.
Iowa Code §§ 20.9; 279.8, 321.376.
281 I.A.C. 43.15; 43.17.
Cross Reference:
403 Employees' Health and Well-Being

 

Legal Reference: 29 C.F.R. Pt. 1910.1030. Iowa Code §§ 20.9; 279.8, 321.376. 281 I.A.C. 43.15 -.20.

Cross Reference: 403 Employees' Health and Well-Being

 

Approved 10-20-03      Reviewed 6-19-2012  2-21-19  5/18/22      Revised 3-19-07, 5/18/22

403.2 Employee Injury on the Job

When an employee becomes seriously injured on the job, the building principal will notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.
 
If possible, an employee may administer emergency or minor first aid. An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible. The school district is not responsible for medical treatment of an injured employee.
 
It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence. It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.
 
It is the responsibility of the employee to file claims, such as workers' compensation, through the board secretary.
 
Legal Reference:
Iowa Code §§ 85; 279.40; 613.17.
 
Cross Reference:
403 Employees' Health and Well-Being
409.2 Employee Leaves of Absence
 
Approved 10-20-03    Reviewed 6-19-2012  2-21-19  5-18-22     Revised. 5-18-22

403.3 Communicable Diseases-Employees

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees. The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.
 
Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan. The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan is reviewed annually by the superintendent and school nurse.
 
The health risk to immunodepressed employees is determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease is 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 who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace will report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.
 
Health data of an employee is confidential and it will not be disclosed to third parties. Employee medical records are kept in a file separate from their personal file.
 
It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.
 
NOTE:  This policy is consistent with current health practices regarding communicable diseases.  The bloodborne pathogen language in the second paragraph and accompanying regulation is in compliance with federal law on control of bloodborne pathogens.
 
 
Legal Reference:
29 U.S.C. §§ 794, 1910 et seq.
42 U.S.C. §§ 12101 et seq.
45 C.F.R. Pt. 84.3.
Iowa Code chs. 139A; 141A; 
641 I.A.C. .1, .2, .7.
 
Cross Reference:
401.5 Employee Records
403.1 Employee Physical Examinations
507.3 Communicable Diseases -Students
 
Approved 10-20-03        Reviewed 6-19-2012, 2-21-19, 10-22-20, 9/15/2021, 5/18/22       Revised. 5/18/22

403.3E1 Heppatitis B Vaccine Information and Record

Form attached

413.3R1 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.

403.4 Hazardous Chemical Disclosure

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.
 
Each employee will annually review information about hazardous substances in the workplace. When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation. When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees. The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.
 
Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program. It is the responsibility of the superintendent to develop administrative regulations regarding this program.
 
Legal Reference:
29 C.F.R. Pt. 1910; 1200 et seq.
Iowa Code chs. 88; 89B. 
 
Cross Reference:
403 Employees' Health and Well-Being
804 Safety Program
 
Approved 10-20-03        Reviewed 6-19-2012, 2-21-19, 10-22-20, 9-15-21, 5/18/22       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 nonschool property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.
 
Sexual harassment will 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 will report such matters to the investigator for harassment complaints. However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.
 
Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts. It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate. Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.
 
No one will retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.
 
It is the responsibility of the board members, administrators, licensed and classified employees, students, and others having business or other contact with the school district to act appropriately under this policy. It is the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district's policy prohibiting harassment.
 
This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser. It is the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.
 
Legal Reference: 42 U.S.C. §§ 2000e et seq. 29 C.F.R. Pt. 1604.11. Iowa Code ch. 216. 281 I.A.C. 12.3(6).
 
Cross Reference:
102 Equal Educational Opportunity
401.1 Equal Employment Opportunity
401.4 Employee Complaints
402.3 Abuse of Students by School District Employees
404 Employee Conduct and Appearance
502.10 Student-to-Student Harassment
503 Student Discipline
 
Approved 10-20-03      Reviewed 6-19-2012  2-21-19,   5/18/22    Revised 
• 403.5E1 Harassment Complaint Form
• 403.5E2 Witness Disclosure Form
• 403.5R1 Harassment Investigation Procedures

403.5E1 Harassment Complaint Form

Form attached.

403.5E2 Witness Disclosure Form

Form attached

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 nonschool property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.  
 
Sexual harassment will 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 will notify the Superintendent, the designated investigator.  The alternate investigator is the Secondary Counselor. The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  Information received during the investigation is kept confidential to the extent possible.
 
The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.
 
INVESTIGATION PROCEDURE
The investigator will reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator will 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.
 
RESOLUTION OF THE COMPLAINT
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, if the investigation was not completed by the superintendent.  The superintendent will file a written report closing the case.  The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.
 
POINTS TO REMEMBER IN THE INVESTIGATION
• Evidence uncovered in the investigation is confidential to the extent reasonably possible.
• 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 alleged harasser is the superintendent, the alternate investigator will take the superintendent's place in the investigation process.  The alternate investigator will report the findings to the board.

403.6 Drug and Alcohol Testing Program

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.
The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, at Office of the Superintendent or Bus Barn respectively
Employees who violate the terms of this policy are subject to discipline, up to and, including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.
The superintendent will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
IASB Drug and Alcohol Testing Program (IDATP) Web site:  https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx.
NOTE:  It is important for the school district to read this policy and its supporting documents and the notes very carefully.  This policy and its supporting documents assume the school district employs its drivers and owns the school vehicles rather than contracts with a private service provider with its own drug and alcohol testing program.  School districts contracting with a private service provider must ensure the provider has a drug and alcohol testing program complying with the federal regulations.
Compliance with the regulations is the responsibility of the school district even if the school district uses a service provider.  Boards need to determine who will be responsible for administering the drug and alcohol testing program in the second paragraph and make that determination throughout the policies and regulations.
This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDATP) have chosen to test only under the federal regulations and not to test under state law.
 
This policy and its supporting documents terminate a driver for violation of the policy and its supporting documents.  Such a violation includes a positive drug test result.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to making the following changes:
School districts choosing to pay for OR to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:
First sentence of paragraph two:  The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing.
School districts choosing to pay for the substance abuse evaluation and rehabilitation, if any:
Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.
School districts choosing to make the employee bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:
Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.
This policy and the supporting documents require the school district to designate a school district contact person for the drug and alcohol testing program.  The title of the person(s) designated should be entered in paragraph two.  This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers.  If these responsibilities are divided among different persons, the policy and supporting documents must clearly explain which person handles which part of the drug and alcohol testing program.
Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at:  clearinghouse.fmcsa.dot.gov.
Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641.  For regulations and forms, http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm?
 
Note:  For more detailed discussion of this issue, see IASB's Policy Primer, May 15, 2003.
 
Legal Reference:
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
49 U.S.C. §§ 5331 et seq.
42 U.S.C. §§ 12101.
41 U.S.C. §§ 81.
49 C.F.R. Pt. 40; 382; 39.
34 C.F.R. Pt. 85.
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5.
 
Cross Reference:
403.5 Substance-Free Workplace
409.2 Employee Leaves of Absence
 
Approved 10-20-03     Reviewed 10-16-12  2-21-19  5/18/22      Revised. 5/18/22

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.
 
Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.
 
EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.
 
SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM
I, ____________________ have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program. If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the 
conviction.
 
                                                                                                        
(Signature of Employee)                                                        (Date)

403.6R1 Substance-Free Workplace Regulation

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

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

403.7 Drug an Alcohol Testing Program

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more. For purposes of the drug and alcohol-testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.
The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the school district contact person, superintendent or transportation director, at Office of the Superintendent or Bus Barn respectively.
 
Employees who violate the terms of this policy are subject to discipline up to and including termination.
 
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.
 
The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles. The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
 
 
Legal Reference: 49 U.S.C. §§ 5331 et seq.  42 U.S.C. §§ 12101. 41 U.S.C. Ch. 81.  49 C.F.R. Pt. 40; 382. 34 C.F.R. Pt. 84. Iowa Code §§ 124; 279.8; 321.375(2); 730.5.
 
Cross Reference:
403.6Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
 
Approved 10-20-03       Reviewed 10-16-12   2-21-19   5/18/22      Revised 
• 403.7E1 Drug and Alcohol Testing Program Notice to Employees
• 403.7E2 Drug and Alcohol Testing Program Acknowledgment Form

403.7E1 Drug and Alcohol Testing Program Notice to Employees

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

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the drug and alcohol-testing program, "employees" also includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.  Employees that will operate a school-owned commercial motor vehicle are subject to the drug and alcohol testing program regulations beginning the first day they are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.
 
It is the responsibility of the superintendent and/or Director of Transportation to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district’s contact person.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or regulations will be subject to discipline up to and including termination. 
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and in addition are subject to random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations or the law will be subject to discipline up to and including termination at the discretion of the school district.  As a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by a substance abuse professional Diagonal Community School.
 
Employees are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations or the law will be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional.  Employees are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment  program will be subject to discipline up to and including termination.

403.7E2 Drug and Alcohol Testing Program Acknowledgment Form

Form attached.

404.1 Employee Conduct and Appearance

Employees are role models for the students who come in contact with them during and after school hours. The board recognizes the positive effect employees can have on students in this capacity. To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.
Employees will conduct themselves in a professional manner. Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.
 
Licensed employees of the school district will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.
 
Legal Reference:
Iowa Code § 279.8. 282 I.A.C. 13.
Cross Reference:
307 Administrator Code Of Ethics
401.1 Employee Orientation
403.6 Harassment
403.7 Substance-Free Workplace
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
 
Approved 2-4-04        Reviewed 8-21-12  2-21-19   5/18/22.     Revised

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:
 
a. Will not without just cause restrain the student from independent action in a pursuit of learning and will not without just cause deny the student access to varying points of view.
 
b. Will not deliberately suppress or distort subject matter for which the educator bears responsibility.
 
c. Will make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
 
d. Will conduct professional business in such a way that the educator does not expose the student to unnecessary embarrassment or disparagement.
 
e. Will 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.
 
f. Will not use professional relationships with students for private advantage.
 
g. Will keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
 
h. Will 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:
 
a. Will not misrepresent an institution or organization with which the educator is affiliated and will take adequate precautions to distinguish between personal and institutional or organizational views.
 
b. Will not sue institutional privileges for monetary private gain or to promote political candidates or partisan political activities.
 
c. Will 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:
 
a. Will 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.
 
b. Will accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.
 
c. Will not use coercive means or promise special treatment in order to influence professional decisions of colleagues.
 
d. Will withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes.
 
e. Will not refuse to participate in a professional inquiry when requested by the commission board.
 
f. Will 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.
 
g. Will not misrepresent professional qualifications.
 
h. Will not knowingly distort evaluations of colleagues. Diagonal Community School
 
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:
 
a. Will apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
 
b. 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.
 
c. Will not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
 
d. Will give prompt notice to the employing agency of any change in availability of service, and the employing agent will give prompt notice of change in availability or nature of a position.
 
e. Will 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.
 
f. Will not delegate assigned tasks to unqualified personnel.
 
g. Will use time or funds granted for the purpose for which they were intended.

405.1 Licensed Employee Defined

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses. Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.
It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.
 
Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.
 
Legal Reference:
Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272; 279.8.
281 I.A.C. 12.4.
282 I.A.C. 14.
 
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment Selection
410.1 Substitute Teachers
411.1 Classified Employee Defined
 
Approved 2-4-04        Reviewed 8-21-12  2-21-19   5/18/22        Revised

405.2 Licensed Employee Qualifications, Recruitment, Selection

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district without regard to race, color, national origin, gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, religion, or creed. Job applicants for licensed positions will be considered on the basis of the following:
  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to obtain, state license if required for the position.
All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Announcement of the position is in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.
 
The board will employ licensed employees after receiving a recommendation from the superintendent. However, the superintendent will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.
 
 
Legal Reference:
29 U.S.C. §§ 621-634.
42 U.S.C. §§ 2000, 12101 et seq.
Iowa Code Chs. 20; 35C; 216; § 294.1.
281 I.A.C. 12.
282 I.A.C. 14
 
Cross Reference:
401.1 Equal Employment Opportunity
405 Licensed Employees -General
410.1 Substitute Teachers
 
Approved 11-17-03    Reviewed 2-21-19  2-21-19  5/18/22   Revised 2-21-19,  5/18/22

405.3 Licensed Employee Individual Contracts

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis. Each contract will be for a period of one year.
 
It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, are returned to the superintendent. The superintendent will obtain the employee's signature. After being signed, the contract is filed with the board secretary.
    
NOTE: By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract. Individual teaching contracts cannot exceed one year.
 
Legal Reference:
Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment, Selection
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
 
Approved   11-17-03      Reviewed   8-21-12  2-21-19  5/18/22    Revised. 5/18/22

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 Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
Iowa Code §§ 272; 279.
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.9 Licensed Employee Probationary Status
407 Licensed Employee Termination of Employment
 
Approved   11-17-03      Reviewed 8-21-12  2-21-19  5/18/22     Revised. 5/18/22

405.5 Licensed Employee Work Day

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. "Day" is defined as one work day regardless of full-time or part-time status of an employee.
Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.
 
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.
 
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
 
Legal Reference: Iowa Code Ch. 20; § 279.8.
 
Cross Reference: 200.2 Powers of the Board of Directors
 
Approved   11-17-03      Reviewed 8-21-12  2-21-19   5/18/22.      Revised 2-21-19

405.6 Licensed Employee Assignment

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
 
 
Legal Reference:
Iowa Code §§ 279.8.
 
Cross Reference:
200.2 Powers of the Board of Directors
 
Approved   11-17-03    Reviewed   8-21-12  2-21-19   5/18/22         Revised 2-21-19

405.7 Licensed Employee Transfers

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
 
A transfer may be initiated by the employee, the principal, or the superintendent.
 
It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.
  
NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).
  
Legal Reference:
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment, Selection
405.6 Licensed Employee Assignment
 
Approved 11-17-03    Reviewed  8-21-12  2-21-19  5/18/22     Revised 2-21-19,  5/18/22

405.8 Licensed Employee Evaluation

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

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

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district's student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

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

NOTE: There is no legal requirement that probationary employees be evaluated twice a year, but it is the standard practice. School districts that utilize a different practice need to amend the fourth paragraph to reflect this.

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

  

Legal Reference:

Iowa Code §§ 20.9279284294.

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).

281 I.A.C. 8312.3

Cross Reference:

405.2 Licensed Employee Qualifications, Recruitment, Selection

405.9 Licensed Employee Probationary Status

 

Approved: 5/18/22              Reviewed: 5/18/22                Revised: 5/18/22              

405.9 Licensed Employee Probationary Status

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

Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.

Licensed employees may also serve a probationary period based upon their performance. Such probationary period is determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file. 

 

Legal Reference:

Iowa Code §§ 279

 

Cross Reference: 

405.4 Licensed Employee Continuing Contracts 

405.8 Licensed Employee Evaluation 

 

Approved 11-17-03    Reviewed  8-21-12  2-20-019  5/18/22      Revised 2-19-20

406.1 Licensed Employee Salary Schedule

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

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

 

Legal Reference:

Iowa Code §§ 20.1.4.7.9279.8.

Cross Reference:

405 Licensed Employees -General

406.2 Licensed Employee Salary Schedule Advancement

 

Approved 11-17-03        Reviewed  8-21-12, 2-21-19, 10-22-20, 9-15-21, 5/18/22      Revised 2-21-19, 5/18/22

406.2 Licensed Employee Salary Schedule Advancement

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

It is the responsibility of the superintendent to approve reduction points for the advancement of licensed employees on the salary schedule.

 

 

Legal Reference:

Iowa Code §§ 20.1.4.7.9279.8.

Cross Reference:

405 Licensed Employees -General

406 Licensed Employee Compensation and Benefits

 

Approved 11-17-03      Reviewed  8-21-12  2-21-19  5/18/22      Revised 2-21-19, 5/18/22

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 superintendent will 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 superintendent within 15 days after the beginning of the fall semester. 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 or in courses related to general teaching strategies which could be applied to math. The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.
 
It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.
 
Legal Reference:
Cross Reference:
405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
 
Approved  11-17-03    Reviewed   8-21-12  2-21-19  5/18/22     Revised 2-21-19, 5/18/22

 

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 will 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 will assign the extra duty positions to qualified licensed employees. The licensed employee will receive compensation for the extra duty required to be performed.
 
It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the salary schedule for extra duty, for the board's review.
 
 
Legal Reference:
Iowa Code §§ 279.8, .13-.15, .19A-B.
 
Cross Reference:
405 Licensed Employees -General
406 Licensed Employee Compensation and Benefits
 
Approved 11-17-03      Reviewed   8-21-12, 2-21-19,10-22-20, 9-15-21, 5/18/22    Revised 2-19-20

406.5 Licensed Employee Group Insurance Benefits

Licensed employees may be eligible for group insurance and health benefits. The board will 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 will have the authority and right to change or eliminate group insurance programs for its licensed employees.
 
 
Legal Reference: Iowa Code §§ 20.9; 279.12, .27; 509; 509A; 509B.
 
Cross Reference:  405.1 Licensed Employee Defined
 
Approved 11-17-03      Reviewed 8-21-12  2-21-19  5/18/22     Revised 2-21-19

406.6 Licensed Employee Tax Shelter Programs

The board authorizes the superintendent & business manager to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from any company authorized by Iowa law.

Licensed employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

Legal Reference:

Iowa Code §§ 260C273294.16.

 

Cross Reference:

706 Payroll Procedures

 

Approved 11-17-03      Reviewed 8-21-12  2-19-20  5/18/22       Revised 2-19-20, 5/18/22

406.6E1 Letter to Collective Bargaining Repesentative

Dear Collective Bargaining Representative:

Option I

On (date) I will be recommending the implementation of the attached policy to the board.  The policy will become effective immediately upon the final approval of the board and will apply to all school district employees.  Should you have any questions or concerns regarding the attached policy, please contact me by (date).

OR

Option II

Pursuant to Iowa Code 20.9, I am notifying you, as the (local association president/UniServ director), of our intent to adopt the attached policy.  If you elect to bargain over the subject matter addressed in the attached policy on behalf of the (name of the association/union), please contact me by (date).

Sincerely,

 

Superintendent/Negotiator

Diagonal Community School District 

cc: School Attorney/Negotiator

407.1 Licensed Employee Resignation

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board (21 days from date issued) for return of the contract. This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty. Resignations of this nature will be accepted by the board.

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

Legal Reference:

Iowa Code §§ 91A.2, .3, .5; 279.13, .19A

Cross Reference:

405.3 Licensed Employee Individual Contracts

405.4 Licensed Employee Continuing Contracts

407 Licensed Employee Termination of Employment

 

Approved 11-17-03     Reviewed 8-21-12  02-21-19  5/18/22   Revised. 5/18/22

407.2 Licensed Employee Contract Release

Licensed employees who wish to be released from an executed contract must give at least twenty-one (21) days notice to the superintendent. Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract. The board will have sole discretion to determine what constitutes unusual and extreme circumstances.
 
Release from a contract will be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs is 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:
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement
 
Approved 12-19-03        Reviewed  8-21-12  2-21-19  5/18/22       Revised 8-21-12, 5/18/22

407.3 Licensed Employee Retirement

Licensed employees who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at a specific age.
Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It is within the discretion of the board to determine whether special circumstances exist.
 
Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.
 
Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
 
Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.
 
Legal Reference:
Iowa Code §§ 97B; 216; 279.46.
281 I.A.C. 21.
Cross Reference:
 
Approved 12-19-03         Reviewed   8-21-12  2-21-19,  5-18-22         Revised. 5/18/22

407.4 Licensed Employee Suspension

Licensed employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It is within the discretion of the superintendent to suspend a licensed employee with or without pay.
In the event of a suspension, appropriate due process will be followed.
 
Legal Reference: Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27.
 
Cross Reference:
404 Employee Conduct and Appearance
407 Licensed Employee Termination of Employment
 
Approved 12-19-03    Reviewed 8-21-12  2-21-19   5-18-22   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 is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent shall consider the following criteria in making the recommendations:
 
*Reduction points as established by the Master Contract
•     Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
•     Relative skills, ability and demonstrated performance;
•     Qualifications for co-curricular programs; and
•     Shall be within the following categories as established by the Master Contract
 
Elementary K-5
Secondary 6-12
Special Education
Music
Physical Education
Art
Guidance
Library
Title I
Success Coordinator
Due process for terminations due to a reduction in force will 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 will be followed.

 

Legal Reference: 
Iowa Code §§ 20; 279.
Cross Reference:
407.4 Licensed Employee Suspension
413.5Classified Employee Reduction in Force
703 Budget

 

Approved 12-19-03           Reviewed  8-21-12  2-21-19   5-18-22           Revised 8-21-12, 5-18-22

408.1 Licensed Employee Professional Development

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

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

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

 

Legal Reference:
Iowa Code § 279.8.
281 I.A.C. 12.7; 83.6
 
Cross Reference:

 

Approved  12-19-03                 Reviewed 8-21-12  2-21-19  5/18/22       Revised  2-19-20, 5/18/22

408.2 Licensed Employee Publication or Creation of Materials

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

 
Iowa Code § 279.8.
 
Cross Reference:
401.2 Employee Conflict of Interest
606.4 Student Production of Materials and Services

 

 

Approved 12-19-03      Reviewed  8-21-12  2-21-19  5-18-22.           Revised. 5-18-22

408.3 Licensed Employee Tutoring

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

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

 

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

 

Legal Reference:
Iowa Code §§ 20.7; 279.8.
 
Cross Reference:
402.6 Employee Outside Employment

 

Approved 12-19-03     Reviewed 8-21-12  2-21-19 5-18-22.    Revised

409.1 Employee Vacation - Holidays

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

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

 

 

Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9
 
Cross Reference:  601.1 School Calendar

 

Approved 12-19-03                   Reviewed 8-21-12, 2-21-19, 8/12/20,5/18/22                    Revised 2-21-19, 8/12/20

409.2 Employee Leave of Absence

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

  • Personal Illness (Sick) Leave – Leave for employee’s medically-related disability or illness
  • Emergency Leave - Leave to care for a sick member of the employee’s immediate family, to mourn the loss of a family member or close friend, or for an employee who legally adopts a child.
  • Personal Business Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury Duty Leave – Leave to be excused for jury duty
  • Military Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office

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

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Emergency Leave_- Leave to care for a sick member of the employee’s immediate family, to mourn the loss of a family member or close friend, or for an employee who legally adopts a child.
  • Personal Business Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury Duty Leave – Leave to be excused for jury duty
  • Military Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office

The provisions of each leave offering will be detailed in the Employee Handbook and in the Master Contract for licensed employees.

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

 

 

Legal Reference:        

  • 29 U.S.C. §§ 2601 et seq.
  • Pub.L. 116–127
  • 29 C.F.R. §§ 825; 826.
  • Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
  • Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
  • Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:       

  • 403.2    Employee Injury on the Job
  • 409.3    Licensed Employee Family and Medical Leave

 

Approved: 8-16-04    Reviewed: 8-21-12, 2-21-19, 8/12/20, 5/18/22        Revised: 8/12/20

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 a one contract year.  Requests for family and medical leave will be made to the superintendent. 

Employees may be required to use paid leave concurrently with family and medical leave.  Paid leave includes, but is not limited to, sick, emergency, vacation and personal. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

NOTE:  This policy is consistent with federal law regarding family and medical leave.  The links below are to applicable forms on the U.S. Department of Labor Web site.

 

Links: 

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

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

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

Legal Reference:

  • 29 U.S.C. §§ 2601 et seq.
  • 29 C.F.R. § 825
  • Iowa Code §§ 20; 85; 216; 279.40.
  • Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Cross Reference:
  • 409.2 Licensed Employee Personal Illness Leave

 

Approved 8-16-04                     Reviewed 8-21-12, 2-21-19, 8/12/20, 5/18/22                    Revised 2-21-19, 8/12/20

 

 

409.3E1 Family and Medical Leave Notice to Employees

Notice attached.

409.3E2 Family and Medical Leave Request Form

Form attached.

409.3E3 Employee Family and Medical Leave Certification Form

Form attached.

409.3R1 Employee Family and Medical Leave Regulation

A. School district notice.
1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
 
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the employee handbook.
 
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
 
a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;
 
b. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;
 
c. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
 
d. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
 
B. Eligible employees. 
 
Employees are eligible for family and medical leave if three criteria are met.
 
1. The school district has more than 50 employees on the payroll at the time leave is requested;
 
2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
 
3. The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
 
C. Employee requesting leave --two types of leave.
 
1. Foreseeable family and medical leave
 
a. Definition -leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
 
b. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.
c. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
 
2. Unforeseeable family and medical leave.
 
a. Definition -leave is unforeseeable in such situations as emergency medical treatment or premature birth.
 
b. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
 
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
 
D. Eligible family and medical leave determination. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
 
1. Four purposes.
 
a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
 
b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
 
c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
 
d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
 
2. Medical certification.
 
a. When required:
 
(1) Employees maybe required to present medical certification of the
employee's serious health condition and inability to perform the essential functions of the job.
 
(2) Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
 
b. Employee's medical certification responsibilities:
 
(1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition. 
 
(2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.
 
(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.
 
c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.
 
d. Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.
 
E. Entitlement.
 
1. Employees are entitled to twelve weeks unpaid family and medical leave per year.
 
3. Year is defined as:
 
Contract year
 
3. If insufficient leave is available, the school district may:
a. Deny the leave if entitlement is exhausted
b. Award leave available
c. Award leave in accordance with other provisions of board policy or the collective bargaining agreement.
 
F. Type of Leave Requested.
 
1. Continuous -employee will not report to work for set number of days or weeks. 
 
3. Intermittent -employee requests family and medical leave for separate periods of time.
 
a. Intermittent leave is available for: 
 
(1) Birth, adoption or foster care placement of child only with the school district's agreement.
 
(2) Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
 
b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
 
c. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)
 
2. Reduced work schedule -employee requests a reduction in the employee's regular work schedule. 
 
a. Reduced work schedule family and medical leave is available for:
 
(1) Birth, adoption or foster care placement and subject to the school district's
agreement.
 
(2) Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
 
b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
 
c. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)
 
G. Special Rules for Instructional Employees.
 
1. Definition -an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
 
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
 
a. Take leave for the entire period or periods of the planned medical treatment; or
 
b. Move to an available alternative position, with equivalent pay and benefits, but not
necessarily equivalent duties, for which the employee is qualified.
 
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.
 
a. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
 
b. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if 
 
c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
 
4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period  expires.
 
H. Employee responsibilities while on family and medical leave.
 
1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
 
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
 
3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
 
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
 
5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
 
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.
 
I. Use of paid leave for family and medical leave. 
 
An employee may substitute unpaid family and medical leave with appropriate paid leave
agreement. Paid leave includes, but is not limited to, sick leave, family illness leave, vacation,
personal leave, bereavement leave and professional leave. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
available to the employee under board policy, individual contracts or the collective bargaining.

409.3R2 Employee Family and Medical Leave Definitions

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.
Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.
Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.
Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
-- treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
-- treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.
Any period of incapacity due to pregnancy or for prenatal care.
Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
-- requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 
Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.
Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.
Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
Family Member - individuals who meet the definition of son, daughter, spouse or parent.
Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
Health Care Provider-
A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.
In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.
Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
Medically Necessary - certification for medical necessity is the same as certification for serious health condition.
"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
Next of Kin - an individual's nearest blood relative
Outpatient Status - the status of a member of the Armed Forces assigned to –
• either a military medical treatment facility as an outpatient; or, 
• a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.
Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
Serious Health Condition -
An illness, injury, impairment, or physical or mental condition that involves:
• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
-- A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
-- Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
-- Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
-- Any period of incapacity due to pregnancy or for prenatal care.
-- Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
-- Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of s single underlying condition); and,
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
-- A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
-- Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.
Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.
Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.
Spouse - a husband or wife recognized by Iowa law including common law marriages.

410.1 Substitue Teachers

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

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

Substitute teachers will be paid at a rate set by the Board of Directors. Substitutes employed for 10 or more consecutive days in the same position shall be paid at the teacher base rate per diem, for the remaining days of  service. 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).
 
Cross Reference:  
405.1 Licensed Employee Defined
405.2  Licensed Employee Qualifications, Recruitment, Selection

 

Approved  8-16-04    Reviewed  8-21-12  2-21-19  5/18/22       Revised   11-16-09, 5/18/22

410.2 Summer School Licensed Employees

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

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

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

 

Legal Reference:  Iowa Code §§ 279.8; 280.14.
Cross Reference: 603.2 Summer School Instruction

 

Approved   8-16-04    Reviewed  8-21-12  2-21-19  5/18/22.    Revised

410.3 Truancy Officer

The board may appoint a licensed employee or the building principal from each school building to serve as the building's truancy officer.

The principal will notify the truancy officer when a student is truant. The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance. The truancy officer may take the student into custody. A student taken into custody will be placed in the custody of the principal. The truancy officer will attempt to contact the student's parents when the student is taken into custody.

 

Legal Reference: Iowa Code §§ 299.10-.11, .15.

Cross Reference: 501.10 Truancy -Unexcused Absences

 

Approved   8-16-04     Reviewed   8-21-12  2-21-19  5/18/22       Revised

410.4 Education Aide

The board may employ education aides or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

  • managing and maintaining records, materials and equipment;
  • attending to the physical needs of children; and
  • performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

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

 

Legal Reference: 

Iowa Code §§ 279.8; 280.3, .14.

281 I.A.C. 12.4(9); .5(9).

 

Cross Reference:

411.2Classified Employee Qualifications, Recruitment, Selection

 

Approved   8-16-04    Reviewed 8-21-12  2-21-19  5/18/22         Revised

411.1 Classified Employee Defined

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Classified employees will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance. The position may be full-time or part-time. 

It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions. 

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

 

Legal Reference:  Iowa Code Chs. 20, 272; § 279.8. 
Cross Reference:
405.1 Licensed Employee Defined 
411.2 Classified Employee Qualifications, Recruitment, Selection 
412.3 Classified Employee Group Insurance Benefits 

 

Approved  8-16-04     Reviewed  7-17-12  2-21-19  5/18/22        Revised   3-19-07

411.2 Classified Employee-Qualifications, Recruitment, Selection

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in accordance with applicable laws and school district policies regarding equal employment. Job applicants for classified employee positions will be considered on the basis of the following:
 
•     Training, experience, and skill;
•     Nature of the occupation;
•     Demonstrated competence; and
•     Possession of, or ability to obtain, state or other license or certificate, if required, for the position.
 
All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position will be through means the superintendent believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications will be returned to the central administration office. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.
 
The superintendent will recommend employment of classified employees to the board for approval.
 
Legal Reference:
Cross Reference:
401.1 Equal Employment Opportunity
411 Classified Employees -General
 

Approved    8-16-04          Reviewed  7-17-12  2-21-19  5-18-22            Revised 2-16-09, 5-18-22

411.4 Classified Employee Licensing/Certification

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

 

Legal Reference:

Iowa Code §§ 285.5(9); 272279.8.

281 I.A.C. 12.4(10); 3643.

 

Approved   8-16-04    Reviewed   7-17-12  2-21-19  5/18/22.         Revised. 5/18/22

411.5 Classified Employee Assignment

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

It is the responsibility of the superintendent to assign classified employees.

 

Legal Reference:  Iowa Code Ch. 20; § 279.8.
Cross Reference:
200.2 Powers of the Board of Directors
411.6 Classified Employee Transfers

 

Approved   8-16-04     Reviewed 7-17-12  2-21-19    Revised

411.6 Classified Employee Transfers

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

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

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

 

Legal Reference:
29 U.S.C. §§ 621-634.
42 U.S.C. §§ 2000e et seq.
42 U.S.C. §§ 12101 et seq.
Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1.
Cross Reference:
411.2 Classified Employee Qualifications, Recruitment, Selection
411.5 Classified Employment Assignment

 

Approved   9-20-04   Reviewed  7-17-12  2-21-19  5/18/22          Revised. 5/18/2022

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. New and probationary classified employees are formally evaluated at least twice a year.
 
 
Legal Reference: 
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
Iowa Code §§ 20.9; 279.14.
281 I.A.C. 12.3(3).
 
Cross Reference:
411.2 Classified Employee Qualifications, Recruitment, Selection
411.8 Classified Employee Probationary Status
 
Approved   9-20-04    Reviewed 7-17-12  2-21-19  5/18/2022         Revised. 5/18/2022

411.8 Classified Employee Probationary Status

The first 180 days of a newly employed classified employee's contract is a probationary period. "Day" is defined as one work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, are subject to this probationary period.  

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

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

 

Legal Reference: Iowa Code Ch. 20; § 279.8.
Cross Reference:
411.3 Classified Employee Agreements
411.7 Classified Employee Evaluation

 

Approved   9-20-04    Reviewed 7-17-12  2-21-19  5/18/2022.       Revised    7-17-12

412.2 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 is compensated at one and one-half times their regular hourly wage rate. This compensation is in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the 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.
29 C.F.R. Pt. 511
Cross Reference:
411.3 Classified Employee Agreement
412.1 Classified Employee Compensation
 
Approved   9-20-04   Reviewed  7-17-12  2-21-19  5/18/2022.       Revised  7-17-12, 5/18/2022

412.3 Classified Employee Group Insurance Benefits

Classified employees may be eligible for group insurance benefits as determined by the board and required by law. The board will select the group insurance program and the insurance company which will provide the program. Since the district employees less than an average of at least 50 full-time employees (including an equivalent for part-time employees), the district is not subject to the ACAs Employer Mandate.
 
Classified employees who are regularly scheduled to work at least 32 hours per week are eligible to participate in the group health insurance plan. Variable hour employees are subject to the applicable measurement period as determined by the board.  Regular part-time classified employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer. Regular classified employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.
 
Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.
 
This policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change or eliminate group insurance programs for its classified employees.
 
NOTE: Beginning on January 1, 2015, school districts that employ an average of at least 50 full-time employees (including an equivalent for part-time employees), are required to offer health coverage to full-time employees (and their dependents) or pay a penalty tax under the ACA Employer Mandate. Districts with 50-99 full-time employees (including an equivalent for part-time employees) may have until their 2016 plan year before compliance is required, if certain conditions are satisfied. Option II assumes a school district employs less than 50 employees and is not subject to the ACAs Employer Mandate. Boards can edit Option II to reflect their district's actual coverage (e.g., additional group insurance plans offered by the districts, which may include: life and long-term disability group insurance plans).
 
NOTE: For a more detailed discussion of this issue, see IASB’s Special Report, A School District’s Responsibilities under the Federal Patient Protection and Affordable Care Act (ACA), December 2014.
 
Legal Reference:        Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B.
                                    Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
                                   Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed.                                    Reg. 217, (Jan 2, 2013).
                                   Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed.                                    Reg. 8543 (Feb. 12, 2014).
 
Cross Reference:        411.1    Classified Employee Defined
 
 

Approved   9-20-04    Reviewed  7-17-12  2-21-19, 9-15-21, 5/18/22     Revised 9-15-21, 5/18/22

412.4 Classified Employee Tax Shelter Program

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from any company authorized by Iowa law.

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

Legal Reference:

Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).

Iowa Code §§ 260C273294.16.

Cross Reference: 706 Payroll Procedures

 

Approved   9-20-04                   Reviewed 7-17-12    2-21-19    5/18/2022                Revised 2-21-19

413.1 Classified Employee Resignation

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their agreement 2 weeks prior to their last working day.

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

 

Legal Reference: 
Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9).
Cross Reference:
411.3 Classified Employee Agreement
413 Classified Employee Termination of Employment

 

Approved   9-20-04    Reviewed  7-17-12  2-21-19  5/18/22        Revised   7-17-12, 5/18/22

413.2 Classified Employee Retirement

Classified employees who will complete their current agreement with the board may apply for retirement.   No classified employee will be required to retire at any specific age. 
 
Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.
 
Board action to approve a classified employee's application for retirement is final, and such action constitutes termination of the employee's agreement effective the day of the employee's retirement.
 
Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer. 
 
 
Legal Reference:. 
29 U.S.C. §§ 621 et seq.
Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46.
Cross Reference:
412 Classified Employee Compensation and Benefits
413 Classified Employee Termination of Employment
 
Approved   9-20-04         Reviewed 7-17-12  2-21-19  5/18/22         Revised    7-17-12, 5/18/22

413.3 Classified Employee Suspension

Classified employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes. It is within the discretion of the superintendent to suspend a classified employee with or without pay.
 
In the event of a suspension, due process will be followed.
 
NOTE: This is a mandatory policy.
 
 
Legal Reference:
Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24.
Cross Reference:
404 Employee Conduct and Appearance
413 Classified Employee Termination of Employment
 
Approved   9-20-04        Reviewed  7-17-12  2-21-19  5/18/22         Revised. 5/18/2022

413.4 Classified Employee Dismissal

The board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon thirty days notice or immediately for cause. Due process procedures will be followed.

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

 
Legal Reference:
Iowa Code § 20.7, .24.
Cross Reference:
404 Employee Conduct and Appearance
413.4 Classified Employee Suspension
413.6 Classified Employee Reduction in Force

 

Approved   9-20-04     Reviewed 7-17-12  2-21-19  5/18/22      Revised. 5/18/2022

413.5 Classified Employee Reduction in Force

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated will be notified immediately and the agreed upon date and time of termination will be the decision of the building or district administrator

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

 

Legal Reference:
Iowa Code § 20.7, .24
 
Cross Reference:
407.5 Licensed Employee Reduction in Force
413.3 Classified Employee Suspension
413.4 Classified Employee Dismissal
703 Budget

 

Approved   9-20-04   Reviewed  7-17-12  2-21-19  5/18/2022       Revised

414 Classified Employee Professional Purposes Leave

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent 2 days prior to the meeting or conference. 

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

 

Legal Reference:  
Iowa Code § 279.8.  
281 I.A.C. 12.7
 
Cross Reference:  
411 Classified Employees - General 
408.1 Classified Employee Professional Development 

 

Approved    9-20-04       Reviewed 7-17-12,  2-21-19, 8/12/20, 5/18/22      Revised 8/12/2020