400 Employees

400 Role and Guiding Principles for Employees

ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

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

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

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

 

 

 

 

Approved:    2/10/97                                             Reviewed:                                                 10/01                 Revised:  8/20

                                                                                                                                              10/05

                                                                                                                                              5/06

                                                                                                                                              4/11

                                                                                                                                              8/13

 

401 Employees and Internal Relations

401.1 Equal Employment Opportunity

EQUAL EMPLOYMENT OPPORTUNITY

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

The Board shall appoint an affirmative action coordinator. The affirmative action coordinator shall have the responsibility for drafting the affirmative action plan. The affirmative action plan shall be reviewed by the administration annually.

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

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, 1814 7th Ave S, Estherville Lincoln Central Community School District, Estherville, Iowa 51334; or by telephoning 712-362-2692.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111, TTY (800)669-6820 or the Iowa Civil Rights Commission, 400 E 14th Street, Des Moines, Iowa, 50319, (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.

http://www.eeoc.gov/field/milwaukee/index.cfm

http://www.eeoc.gov/field/milwaukee/index.cfm

Approved:    2/10/97                        Revised:   12/98                        Reviewed:    10/01

                                                                         8/13                                          10/05

                                                                          8/20                                          5/06

                                                                                                                           4/11

                                                                                                                           8/13

Legal Reference:         29 U.S.C. §§ 621-634 (1988).

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

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

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

                                  281 I.A.C. 12.4; 95.

 

 

Cross Reference:        102    Equal Educational Opportunity

                                  403.5  Harassment

                                  405.2  Licensed Employee Qualifications, Recruitment,

                                             Selection

                                  411.2  Classified Employee Qualifications, Recruitment,

                                             Selection

 

401.1R Equal Employment Opportunity and Affirmative Action Compliance Program

EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

COMPLIANCE PROGRAM

The Estherville Lincoln Central Community School District has an established policy of Equal Employment Opportunity and Affirmative Action with respect to race, religion, color, sex, age or national origin.  We expect the administration to know of and fully accept the Equal Opportunity and Affirmative Action policy and to make certain that no employee or applicant for employment shall suffer any form of discrimination because of race, religion, color, sex, age, national origin, disability, creed, sexual orientation, gender identity.  In order to effectively communicate and interpret the district’s policy to all levels of the administration, and to all other employees, community and educational agencies, and the public in general, the following will be undertaken:

A. Dissemination of Policy

1. Employees will be reminded annually of the district’s written statement of policy by:

    a. Description of policy by publication or reference in all issues or re-issues of personnel handbooks.

    b. When appropriate, publicize the Equal Employment Opportunity and Affirmative Action policy and such activities through news stories or other     articles in district publications.

    c. Detailed discussions at administrative conferences and staff meetings.

2. Employment advertisements will contain assurance of equal employment opportunity.

3. All employment and recruiting sources where jobs are listed by the district will be reminded of our policy, both verbally and in writing.

4. Notices will be posted on bulleting boards and in locations where applicants are interviewed.  These will inform employees and applicants of their rights under federal and state civil rights laws.

B. Responsibility for Implementing the Equal Employment Opportunity and Affirmative Action Policy.

1. Responsibility is assigned to the Affirmative Action Coordinator, who will render full assistance and support for those seeking help and assistance in taking affirmative action.

C. Recruiting

1. Additional emphasis will be given to seeking and encouraging applicants from minority groups, and women’s groups, where such applicants with the necessary qualifications or potentials are available.  In keeping with the law, consideration shall be given to the veteran status of applicants.

D. Training

     1. All training and in-service programs supported or sponsored by the district will continue to be equally open to minority and female employees on the basis of qualifications.

 E. Hiring, Placement, Transfer, Layoff, and Recall

     1. The district recognizes of its Equal Employment Opportunity and Affirmative Action policy, continuous affirmative action must be taken to ensure that opportunities of all kinds are called to the specific attention of members of minority groups and that qualified members of minority groups should be offered positions on the same basis as all other applicants or employees.  To assure achievement of the objectives, the district will periodically review its practices in hiring job applicants.

 F. Compensation

1. All employees, including women and minority group employees, will receive compensation in accordance with the same standards.  Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on race, religion, color, sex, age, national origin, disability, creed, sexual orientation, or gender identity.

G. General

1. Not only in the above matters, but in all other areas of the employer-employee relationship, the district will continue to cooperate with minority groups because being fair is the best assurance that it is not discriminating or creating the appearance of discrimination.

This Equal Opportunity and Affirmative Action Program will be reviewed and updated annually.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to Tara Paul, Affirmative Action Coordinator, Estherville Lincoln Central Community Schools District, Estherville, IA 51334; or by telephoning at 712-362-2692.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints of discrimination, may also be directed, in writing, to the Director of the Region VII Office of Civil Rights, Department of Education, Kansas City, MO.  Such 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 grievance are available in the district’s central administrative office, and the administrative office in each district attendance center. 

 

 

Approved:    4/90                         Revised:    12/98                       Reviewed:    10/01

                                                                                                                     10/05

                                                                                                                        5/06

                                                                                                                        4/11

                                                                                                                        8/13

                                                                                                                        8/20

401.10 Credit Cards

 CREDIT CARDS

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

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

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

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

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

 

Legal Reference:         Iowa Constitution, Art. III, § 31.

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

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

 

Cross Reference:        216.3  Board of Directors' Member Compensation and Expenses

                                  401.7  Employee Travel Compensation

 

Approved:    2/97                            Reviewed:       8/13

                                                                               8/20

401.2 Employee Conflict of Interest

CONFLICT OF INTEREST

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

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the

employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent.  Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

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

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

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

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

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

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

          ·           Cease the outside employment or activity; or

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

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

Approved:    2/97                 Reviewed:   8/20

Legal Reference:         Iowa Code §§ 20.7; 68B; 279.8; 301.28 (1995).

 

Cross Reference:        203    Board of Directors' Conflict of Interest

                                  402.4  Gifts to Employees

                                  402.7  Employee Outside Employment

                                  404  Employee Conduct and Appearance

 

 

401.3 Nepotism

NEPOTISM

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

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

Should more than one family member work in the same building or department, one family member shall not evaluate the
other. Evaluation will be done by another district administrator or supervisor.

 

 

 

Legal Reference:         Iowa Code §§ 20; 71; 277.27; 279.8 (1995).

 

 

Cross Reference:        405.2  Licensed Employee Qualifications, Recruitment

                                            Selection

                                  411.2  Classified Employee Qualifications, Recruitment

                                             Selection

 

 

Approved:   2/10/97                         Reviewed:      12/98                             Revised: 8/20

                                                                              10/01

                                                                               10/05

                                                                                5/06

                                                                               4/11

                                                                                8/13

401.4 Employee Complaints

EMPLOYEE COMPLAINTS

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

A formal grievance procedure is contained in the master contract and/or other areas of the policy book. This policy shall not apply to a complaint that has been or could be filed at the employee's discretion under a formal grievance procedure described in any of the school district’s formal documents.

 

The Board recognizes that all staff members are expected to solve complaints by following the appropriate chain of command as outlined in
policy.

 

 

Legal Reference:         Iowa Code §§ 20.7, .9; 279.8 (1995).

Cross Reference:        307     Communication Channels

                                  403.5  Harassment; Master Contract

 

Approved:    2/97                         Revised:    12/98                  Reviewed:       10/01

                                                                        8/20                                           10/05

                                                                                                                          5/06

                                                                                                                           4/11

                                                                                                                           8/13

 

401.5 Employee Records

EMPLOYEE RECORDS

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

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

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

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

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

 

Legal Reference:                  Iowa Code chs. 20; 21; 22; 91B (1995).

                                           Clymer vs. City of Cedar Rapids, No. 209/97-1705                        

                                           Des Moines SD vs. Register & Tribune Co., 487 NW 2; 666

                                           City of Dubuque vs. Telegraph Herald, Inc., 297 NW 2d 523

 

 

 

Cross Reference:                  402.1  Release of Credit Information

                                            403    Employees' Health and Well-Being

                                            708    Care, Maintenance and Disposal of School District                                                                                                         Records

 

Approved:    2/97                            Revised:           12/98                        Reviewed: 8/20

                                                                                   10/01                                                                                                                                                                                            10/05

                                                                                    5/06

                                                                                    4/11                                                             

                                                                                     8/13

401.5R1 Employee Records Regulation

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

                      ·      Medical professional signed physical form.

                      ·      Sick or long-term disability leave days.

                      ·      Worker's compensation claims.

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

                      ·      Employee's medical history.

                      ·      Employee emergency names and numbers.

                      ·      Family and medical leave request forms.

Applicant File Records Content

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

          ·           Application for employment.

          ·           Resume.

          ·           References.

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

          ·           Affirmative action form, if submitted.

Record Access

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

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

Employee Record Retention

All employee records shall be kept according to the most recent version of the Uniform Administrative Procedures Manual.

Approved:    2/97                 Reviewed:     12/98                      Revised:    8/20

                                                                  10/05

                                                                    5/06

                                                                    4/11

                                                                     8/13

 

 

401.6 Transporting of Students by Employees

TRANSPORTING OF STUDENTS BY EMPLOYEES

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

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

This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.

Legal Reference:    Iowa Code chs. 285; 321 (1995).

Cross Reference:   401.7  Employee Travel Compensation

                             711    Transportation

                             904.1  Transporting of Students in Private Vehicles

Approved:   2/97                  Revised:    12/98                        Reviewed: 8/20

                                                            10/01

                                                             10/05

                                                             5/06

                                                             4/11

                                                             8/13

401.7 Employee Travel Compensation

EMPLOYEE TRAVEL COMPENSATION

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

Travel Outside the School District

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

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

A District employee shall be reimbursed for transportation and/or mileage cost only if a District vehicle is unavailable for the travel.  If a school vehicle is available, but by personal preference the employee takes his/her own vehicle the transportation and/or mileage will not be reimburse by the District.

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

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

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

Pre-approved expense for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel. Pre-approved expenses for meals (not to include alcoholic beverages) are limited to a per diem of $35 for full day commitments.  Meals may be pre-approved for a larger amount by the Board or superintendent.  The administrative team is expected to incur reasonable expenses when performing school district responsibilities outside of the district.

Travel Within the School District

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

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

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

 

Legal Reference:         Iowa Constitution, Art. III, § 31.

                                  Iowa Code §§ 70A.9-.11 (1995).

                                  1980 Op. Att'y Gen. 512.

 

Cross Reference:        216.3   Board of Directors' Member Compensation and Expenses

                                  401.6  Transporting of Students by Employees

                                  401.10  Credit Cards

                                  904.1   Transporting Students in Private Vehicles

 

Approved:    2/10/97                        Revised:    12/98                    Reviewed:      10/01  

                                                                           8/13                                             10/05

                                                                          12/17                                             5/06

                                                                           8/20                                                   4/11

                                                                                                                               8/13

                                                                                                                               

 

401.8 Recognition of Service of Employees

RECOGNITION FOR SERVICE OF EMPLOYEES

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

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

 

 

 

 

 

 

 

 

Legal Reference:         Iowa Const. Art. III, § 31.

                                  Iowa Code § 279.8 (1995).

                                  1980 Op. Att'y Gen. 102.

 

Cross Reference:        407  Licensed Employee Termination of Employment

                                  413  Classified Employee Termination of Employment

 

Approved:    2/97                 Reviewed:     8/20

401.9 Employee Political Activity

EMPLOYEE POLITICAL ACTIVITY

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

Violation of this policy may be grounds for disciplinary action.

 

 

Legal Reference:                  Iowa Code 55; 279.8 (1995)

                                          

Cross Reference:                  409.5  Licensed Employee Political Leave

                                           414.5  Classified Employee Political Leave

 

Approved:    2/97                 Reviewed:   8/20

402 Employees and Outside Relations

402.1 Release of Credit Information

RELEASE OF CREDIT INFORMATION

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

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

Legal Reference:         Iowa Code §§ 22.7; 279.8 (1995).

 

Cross Reference:        401.5  Employee Records

Approved:    2/97                            Reviewed:      12/98

                                                                              11/01                       

                                                                              10/05

                                                                                5/06

                                                                                 4/11

                                                                                10/13

                                                                                  3/21

402.2 Child and Dependent Abuse Reporting

CHILD AND DEPENDENT ADULT ABUSE REPORTING

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

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 shall also be notified.

Within six months of their initial employment, mandatory reporters shall 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.

Legal Reference:         Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (1995).

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

                                  1982 Op. Att'y Gen. 390, 417.

                                  1980 Op. Att'y Gen. 275.

 

 

Cross Reference:        402.3  Abuse of Students by School District Employees

                                  502.9  Interviews of Students by Outside Agencies

                                  507    Student Health and Well-Being

 

Approved:    2/97                                Reviewed:      12/98                                                     Revised:  3/21

                                                                                   11/01

                                                                                   10/05

                                                                                     5/06

                                                                                     4/11

                                                                                    10/13

402.2R1 Child Abuse Reporting Regulation

CHILD AND DEPENDENT ADULT ABUSE REPORTING REGULATION

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

The law further specifies that a licensed employee who knowingly or willfully fails to report a suspected case of child or dependent adult 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 and Dependent Adult Abuse Defined

"Child abuse"  and “Dependent Adult” is defined as:

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

          ·           The commission of a sexual offense with or to a child or dependent adult. . . as a result of the acts or omissions of the person responsible for the child or dependent adult. . . .  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 or dependent adult to provide for the adequate food, shelter, clothing or other care necessary for the child’s or dependent adult’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 or dependent adult for that reason alone shall not be considered abusing the child or dependent adult. . . .

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

Teachers in public schools are not "persons responsible for the care of the child or dependent adult" under this definition.  However, a teacher who abuses a child or dependent adult 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 or dependent adult 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.

 

The statewide telephone number is 1-800-362-2178 for verbal reports.

  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 or dependent adult;

·         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 or dependent adult has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child or dependent adult.  The DHS is responsible for investigating the incident of alleged abuse.

Approved    2/97                             Reviewed:   3/21

                                                                                   

                                                                         

                                                                           

                                                                             

                                                                           

402.3 Abuse of Students by School District Employees

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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

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

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

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

Level I Investigator - Brad Leonard - brad.leonard@elc-csd.org

Level I Investigator - Christina Dunlavy - christina.dunlavy@elc-csd.org

 

Legal Reference:         Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (1995).

                                  281 I.A.C. 102; 103.

                                  441 I.A.C. 155; 175.

                                  1980 Op. Att'y Gen. 275.

 

Cross Reference:        402.2  Child Abuse Reporting

                                  403.5  Harassment

                                  503.5  Corporal Punishment

 

Approved:    2/97                            Reviewed:     3/21

                                                                               

402.3E1 Abuse of Students by School District Employees Report Form

Uploaded Files: 

402.3E2 Abuse of Students by School District Employees Investigation

Uploaded Files: 

402.3R1 Abuse of Students by School District Employees Regulation

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REGULATION

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 shall be written, signed and witnessed by a person of majority age.  The witness may be the Level I investigator.  The reporter is the individual filing the report.  The report shall contain the following:

          ·           The full name, address, and telephone number of the person filing.

          ·           The full name, age, address, and telephone number, and attendance center of the student.

          ·           The name and place of employment of the employee who allegedly committed the abuse.

          ·           A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.

          ·           A list of possible witnesses by name, if known.

          ·           Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

Upon request, the Level I investigator may assist the reporter in completing the report.  An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible.  An employee receiving a report of alleged abuse of a student by an employee shall pass the report to the investigator and shall keep the report confidential to the maximum extent possible.  In performing the investigation, the investigator shall have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.

In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context.  However, the student need not be a student in the school district.  The student can be from another school district.  To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee.  If the report is not investigable due to lack of jurisdiction, the investigator shall dismiss the complaint and inform the reporter of other options available.  Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

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

          ·           temporarily remove the student from contact with the employee;

          ·           temporarily remove the employee from service; or,

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

                                                                                                                                                                                                                                                   

Physical Abuse Allegations

          When physical abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report.  The employee named in the report shall not receive a copy of the report until the employee is initially interviewed.

          The Level I investigator shall use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation shall not discuss information regarding the complaint outside the investigation.  The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation.

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

          The written investigative report shall include:

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

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

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

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

          5.         A general review of the investigation.

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

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

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

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

          8.         The disposition or current status of the investigation.                                                                                                                                         

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

                      ·           Contacting law enforcement officials.

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

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

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

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

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

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

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

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

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

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

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

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

                                  (6)      To prevent a student from the self-infliction of harm.

                                  (7)      To protect the safety of others.

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

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

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

                      b.         The size and physical condition of the student.

                      c.         The instrumentality used in making the physical contact.

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

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

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

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

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

Sexual Abuse

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

          5.         A general review of the investigation.

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

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

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

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

          8.         The disposition or current status of the investigation.

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

                      ·           Contacting law enforcement officials.

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

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

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

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

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

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

It shall be the responsibility of the Board to annually identify a Level I and Level II investigator.  The Board shall also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made.  The names and telephone numbers of the Level I investigator and the alternate Level I investigator shall be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.

Approved:    2/97                         Reviewed:     3/21

402.4 Gifts to Employees

GIFTS TO EMPLOYEES

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

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

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

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

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

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

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

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

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

          ·      An inheritance;

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

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

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

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

          ·      Non-monetary items with a value of less than three dollars that are received from any one donor during one calendar day;

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

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

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

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

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

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

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

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

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

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

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

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

Approved:    2/97                                                       Reviewed:     3/21                                      

                                                                               

Legal Reference:      Iowa Code ch. 68B (1995).

                               1972 Op. Att'y Gen. 276.

                               1970 Op. Att'y Gen. 319.

Cross Reference:      217    Gifts to Board of Directors

                               401.2  Employee Conflict of Interest

                               704.4  Gifts-Grants-Bequests

 

 

402.5 Public Complaints about Employees

PUBLIC COMPLAINTS ABOUT EMPLOYEES

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

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

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

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

Legal Reference:         Iowa Code § 279.8 (1995).

 

Cross Reference:        210.8  Board Meeting Agenda

                                  213    Public Participation in Board Meetings

 

Approved:    2/97                            Reviewed:   3/21

 

402.6 Employee Outside Employment

EMPLOYEE OUTSIDE EMPLOYMENT

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

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

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

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

Cross Reference:        401.2  Employee Conflict of Interest

                                  408.3  Licensed Employee Tutoring

Approved:    2/97                            Reviewed:   3/21

403 Employees' Health and Well-Being

403.1 Employee Physical Examinations

EMPLOYEE PHYSICAL EXAMINATIONS

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

School bus drivers will present evidence of good health every other year in the form of a physical examination report unless otherwise required by law or medical opinion. Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.

The cost of the initial examination will be paid by the school district.  The form, indicating the employee is able to perform the duties for which the employee was hired must be returned prior to payment of salary.  The cost of bus driver renewal physicals physical renewals will be paid by the school district up to a maximum of $100.00. The school district shall provide the standard examination form to be completed by the personal physician of the employee.  Employees identified as having reasonably anticipated contact with blood or infectious materials shall receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

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

 

Legal Reference:         29 C.F.R. Pt. 1910.1030 (1993).

                                  Iowa Code §§ 20.9; 279.8 (1995).

                                  281 I.A.C. 12.4(14); 43.15 -.20.

 

Cross Reference:        403  Employees' Health and Well-Being

Approved:   8/7/89                          Reviewed:      9/14/92        Revised:    5/06

                                                                           2/10/97                          4/11

                                                                           1/99

                                                                           12/01

                                                                             2/05

                                                                             5/06

                                                                             12/13       

 

403.2 Employee Injury on the Job

EMPLOYEE INJURY ON THE JOB

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

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

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

It shall be the responsibility of the employee to file claims, such as workers' compensation, through the Human Resource Coordinator.

 

 

Legal Reference:         Iowa Code §§ 85; 613.17 (1995).

                                  1972 Op. Att'y Gen. 177.

 

Cross Reference:        403    Employees' Health and Well-Being

                                  409.2  Licensed Employee Personal Illness Leave

                                  414.2  Classified Employee Personal Illness Leave

 

 

Approved:   2/10/97              Reviewed:    1/99                         Revised:  12/01

                                                               5/06                                       12/13

                                                                4/11

                                                               12/13

403.3 Communicable Diseases - Employees

COMMUNICABLE DISEASES - EMPLOYEES

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

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

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

An employee 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 shall 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 shall not be disclosed to third parties.  Employee medical records shall be kept in a file separate from their personal file.

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

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

                                  29 U.S.C. § 794, 1910 (1988).

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

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

                                  Iowa Code  § 139; 141 (1997).

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

 

Cross Reference:        401.5  Employee Records

                                  403.1  Employee Physical Examinations

                                  507.3  Communicable Diseases - Students

Approved:    8/7/89                         Revised:   9/14/92              Reviewed:    12/01

                                                       Revised:   2/10/97                                       5/06

                                                       Revised:   1/99                                             4/11

                                                                                                                           12/13

 

403.3E1 Hepatitis B Vaccine Information and Record

The Disease

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

The Vaccine

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

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

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

Dosage and Administration

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

Possible Vaccine Side Effects

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

 

Uploaded Files: 

403.3R1 Universal Precautions Regulation

UNIVERSAL PRECAUTIONS REGULATION

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

Hand Washing

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

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

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

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

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

Barriers

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

Disposal of Waste

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

Clean up

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

          ·           Wear gloves.

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

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

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

          ·           Clean and disinfect reusable supplies and equipment.

Laundry

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

Exposure

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

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

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

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

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician

for further health care.

Approved:    2/10/97                           Reviewed:    1/99

                                                                             12/01

                                                                            5/06

                                                                              4/11

                                                                             12/13

 

403.4 Hazardous Chemical Disclosure

HAZARDOUS CHEMICAL DISCLOSURE

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

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

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

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

 

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

                                  Iowa Code chs. 88; 89B (1995).

                                  347 I.A.C. 120.

 

Cross Reference:        403  Employees' Health and Well-Being

                                  804  Safety Program

 

 

 

 

Approved:    8/7/89                         Reviewed:     1/99                            Revised:   2/10/97

                                                                          12/01

                                                                          5/06

                                                                            4/11

                                                                          12/13

403.5 Harassment

HARASSMENT

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

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

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

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

                                  Hall v. Gus Const. Co., 842 F.2d 1010 (8th Cir. 1988).

                                  Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990).

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

                                  29 C.F.R. Pt. 1604.11 (1993).

                                  Iowa Code ch. 216 (1995).

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

403.5E1 Harassment Complaint Form

Uploaded Files: 

403.5E2 Witness Disclosure Form

Uploaded Files: 

403.5R1 Harassment Investigation Procedures

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

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

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

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

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

COMPLAINT PROCEDURE

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

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

INVESTIGATION PROCEDURE

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

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

RESOLUTION OF THE COMPLAINT

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

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

POINTS TO REMEMBER IN THE INVESTIGATION

          ·           Evidence uncovered in the investigation is confidential.

          ·           Complaints must be taken seriously and investigated.

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

          ·           Retaliators will be disciplined up to and including discharge.

CONFLICTS

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

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

Approved:    2/10/97                        Reviewed:    1/99             

                                                                          12/01          

                                                                          5/06

                                                                            4/11

                                                                           12/13

 

403.6 Substance-Free Workplace

SUBSTANCE-FREE WORKPLACE

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

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

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

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

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

 

 

Legal Reference:         41 U.S.C. §§ 701-707 (1988).

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

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

                                  Iowa Code §§ 124; 279.8 (1995).

Cross Reference:        404  Employee Conduct and Appearance

                        

 

Approved:    2/10/97                           Reviewed:     1/99

                                                                             12/01

                                                                              5/06

                                                                                4/11

                                                                               12/13

403.6E1 Substance-Free Workplace Notice to Employees

Uploaded Files: 

403.6R1 Substance-Free Workplace Regulation

SUBSTANCE-FREE WORKPLACE REGULATION

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

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

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

          3.         [Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.]

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

 

Approved:    2/10/97                           Reviewed:     1/99

                                                                                12/01

                                                                              5/06

                                                                                 4/11

                                                                               12/13     

 

403.7 Drug and Alcohol Testing Program

DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation, and are required to possess a commercial driver’s license (CDL) to operate those vehicles, 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, the term “employees” includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.

Employees or employee applicants that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle.  In addition, employees will be subject to 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 Secretary at 1814 7TH Avenue S, Estherville, IA 51334. 

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 also 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.

Regulation booklets shall be maintained in the transportation secretary’s office and the transportation director’s office at the bus barn.  Drivers are to be given copies of this policy.

This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDAPT) have chosen to test only under the federal regulations and not to test under state law.

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 if 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.

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.

Approved:     12/11/95                      Revised: 12/18/97                             Reviewed:    12/01

                                                                         12/98                                                       5/06

                                                                         12/13                                                        4/11

                                                                                                                                         12/13

 

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration,

51 Fed. 3rd 405  (4th Cir. 1995).

          49 U.S.C.  5331 et seq. (1994)

          42 U.S.C.  12011 (1994)

          41 U.S.C.  701-707 (1996)

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

          34 C.F.R.  Pt. 85 (1996)

          Local 301, International 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 (1997)

 

         Cross Reference:  403.6    Substance-Free Workplace

                                    409.2    Licensed Employee Personal Illness Leave

                                     414.2   Classified Employee Personal Illness Leave

 

 

 

403.7E1 Drug and Alcohol Testing Program Notice to Employees

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 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.  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.

 

 

 

 

 

 

 

 

 

 

 

 

Approved:     12/11/95                                                                              Reviewed:   4/11      Revised: 12/18/97           :

                                                                                                                                                               12/13

 

 

 

 

403.7E2 Drug & Alcohol Program and Pre-Employment Testing Acknowledgement Form

Uploaded Files: 

403.8 Staff Protection

STAFF PROTECTION

The school district will be vigorous in its protection of all employees from physical and/or psychological abuse.

Any employee who is threatened with harm is to notify the principal or supervisor immediately, and steps are to be taken at once to protect the employee’s safety.

Further, the school district will protect its employees through a comprehensive liability insurance program (including workman’s compensation), and the school district will hold harmless and defend any district employee from claims for damages caused or alleged to have been caused in whole or in part by that employee while performing assigned duties as an employee of the district under the provisions of the district’s liability policy, whether or not that person is employed by the district at the time the claim is made, provided that the district will not be obligated to assume any costs or judgments held against the employee when such damages are proved to be due to the employee’s willful negligence, violation of law, or criminal acts as determined by a court of law.

An employee within the scope of his/her employment, may use and apply such amount of force as is reasonable and necessary to quell a disturbance threatening physical injury to self and others, to obtain possession of weapons or other dangerous objects upon the person or within the control of the pupil, for the purpose of self-defense, and/or for the protection of persons and/or property.

 

Approved:      1/99                             Reviewed:    12/01

                                                                              5/06

                                                                                4/11

                                                                              12/13

 

 

404 Employee Conduct and Appearance

EMPLOYEE CONDUCT AND APPEARANCE

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

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

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

 

 

Legal Reference:         Iowa Code § 279.8 (1995).

                                  282 I.A.C. 13.

 

 

Cross Reference:        305    Administrator Code Of Ethics

                                  403.5  Harassment

                                  403.6  Substance-Free Workplace

                                  407    Licensed Employee Termination of Employment

                                  413    Classified Employee Termination of Employment

 

 

Approved:    2/10/97                              Reviewed:     2/99

                                                                                 12/01

                                                                                  5/06

                                                                                    4/11

                                                                                    2/14

                                                               

 

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

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

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

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

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

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

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

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

      II.      Commitment to the public.

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

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

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

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

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

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

     III.      Commitment to the profession.

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

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

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

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

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

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

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

               g.    Shall not misrepresent professional qualifications.

               h.    Shall not knowingly distort evaluations of colleagues.

    IV.      Commitment to professional employment practices.

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

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

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

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

               f.     Shall not delegate assigned tasks to unqualified personnel.

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

 

Approved:    2/10/97                           Reviewed:    2/99

                                                                                 12/01

                                                                                 5/06

                                                                                 4/11

                                                                                  2/14                                                     

       

 

405 Licensed Employees - General

405.1 Licensed Employee Defined

LICENSED EMPLOYEE DEFINED

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

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions should 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); 272.6; 272A; 279.8; 294.1 (1995).

                                  282 I.A.C. 14.

                                  281 I.A.C. 12.4; 41.25.

                                  1940 Op. Att'y Gen. 375.

 

Cross Reference:        405.2  Licensed Employee Qualifications, Recruitment

                                             Selection

                                  410.1  Substitute Teachers

                                  411.1  Classified Employee Defined

 

Approved:    2/10/97                              Reviewed:    2/99

                                                                                   1/02

                                                                                    5/06

                                                                                    4/11

                                                                                     2/14

 

405.2 Licensed Employee Qualifications, Recruitment, Selection

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

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

                      ·           Training, experience, and skill;

                      ·           Nature of the occupation;

                      ·           Demonstrated competence; and

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

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

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

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the Board regarding qualifications, recruitment and selections of such employees shall be followed.

 

Legal Reference:         29 U.S.C. §§ 621-634 (1988).

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

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

                                  Iowa Code §§ 20; 35C; 216; 294.1 (1995).

                                  281 I.A.C. 12.

                                  282 I.A.C. 14.

                                  1980 Op. Att'y Gen. 367.

 

Cross Reference:        401.1  Equal Employment Opportunity

                                  405     Licensed Employees - General

                                  410.1  Substitute Teachers

 

Approved    2/10/97                               Reviewed:    2/99

                                                                                  1/02

                                                                                  5/06

                                                                                   4/11

                                                                                    2/14

 

405.4 Licensed Employee Continuing Contracts

 

                                                                       LICENSED EMPLOYEE CONTINUING CONTRACTS

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

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

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

 

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

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

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

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

                                  Iowa Code §§ 20; 272; 279.12-.19B, .27; 294.1 (1998).

 

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                  405.9  Licensed Employee Probationary Status

                                  407     Licensed Employee Termination of Employment

 

 

Approved:    2/10/97                              Revised:    2/99                             Reviewed:  1/02   

                                                                             5/06                                                4/11

                                                                                  1/18                                                   2/13

 

 

405.6 Licensed Employee Assignment

LICENSED EMPLOYEE ASSIGNMENT

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

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

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

 

 

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

 

Cross Reference:        200.2  Powers of the Board of Directors

 

Approved:    2/10/97                              Reviewed:    3/99                            

                                                                                    1/02

                                                                                    5/06

                                                                                     4/11

                                                                                     2/14

405.8 Licensed Employee Evaluation

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 are 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 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.

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

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

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

                                    Iowa Code §§ 20.9; 279.14, .19, .27 (2007).

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

 

Cross Reference:         405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.9   Licensed Employee Probationary Status

 

Approved:  4/11                                  Reviewed: 2/14                                    Revised                   

 

405.9 Licensed Employee Probationary Status

LICENSED EMPLOYEE PROBATIONARY STATUS

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

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

 

 

 

 

 

 

 

Legal Reference:         Iowa Code §§ 279.12-.19B (1995).

Cross Reference:        405.4  Licensed Employee Continuing Contracts

                                  405.8  Licensed Employee Evaluation

 

 

 

Approved:    2/10/97                              Revised:    12/98                                           Reviewed:    5/06

                                                                               1/02                                                               4/11

                                                                               5/06                                                                  2/14

                                                                                 1/18

                                                                                             

 

 

406 Licensed Employee Compensation and Benefits

406.6 Licensed Employee Tax Shelter Programs

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

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

Licensed employees wishing to have payroll deductions for tax sheltered annuities shall make a written request to the business office.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 §§ 20.9; 260C; 273; 294.16 (1995).

                                  1988 Op. Att'y Gen. 38.

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

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

Cross Reference:        706  Payroll Procedures

Approved:   3/10/97                               Revised:    5/99                         Deleted:    3/8/99

Reinstated:  4/14/04                                               4/11                         Reviewed:   5/06

                                                                                                                                  2/14

 

407 Licensed Employee Termination of Employment

407.1 Licensed Employee Resignation

LICENSED EMPLOYEE RESIGNATION

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

If an extracurricular position has not been filled by June 1, the Board may require a head coach who has resigned 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.  This does not apply to assistant coaches or community coaches.

 

Legal Reference:         Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (1995).

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

406.4  Compensation for Extra Services

407     Licensed Employee Termination of Employment

 

 

 

Approved:    2/10/97                            Revised:   3/99

                                                                           1/02

                                                                           5/06

                                                                             4/11

                                                                             4/14

                                                                                              

407.2 Licensed Employee Contract Release

LICENSED EMPLOYEE CONTRACT RELEASE

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

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

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

 

Legal Reference:         Iowa Code §§ 216; 272; 279.13, .19A, .46 (1995).

                                  1978 Op. Att'y Gen. 247.

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

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                  405.4  Licensed Employee Continuing Contracts

                                  407.3  Licensed Employee Retirement

Approved:    2/10/97                            Revised:   3/99                                 Reviewed:  1/02

                                                                                                                                        5/06

                                                                                                                                        4/11

                                                                                                                                           4/14

407.3 Licensed Employee Retirement

LICENSED EMPLOYEE RETIREMENT

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

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

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

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

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

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

                                  581 I.A.C. 21.

                                  1978 Op. Att'y Gen. 247.

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

 

 

Cross Reference:        401.8  Recognition for Service of Employees

 

 

Approved:    2/10/97                              Reviewed:   3/99                           Revised:    1/02

                                                                                   5/06

                                                                                    4/11

                                                                                     4/14              

 

407.4 Licensed Employee Suspension

LICENSED EMPLOYEE SUSPENSION

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

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

 

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

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

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

 

 

Cross Reference:      404  Employee Conduct and Appearance

                               407  Licensed Employee Termination of Employment

 

Approved:    3/10/97                              Reviewed:   3/99

                                                                                1/02

                                                                                 5/06

                                                                                 4/11

407.6 Licensed Employee Early Retirement

Licensed Employee Early Retirement Plan

Early Retirement Plan:  2013-14 School Year:

This Early Retirement Plan applies to certified teaching staff, nurses, administrators and professional support and classified staff who are 12 month, 260 day contracted employees. This plan will be offered through February 28, 2014 to be paid out beginning October 20, 2014.  Any eligible employee who has not committed their participation in the plan prior to February 28, 2014 will lose their opportunity to participate in the upcoming year.   The Estherville Lincoln Central Board will not look at an early retirement plan again until December 2015 for the 2016-17 school year or for the FY 17 OR if unforeseen financial need arises prior to FY 17.

Purpose:

•    Provides financial advantages for those persons who are near a personal decision to retire.

•    Enables necessary staffing modification to take place without disrupting careers of those who do not wish to leave the classroom.

•    Provides an orderly means for employees to initiate retirement.

•    This rewards employees for satisfactory service to the District.

•    Facilitates a continuing blend of experienced and less-experienced employees.

•    Facilitates a cost savings to the District.

Eligibility

•    Must have completed a minimum of 7 years of continuous service to the Estherville Lincoln Central School District or its predecessors Lincoln Central Community School District and Estherville Community School District.

•    Employee must be the minimum age of 55 on or before June 30, 2014.

Application Procedure

The date of retirement for eligible employees will generally be the end of the school/contract term (June 30, 2014).  However, another date may be agreed upon by the eligible employee and Superintendent and, subsequently, approved by the Board.

  1. Application materials must include the following forms:
    1. Resignation and Request for Retirement from all employment assignments (teaching, coaching, directorship, ect.)
    2. Designation of Beneficiary Form
    3. Release of Claim
    4. Agreement Not to Reapply for Employment.  This agreement does not prohibit the School District from offering employment to the employee in the future.
  2. The Superintendent must receive all application materials not later than 4:00 p.m., on February 28, 2014.
  3. An employee’s application for early retirement benefits is not, in itself, a resignation of a contract with the School District nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of his/her continuing contract or letter of assignment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.                                                                                                        Page 1 of 2

 

Benefits:

An employee who has reached the personal decision to retire may elect the following Early Retirement Benefit:

One-half of the employee’s current salary. This does not include any other monies the employee may receive such as extra duty increments or supplemental pay contracts. 

 

Note:  Retirees may elect to purchase health insurance under the district’s plan until the employee is Medicare eligible

Benefit Pay Out:

•    Total dollars payable over one year and two payments.  Payments will occur on October 20, 2014 and April 20, 2015.  Payments will be made to a Special Payment Plan and may be withdrawn from the Special Payment Plan at anytime by the retiree.

 

 

Revised: 12/13                                                Reviewed:  04/14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

407.6E1 Resignation and Request for Early Retirement

RESIGNATION AND REQUEST FOR EARLY RETIREMENT

 

I, ___________________________________, born on _______________________, hereby submit my resignation to the Board of Directors of the Estherville Lincoln Central School District and request the early retirement benefit package offered to employees in the Estherville Lincoln Central School District with the payout being placed in a Special Payment Plan for my withdrawl.

I commenced continuous service in the Estherville Lincoln Central School District, or one of its predecessor school districts, on ____________________ and I am _______ years old, thereby meeting the plan’s age at retirement requirement.

 

 

Print Full Name: _____________________________________________________

 

____________________________________________                                ________________

Signature                                                                                                                                                  Date

 

 

 

To be completed by the Board of Director’s Secretary

 

The resignation and request for early retirement was accepted by the Board of Directors on the _______ day of _____________________, 2014, by action as noted in the minutes of the Board.

 

______________________________________________

Secretary of the Board of Directors

Estherville Lincoln Central School District

 

 

 

Revised: 12/13                                                                                    Reviewed:  04/14

 

407.6E2 Designation fo Beneficiary

DESIGNATION OF BENEFICIARY

 

If the Board of Directors approves my application for early retirement benefits and I die before I receive the cash payment provided by the Early Retirement Plan, I direct the Board of Directors to make the payment to:

 

 

 

 

_____________________________________________________________________________

(Print Full Name of Beneficiary)

 

 

 

Print Full Name of Employee _____________________________________________________

 

 

 

____________________________________________                                ________________

Employee Signature                                                                                                                                 Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised: 12/13                                                                                    Reviewed:  04/14

 

407.6E3 Release of Claim

RELEASE OF CLAIM

 

Estherville Lincoln Central School District (the “School District”) and   _________________________________________ (“Employee”) agree as follows:

 

  1. In consideration of the benefits to be provided to him/her in accordance with the Early Retirement Plan, Employee agrees to immediately sign and submit a letter of resignation to the be effective on ______________________________, 2014.

 

  1. Employee is advised that he/she has the right to consult with an attorney prior to signing this Agreement.

 

  1. Employee hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District.

 

  1. Employee agrees that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

 

 

 

____________________________________________                                                                                            ________________

Estherville Lincoln Central School District Signature                                                                                               Date

 

 

____________________________________________                                                                                               ________________

Witness Signature                                                                                                                                                    Date

 

 

____________________________________________                                                                                                ________________

Employee Signature                                                                                                                                                 Date

 

 

____________________________________________                                                                                                 ________________

Witness Signature                                                                                                                                                    Date

 

 

 

 

 

Revised 12/13                                                                         Reviewed:  04/14

                                                                                                            

407.6E4 Agreement Not to Seek Re-employment

AGREEMENT NOT TO SEEK RE-EMPLOYMENT

 

In consideration of the benefits that will be provided to me by the Estherville Lincoln Central School District through its Early Retirement Plan, I hereby agree not to apply for or seek employment with the Estherville Lincoln Central School District at any time in the future.  It is understood that this Agreement does not apply to substitute teaching.

 

 

 

Print Full Name of Employee _____________________________________________________

 

 

 

____________________________________________                                                                             ________________

Employee Signature                                                                                                                                 Date

 

 

 

____________________________________________                                                                                           ________________

Witness Signature                                                                                                                                                    Date

 

 

 

 

 

 

 

 

 

 

 

                                

408 Licensed Employee Professional Growth

408.2 Licensed Employee Publication or Creation Of Materials

LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:         Iowa Code § 279.8 (1995).

 

Cross Reference:        401.2  Employee Conflict of Interest

                                  606.4  Student Production of Materials and Services

 

 

Approved:   3/10/97                                Reviewed:   3/99

                                                                                1/02

                                                                                  5/06

                                                                                4/11

                                                                                  10/14

408.3 Licensed Employee Tutoring

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 (1995).

Cross Reference:        401.2  Employee Conflict of Interest

                                  402.6  Employee Outside Employment

 

Approved:    3/19/97                              Reviewed:   3/99

                                                                              1/02

                                                                               5/06

                                                                              4/11

                                                                               10/14

 

409 Licensed Employee Vacations and Leaves of Absence

409.3 Employee Family and Medical Leave

EMPLOYEE FAMILY AND MEDICAL LEAVE

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

Paid leave available to the employee will run concurrently with the family and medical leave, as outlined in the family and medical leave administrative rules.

Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.

Employees shall be required to complete all necessary family and medical leave act documentation in order for any leave to be approved as family and medical leave.  The required documentation shall be as outlined in this policy and as required by the Department of Labor.  All documentation and forms shall be made available in the administrative offices of each building.

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

 

 

 

 

Approved: 08/2015                             Reviewed:  08/2015                           Revised: 08/2015                                               

409.3E1 Family and Medical Leave to Employees

 

FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 
  Text Box: YOUR RIGHTS<br />
UNDER THE<br />
FAMILY AND MEDICAL LEAVE ACT OF 1993</p>
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Basic Leave Entitlement        

 

 

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

•  for incapacity due to pregnancy, prenatal medical care or child birth;

•  to care for the employee’s child after birth, or placement for adoption or foster care;

•  to care for the employee’s spouse, son, daughter, or parent, who has a serious health condition; or

•  for a serious health condition that makes the employee unable to perform the employee’s job.

Military Family Leave Entitlements 

Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies.  Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.  A covered service member is (1) 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*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.

Benefits and Protection                     

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Job Eligibility Requirements 

Employees are eligible if they have worked for a covered employer for at least 12 months, for 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.

*Special hours of service eligibility requirements apply to airline flight crew employees.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave  

An employee does not need to use this leave entitlement in one block.  Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

Employee Responsibilities                                      

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.  When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

•  interfere with, restrain, or deny the exercise of any right provided under FMLA;

•  discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement                                                              

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.  Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.

For additional information:

1-866-4US-WAGE (1-866-487-9243)

TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

 

U.S. Department of Labor

Wage and Hour Division

WHD Publication 1420

Revised February

409.3E2 Family and Medical Leave Request Form

FAMILY AND MEDICAL LEAVE REQUEST FORM

 

Date:   ______________________________________                                               

 

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

 

                   for the birth of my child;

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

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

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

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

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

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

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

 

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

 

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

 

I request that my family and medical leave begin on                                     and I request leave as follows:  (check one)

 

                 continuous

 

       I anticipate that I will be able to return to work on                                         .

      

                 intermittent leave for the:

 

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

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

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

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

 

              Details of the needed intermittent leave:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________                                                                                                                                    

Code No. 409.3E2

 

FAMILY AND MEDICAL LEAVE REQUEST FORM

 

I anticipate returning to work at my regular schedule on                                    .

 

                 reduced work schedule for the:

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

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

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

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

 

                        Details of needed reduction in work schedule as follows:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________                                                                                                                                    

 

I anticipate returning to work at my regular schedule on                                    .

 

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

 

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

 

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

 

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

 

Signed                                                                                    

 

Date                              

 

Approved:       08/2015   Reviewed:    08/2015           Revised: 08/2015

 

409.3R1 Family and Medical Leave Regulation

FAMILY AND MEDICAL LEAVE REGULATION

A.        District Notice.

            1.    The school district will post the family and medical leave notice 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 district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

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

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

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

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

B.         Eligible employees.

            1.    Employees are eligible for family and medical leave if three criteria are met.

a.     The district has more than fifty (50) employees on the payroll at the time leave is requested;

b.    The employee has worked for the school district for at least twelve (12) months or fifty-two (52) weeks (the months and weeks need not be consecutive); and

c.     The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

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

C.      Employee Requesting Leave (two types of leave)

          1.       Foreseeable family and medical leave.

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

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

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

          2.       Unforeseeable family and medical leave.

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

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

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

D.      Eligible family and medical leave determination.

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

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

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

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

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

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

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

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

3.         Medical certification.

                   a.       When required:

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

                             ii.       Employees 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; and/or

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

                   b.       Employee's medical certification responsibilities:

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

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

                             iii.      If the second health care provider disagrees with the first health care provider, then the 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 district and paid for by the district.  This certification or lack of certification is binding upon both the employee and the district.

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

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

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

E.      Entitlement.

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

          2.       Year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave.

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

                  a.       Deny the leave if entitlement is exhausted;

                   b.       Award leave available; and/or

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

F.       Type of Leave Requested.

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

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

                   a.       Intermittent leave is available for:

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

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

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

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

                   b.       In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the district’s operations.

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

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

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

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

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

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

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

                   b.       In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the district’s operations.

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

G.      Special Rules for Instructional Employees.

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

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

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

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

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

                   a.       If an instructional employee begins family and medical leave for any purpose more than five (5) weeks before the end of a semester, the district may require that the leave be continued until the end of the semester if the leave will last at least three (3) weeks and the employee would return to work during the last three (3) 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 (5) weeks of a semester, the district may require that the leave be continued until the end of the semester if the leave will last more than (2) two weeks and the employee would return to work during the last two (2) weeks of the semester.

                   c.       If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three (3) weeks of the semester and the leave will last more than five (5) working days, the 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 district will continue to fulfill the 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 district at a time set by the superintendent.

          3.       An employee who fails to make the health care contribution payments within thirty (30) days after they are due will be notified that their coverage may be canceled if payment is not received within an additional (15) fifteen days.

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

          5.       The employee must notify the district of the employee's intent to return to work at least once each month during their leave and at least two (2) weeks prior to the conclusion of the family and medical leave.

          6.       If an employee intends not to return to work, the employee must immediately notify the district, in writing, of the employee's intent not to return.  The district will cease benefits upon receipt of this notification.

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

1.         An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.

2.         An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.

3.         An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.

4.         An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for prior to the first anniversary of the placement of a child with the employee for adoption or foster care is unpaid.

5.         When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Approved:                                  Reviewed:                                       Revised:

 

08/2015                                         08/2015                                         08/2015

 

 

409.3R2 Family and Medical Leave Definitions

FAMILY AND MEDICAL LEAVE DEFINITIONS

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.

Continuing treatment by a health care provider - one or more of the following:

•   The employee or family member in question is treated two or more times for the injury or illness by a health care provider.  Normally this would require visits to the health care provider or to a nurse or physician's assistant under direct supervision of the health care provider.

•   The employee or family member is treated for the injury or illness two or more times by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or is treated for the injury or illness 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--for example, a course of medication or therapy--to resolve the health condition.

•   The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured.  Examples include persons with Alzheimer's, persons who have suffered a severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment.

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 or 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 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 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.

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 non-instructional 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 for periods from an hour or more to several weeks.

"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.

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 work week, or hours per workday, of an employee.

Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:

•   Any period of incapacity or treatment in connection with or consequent to impatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;

•   Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or

•   Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; and for prenatal care.

•   Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) which are not medically necessary are not "serious health conditions," unless inpatient hospital care is required.  Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Treatments for allergies or stress, or for substance abuse, are serious health conditions if all the conditions of the regulation are met.  Prenatal care is included as a serious health condition.  Routine preventive physical examinations are excluded.

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse-a husband or wife recognized by Iowa law including common law marriages.

 

 

 

 

 

 

Approved:                               Reviewed:                                Revised:

08/2015                                   08/2015                                   08/2015

 

 

 

409.5 Licensed Employee Political Leave

LICENSED EMPLOYEE POLITICAL LEAVE

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

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

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

 

 

 

 

 

 

Legal Reference:         Iowa Code ch. 55 (1995).

 

 

Cross Reference:        401.9  Employee Political Activity

                                  409    Licensed Employee Vacations and Leaves of Absence

 

 

Approved:    3/10/97                               Reviewed:    4/99   

                                                                                 2/02

                                                                                 5/06

                                                                                 4/11

                                                                                  10/14

 

409.7 Licensed Employee Military Service Leave

LICENSED EMPLOYEE MILITARY SERVICE LEAVE

The Board recognizes licensed employees may be called to participate in the armed forces, including the national guard.  If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

                                  Iowa Code §§ 20; 29A.28 (1995).

 

Cross Reference:        409  Licensed Employee Vacations and Leaves of Absence

 

Approved:   3/10/97                               Reviewed:    4/99

                                                                                2/02

                                                                                5/06

                                                                               4/11

                                                                                  10/14

 

410 Other Licensed Employees

410.1 Substitute Teachers

SUBSTITUTE TEACHERS

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

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

Substitute teachers will be paid a per diem rate.  Substitutes employed for 15 or more consecutive days in the same position shall be paid according to the prevailing salary schedule based upon qualifications and experience.   Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

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

                                  Iowa Code §§ 20.1, .4(5), .9 (1995).

                                  281 I.A.C. 12.4.

 

 

Cross Reference:        405.1  Licensed Employee Defined

                                  405.2  Licensed Employee Qualifications, Recruitment,

                                            Selection

 

 

Approved:   3/10/97                               Reviewed:    4/99  

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                12/14

 

410.2 Summer School Licensed Employees

SUMMER SCHOOL LICENSED EMPLOYEES

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

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

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

 

Legal Reference:         Iowa Code §§ 279.8; 280.14 (1995).

 

 

Cross Reference:        603.2  Summer School Instruction/Master Contract

 

 

Approved:   3/10/97                               Reviewed:    4/99 

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                12/14

 

 

410.3 Truancy Officer

TRUANCY OFFICER

 

The Board shall appoint a qualified person to serve as the district’s truancy officer.

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

 

 

Legal Reference:         Iowa Code §§ 299.10-.11, .15 (1995).

 

Cross Reference:        501.10  Truancy - Unexcused Absences

 

Approved:   3/10/97                            Reviewed:   4/99

                                                                           3/02

                                                                           5/06

                                                                           4/11

                                                                            12/14

410.4 Education Aide

EDUCATION AIDE

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

          ·           managing and maintaining records, materials and equipment;

          ·           attending to the physical needs of children; and

          ·           performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

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

 

 

Legal Reference:         Iowa Code §§ 279.8; 280.3, .14 (1995).

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

 

Cross Reference:        411.2  Classified Employee Qualifications, Recruitment,

                                             Selection

 

 

Approved:   3/10/97                               Reviewed:   4/99

                                                                              3/02

                                                                              5/06

                                                                              4/11

                                                                               12/14

 

411 Classified Employees - General

411.1 Classified Employee Defined

CLASSIFIED EMPLOYEE DEFINED

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

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

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

 

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

 

Cross Reference:        405.1  Licensed Employee Defined

                                  411.2  Classified Employee Qualifications, Recruitment,

                                             Selection

                                  412.3  Classified Employee Group Insurance Benefits

 

Approved:   3/10/97                            Reviewed:    4/99  

                                                                             3/02

                                                                             5/06

                                                                            4/11

                                                                              1/15

 

411.2 Classified Employee-Qualifications, Recruitment, Selection

CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

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

                      ·           Training, experience, and skill;

                      ·           Nature of the occupation;

                      ·           Demonstrated competence; and

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

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

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

 

 

 

 

 

 

Legal Reference:         29 U.S.C. §§ 621-634 (1988).

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

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

                                  Iowa Code §§ 35C; 216; 279.8; 294.1 (1995).

 

 

Cross Reference:        401.1  Equal Employment Opportunity

                                  411    Classified Employees - General

 

 

Approved:   3/10/97                               Reviewed:    4/99  

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                 1/15

411.3 Classified Employee Contracts/Letters of Assignment

CLASSIFIED EMPLOYEE CONTRACTS/LETTERS OF ASSIGNMENT

The Board may enter into written contracts/letters of assignment with classified employees employed on a regular basis.  The document will state the terms of employment.

Each document shall include a fourteen day cancellation clause. Either the employee or the Board must give notice of the intent to cancel the document at the end of fourteen days. This notice will not be required when the employee is terminated during a probationary period or for cause.

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts/letters of assignment and present them to the Board for approval. The contracts/letters of assignment, after being signed by the board president, shall be filed with the board secretary.

 

 

 

Legal Reference:         Iowa Code §§ 20; 279.7A; 285.5(9) (1995).

 

Cross Reference:        411    Classified Employees - General

                                  412.1  Classified Employee Compensation

                                  412.2  Classified Employee Wage and Overtime Compensation

                                  413    Classified Employee Termination of Employment

 

Approved:   3/10/97                               Reviewed:    4/99                             Revised:  5/06

                                                                                3/02                                          

                                                                                4/11

                                                                                    1/15

411.4 Classified Employee Licensing/Certification

CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

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

 

Legal Reference:         Iowa Code §§ 272.6; 285.5(9) (1995).

                                  281 I.A.C. 12.4(10); 36; 43.12-.24.

 

Cross Reference:        411.2  Classified Employee Qualifications, Recruitment,

                                             Selection

 

Approved:    3/10/97                                                               Reviewed:     4/99 

                                                                                                                  3/02

                                                                                                                  5/06

                                                                                                                  4/11

                                                                                                                    1/15

 

 

 

411.5 Classified Employee Assignment

CLASSIFIED EMPLOYEE ASSIGNMENT

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

It shall be the responsibility of the superintendent to assign classified employees and report such assignments to the Board.

 

 

 

 

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

 

Cross Reference:        200.2  Powers of the Board of Directors

                                  411.6  Classified Employee Transfers

 

Approved:    3/10/97                           Reviewed:    4/99

                                                                             3/02

                                                                             5/06

                                                                             4/11

                                                                              1/15

 

 

411.6 Classified Employee Transfers

CLASSIFIED EMPLOYEE TRANSFERS

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

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

It shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the Board.

 

Legal Reference:         29 U.S.C. §§ 621-634 (1988).

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

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

                                  Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (1995).

 

 

Cross Reference:        411.2  Classified Employee Qualifications, Recruitment,

                                             Selection

                                  411.5  Classified Employee Assignment

 

Approved:    3/10/97                           Reviewed:    4/99 

                                                                             3/02

                                                                             5/06

                                                                             4/11

                                                                                 1/15

 

411.7 Classified Employee Evaluation

CLASSIFIED EMPLOYEE EVALUATION

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

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

 

 

 

Legal Reference:         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 (1995).

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

 

Cross Reference:        411.2  Classified Employee Qualifications, Recruitment, Selection

                                  411.8  Classified Employee Probationary Status

 

 

 

 

 

Approved:    3/10/97                              Reviewed:    4/99 

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                   1/15

 

411.8 Classified Employee Probationary Status

CLASSIFIED EMPLOYEE PROBATIONARY STATUS

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

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

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

 

 

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

 

Cross Reference:        411.3  Classified Employee Contracts

                                  411.7  Classified Employee Evaluation

 

Approved:    3/10/97                              Reviewed:    4/99 

                                                                                3/02

                                                                                5/06

                                                                                4/11

                                                                                  1/15

412 Classified Employee Compensation and Benefits

412.1 Classified Employee Compensation

CLASSIFIED EMPLOYEE COMPENSATION

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

It shall be the responsibility of the superintendent to make a recommendation to the Board annually regarding the compensation of classified employees.

 

 

 

 

 

 

 

 

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

 

Cross Reference:        411.3  Classified Employee Contracts

                                  412.2  Classified Employee Wage and Overtime

                                               Compensation

 

Approved:   3/10/97                               Reviewed:    5/99

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                  3/15                                                    

 

412.2 Classified Employee Wage and Overtime Compensation

CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

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

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

It is the responsibility of the board treasurer 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. (1988).

                                  29 C.F.R. Pt. 511-800 (1993).

 

Cross Reference:        411.3  Classified Employee Contracts

                                  412.1  Classified Employee Compensation

 

Approved:   3/10/97                               Reviewed:    5/99

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                 3/15

412.3 Classified Employee Group Insurance Benefits

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 shall select the group insurance program and the insurance company which will provide the program.

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

The district will provide assistance towards the purchase of single medical insurance to each full-time employee who works 30 or more hours per week and 1,080 hours per nine months in-accordance with the employee’s classification area and the school district’s insurance plan.

 

Legal Reference:         Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (1995).

Cross Reference:        411.1  Classified Employee Defined

 

Approved:   3/10/97                               Revised:    5/99                                     Reviewed:  5/06

                                                                             4/02                                                       4/11

                                                                                                                                               3/15

412.4 Classified Employee Tax Shelter Programs

CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

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

Classified employees wishing to have payroll deductions for tax sheltered annuities shall make a written request to the business office.

 

 

 

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 §§ 20.9; 260C; 273; 294.16 (1995).

                                  1988 Op. Att'y Gen. 38.

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

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

 

 

Cross Reference:        706  Payroll Procedures

 

 

 

 

Approved:   3/10/97                               Revised:    5/99                               Reviewed:    5/06

                                                                             5/06

                                                                             4/11

                                                                                 3/15

 

 

413 Classified Employee Termination of Employment

413.1 Classified Employee Resignation

CLASSIFIED EMPLOYEE RESIGNATION

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:         Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (1995).

Cross Reference:        411.3  Classified Employee Contracts

                                  413    Classified Employee Termination of Employment

 

Approved:   3/10/97                               Reviewed:    5/99

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                  5/15

 

413.2 Classified Employee Retirement

CLASSIFIED EMPLOYEE RETIREMENT

Classified employees who will complete their current contract with the Board may apply for retirement.  No classified employee will be required to retire at any specific age.

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

Board action to approve a classified employee's application for retirement shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

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

 

Legal Reference:         29 U.S.C. §§ 621 et seq. (1988).

                                  Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1995).

                                  581 I.A.C. 21.

                                  1978 Op. Att'y Gen. 247.

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

 

Cross Reference:        401.8  Recognition for Service of Employees

 

Approved:   3/10/97                               Reviewed:    5/99

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                   5/15

413.3 Classified Employee Suspension

CLASSIFIED EMPLOYEE SUSPENSION

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

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

 

 

 

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

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

                                  Iowa Code §§ 20.7, .24 (1995).

 

Cross Reference:        404  Employee Conduct and Appearance

                                  413  Classified Employee Termination of Employment

 

Approved:   3/10/97                               Reviewed:   5/99

                                                                              3/02

                                                                              5/06

                                                                              4/11

                                                                                    5/15

413.4 Classified Employee Dismissal

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 shall be followed.

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

 

 

Legal Reference:         Iowa Code §§ 20.7, .24 (1995).

 

Cross Reference:        404    Employee Conduct and Appearance

                                  413.3  Classified Employee Suspension

                                  413.5  Classified Employee Reduction in Force

 

Approved:   3/10/97                               Reviewed:    5/99

                                                                                3/02

                                                                                5/06

                                                                               4/11

                                                                                   5/15

 

 

413.5 Classified Employee Reduction in Force

CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the Board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force shall be given thirty days notice.  Due process will be followed for terminations due to a reduction in force.

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

 

 

Legal Reference:         Iowa Code §§ 20.7, .24 (1995).

Cross Reference:        407.5  Licensed Employee Reduction in Force

                                  413.3  Classified Employee Suspension

                                  413.4  Classified Employee Dismissal

                                  703    Budget

 

Approved:   3/10/97                                                                 Reviewed:     5/99

                                                                                                                  3/02

                                                                                                                  5/06

                                                                                                                  4/11

                                                                                                                    5/15

414 Classified Employee Vacations and Leaves of Absence

414.1 Classified Employee Vacations/Holidays

   

CLASSIFIED EMPLOYEE VACATIONS/HOLIDAYS

After one full year of employment, each classified employee contracted for 260 days is eligible for two weeks paid vacation according to the following schedule:

                                  1 year - 5 years ………………..        10 days/80 Hours

                                  6 years - 10 years ……………..        15 days or 100 Hours

                                  After 10 years ………………….        20 days or 120 Hours

 

Vacation days are granted after completion of the year listed above.  (ie. 10 days after completion of the first through the fifth year, 15 days after completion of the sixth through the tenth years, and 20 days after completion of the eleventh year.)

The vacation schedule must have advance approval by the superintendent of schools or his/her designee.

Twelve month employees are paid for a regular work day for each of the following holidays:  New Years Eve, New Years Day, Good Friday, Memorial Day, July 4th, Labor Day, President’s Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve, and Christmas Day.  If one or more of these holidays fall on a non-work day, the employee is given a work day off with pay. 

 

 

Cross Reference:        Custodian/Maintenance Master Contract

 

Adopted:    12/5/88                            Revised:    1/13/92                          Reviewed:    4/02

                                                                               5/99                                              4/11

                                                                              5/06                                                  7/15

414.2 Classified Employee Personal Illness/Injury Leave

CLASSIFIED EMPLOYEE PERSONAL ILLNESS/INJURY LEAVE

Sick Leave

Full pay will be granted to employees of the Estherville Lincoln Central Community Schools for a personal illness or injury only according to the following schedule:

                      1st year of employment ………………………….         10 days

                      2nd year of employment …………………………          11 days

                      3rd year of employment ………………………….         12 days

                      4th year of employment ………………………….         13 days

                      5th year of employment ………………………….         14 days

                      6th and subsequent years of employment …….         15 days

If there should be unused portions of sick leave in any one year, it shall be cumulative up to a maximum of 120 days.  Illness of more than three days may be asked to be verified by the attending physician.  A “day” is defined as one work day regardless of full or part-time status.

Sick leave will apply whenever an employee’s absence is due to temporary disability including pregnancy.  Up to three days of accrued sick leave per year may be used for the home care of an ill family member residing in the immediate household of the employee. 

 

 

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

                                  26 U.S.C. § 2601 et seq. (Supp. 1993)

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

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

                                  1980 Op. Att'y Gen. 605.

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

                                  1952 Op. Att'y Gen. 91.

 

Cross Reference:        403.2  Employee Injury on the Job

                                  414.3  Classified Employee Family and Medical Leave

                                  414.8  Classified Employee Unpaid Leave

 

Adopted:   12/5/88                                Revised:    12/5/88                    Reviewed:    4/02

                                                                                  5/99                                        4/11

                                                                                 5/06                                            7/15

414.3 Classified Employee Family and Medical Leave

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to twelve (12) weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as the twelve (12) month period measured forward from the date an employee’s first family and medical leave begins.  Requests for family and medical leave shall be made to the superintendent.

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

 

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

                                  26 U.S.C. § 2601 et seq. (Supp. 1993)

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

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

                                  1980 Op. Att'y Gen. 605.

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

                                  1952 Op. Att'y Gen. 91.

 

Cross Reference:        409.2  Licensed Employee Personal Illness Leave

                                  409.8  Licensed Employee Unpaid Leave

                                  414.3  Classified Employee Family and Medical Leave

 

Approved:   3/97                  Revised:    7/98                           Reviewed:    4/02   

                                                            6/99                                              5/06

                                                                                                                 4/11

                                                                                                                      7/15

 

414.3E1 Classified Employee Family and Medical Leave Notice To Employees

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 

YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to “eligible” employees for certain family and medical reasons.  Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

REASONS FOR TAKING LEAVE:

Unpaid leave must be granted for any of the following reasons:

  • to care for the employee’s child after birth, or placement for adoption or foster care;
  • to care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
  • for a serious health condition that makes the employee unable to perform the employer’s job.

At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave.

ADVANCE NOTICE AND MEDICAL CERTIFICATION:

The employee may be required to provide advance leave notice and medical certification.  Taking of leave may be denied if requirements are not met.

  • The employee ordinarily must provide 30 days advance notice when the leave is “foreseeable.”
  • An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and fitness for duty report to return to work.

JOB BENEFITS AND PROTECTION:

  • For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”
  • Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, and other employment terms.
  • The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

UNLAWFUL ACTS BY EMPLOYERS:

FMLA makes it unlawful for any employer to:

  • interfere with restrain, or deny the exercise of any right provided under FMLA;
  • discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

ENFORCEMENT:

  • The U.S. Department of Labor is authorized to investigate and resolve complaints of violation.
  • An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any state or local law collective bargaining agreement which provides greater family or medical leave rights.

 

FOR ADDITIONAL INFORMATION:

Contact the nearest office of Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.

 

414.3E2 Classified Employee Family and Medical Leave Request Form

414.3E3 Classified Employee Family and Medical Leave Certification Form

414.3E4 Classified Employee Family and Medical Leave Worksheet

414.3R1 Classified Employee Family Medical Leave Regulation

CLASSIFIED 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 wheter the leave qualifies as fmaily 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.

1.      Employee becomes eligible upon date of hire.

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 forseeable leave.  Failure to give the notice may reslut in the leave beginning thirty days  after notice 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 healt care provider.

          2.       Unforeseeable family and medical leave.

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

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

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

D.      Eligible family and medical leave determination.

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

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

                   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.

          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 shall be denied until such certification is provided.

E.      Entitlement.

          1.       Employees are entitled to twelve weeks unpaid family and medical leave per year.

          2.       Year is defined as rolling, which is measured forward from the first day leave is used.

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

                   a.       Deny the leave if entitlement is exhausted

                   b.       Award leave available

F.       Type of Leave Requested.

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

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

                   a.       Intermittent 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.)

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

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

                             (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 the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

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

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

H.      Employee responsibilities while on family and medical leave.

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

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

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

          1.       An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee shall be unpaid.

          2.       An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member shall be unpaid.

          3.       An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth shall be unpaid.

          4.       An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for the child prior to the first anniversary of the child's placement or adoption shall be unpaid.

 

Approved:   3/97                           Revised:    7/98                           Reviewed:   6/99

                                                                                                                    4/02

                                                                                                                    5/06

                                                                                                                    4/11

                                                                                                                           7/15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

414.3R2 Classified Employee Family and Medical Leave Definitions

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

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.

Continuing treatment by a health care provider-one or more of the following:

·         The employee or family member in question is treated two or more times for the injury or illness by a health care provider.  Normally this would require visits to the health care provider or to a nurse or physician's assistant under direct supervision of the health care provider.

·         The employee or family member is treated for the injury or illness two or more times by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or is treated for the injury or illness 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--for example, a course of medication or therapy--to resolve the health condition.

·         The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured.  Examples include persons with Alzheimer's, persons who have suffered a severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment.

Eligible Employee-employee becomes eligible upon date of hire.

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 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.

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 non-instructional 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.

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:

·         Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;

·         Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or

·         Continuing treatment by (or under the supervision of) a health car provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; and for prenatal care.

·         Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) which are not medically necessary are not "serious health conditions," unless inpatient hospital care is required.  Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Treatments for allergies or stress, or for substance abuse, are serious health conditions if all the conditions of the regulation are met.  Prenatal care is included as a serious health condition.  Routine preventive physical examinations are excluded.

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse-a husband or wife recognized by Iowa law including common law marriages.

 

Approved:   3/97                                   Revised:    7/98                               Reviewed:  4/02

                                                                                                                                    5/06

                                                                                                                                    4/11

                                                                                                                                           7/15

 

 

414.5 Classified Employee Political Leave

CLASSIFIED EMPLOYEE POLITICAL LEAVE

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

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

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

 

Legal Reference:         Iowa Code ch. 55 (1995).

 

 

Cross Reference:        401.9  Employee Political Activity

                                  414    Classified Employee Vacations and Leaves of  Absence

 

Approved:    3/10/97                              Reviewed:    6/99   

                                                                                4/02

                                                                                5/06

                                                                                4/11

                                                                                  7/15

414.7 Classified Employee Military Service Leave

CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

The Board recognizes classified employees may be called to participate in the armed forces, including the national guard.  If a classified employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

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

 

 

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

                                  Iowa Code §§ 20; 29A.28 (1995).

 

Cross Reference:        414     Classified Employee Vacations and Leaves of                                                                               Absence

Approved:   3/10/97                               Reviewed:    6/99    

                                                                               4/02       

                                                                                5/06

                                                                               4/11

                                                                                   7/15

 

 

414.8 Classified Employee Unpaid Leave

CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent.  Whenever possible, classified employees shall make a written request for unpaid leave five days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

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

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

 

 

 

 

 

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

 

Cross Reference:        414   Classified Employee Vacations and Leaves of                                                                               Absence

 

Approved:   3/10/97                               Reviewed:    6/99  

                                                                                4/02

                                                                                5/06

                                                                                4/11

                                                                                   7/15

414.9 Classified Employee Professional Purposes Leave

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 5 days prior to the meeting or conference.

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

 

Legal Reference:         Iowa Code § 279.8 (1995).

 

 

Cross Reference:        408.1  Licensed Employee Professional Development

                                  411    Classified Employees - General

                                 

 

Approved:   3/10/97                               Reviewed:   6/99

                                                                              4/02

                                                                              5/06

                                                                              4/11

                                                                                   7/15

 

428.1 Consolidated Omnibus Budget Reconciliation Act Regulations