Policy 100: Legal Status of the School District                

Iowa law authorizes the creation of a Common Schools System. As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law. This school district is known as the South Tama County Community School District. 

This school corporation is located in Tama County, and its affairs are conducted by elected school officials, the South Tama County Community School District Board of Directors. This school corporation has exclusive jurisdiction over school matters in the territory of the school district. 

 

Legal Reference: Iowa Code §§ 274.1, .2, .6, .7; 279.8; 594A. 

 

I.C. Iowa Code Description 

Iowa Code § 274.1 Legal Status 

Iowa Code § 274.6 School Districts - Names 

Iowa Code § 279.8 Directors - General Rules - Bonds of Employees 

Iowa Code § 280.12 Uniform School Requirements - School Improvement Advisory Committee Iowa Code § 594A School Corporations Cross References Code Description 

 

Approved: 6/21/22

Reviewed: 6/21/22

Revised: 6/21/22

 

Policy 101: Educational Philosophy of the School District             

As a school corporation of Iowa, the School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students. The board’s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student’s parents and school district community. The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to, and encourages critical thinking in, the students for a lifetime. 

The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals. In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity. 

Instruction and curriculum are the key elements of a public education. Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum. The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning. 

The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district. The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority. 

The Board believes that excellence in education means success for all students. It is the philosophy of the district to identify student outcomes, to organize the instructional program to help students achieve those outcomes, and to assess attainment of those outcomes. The Board believes that students must be active participants in the learning process. That students helping students is a powerful educational force. That students need to apply the knowledge and skills they are learning. That students must think globally, but act locally. And that students are responsible for learning while teachers help to make it happen. 

The Board believes that students of today are in preparation for the future and will: acquire, comprehend, and apply knowledge which will be necessary for fulfillment and achievement in life; develop and establish skills, attitudes and concepts which will enable the student to become a life-long learner, initiate and sustain relationships based on respect and a sense of mutual responsibility, adapt to and create change, and build an awareness of and confidence in self. 

The Board believes that students will use acquired skills through a variety of settings for assessment including: writing samples, observations in realistic situations, self-assessment, standardized tests, individual and group demonstrations, and teacher-made tests over content. The Board believes that students will show progress through assessment which: will be an important part of everyday learning, involves student performances that demonstrate progress toward specific goals, clearly states expectations to each student, and creates a picture of what each student knows, what each student can do, and what each student can be. 

The Board believes that students will possess knowledge, skills, and abilities in Language Arts, Science, Social Studies, Math, Reading, Fine Arts, Motor Skills, Guidance, Special Education, Vocational, and Communication. For all these areas, the teachers and administrators are working to: identify the most critical skills each child needs to acquire, identify the level at which each child learns the skills and abilities, identify the areas of knowledge essential for each child to know, create a curriculum that meets all of the State of Iowa guidelines, and create a curriculum that allows each student at STC to develop to their fullest potential. 

 

Legal Reference: Iowa Code §§ 256.11 

I.C. Iowa Code Description Iowa Code § 256.11 DE - Educational Standards 

 

Approved: 6/21/22

Reviewed: 6/21/22

Revised: 6/21/22

 

 

Policy 102: Equal Educational Opportunity

It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district.  Each student attending school will have the opportunity to use its education program and services as a means for self-improvement and individual growth.  In so doing, the students are expected to conduct themselves in a manner that assures each student the same educational opportunity.

 

The Community School District does not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices.  The belief in equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Samantha Peska, Equity Coordinator, 1702 Harding Street, Tama, Iowa 52339, (641)484-4811, speska@s-tama.k12.ia.us.

 

Board policies, rules and regulations affect students while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.

The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, STC Community School District,Samantha Peska, Equity Coordinator, 1702 Harding Street, Tama, Iowa 52339, (641)484-4811, speska@s-tama.k12.ia.us.

Inquiries by students regarding compliance with equal educational 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, John C. Kluczynski Federal Building, 230 S. Dearborn St., 37th Floor, Chicago, IL, 60604 (312) 730-1560, fax (312) 730-1576 OCR.Chicago@ed.gov, the Iowa Civil Rights Commissioner, 6200 Park Avenue, Suite 100 Des Moines, IA 50321-1270, https://icrc.iowa.gov, (515) 281-4121 or the Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA 50319. (515) 281-5294.  This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

This is a mandatory policy. 

 

  

Legal Reference:

20 U.S.C. §§ 1221 et seq.   20 U.S.C. §§ 1681 et seq.  20 U.S.C. §§ 1701 et seq.  29 U.S.C. § 206 et seq.  29 U.S.C. § 794  42 U.S.C. §§ 2000d and 2000e.  42 U.S.C. §§ 12101 et seq.  34 C.F.R. Pt. 100. 34 C.F.R. Pt. 104. Iowa Code §§ 216.6; 216.9; 256.11; 280.3. 281 I.A.C. 12.

 

Approved: August 1, 2022; January 27, 2025

Reviewed:August 1, 2022

Revised: August 1, 2022

102 E1: Equal Educational Opportunity - Annual Notice of Nondiscrimination

 

The South Tama County Community School District offers career and technical programs in the following areas of study:

1) Agricultural Sciences 

2) Business 

3) Industrial Technology 

 

It is the policy of the Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Samantha Peska, Equity Coordinator, 1702 Harding Street, Tama, IA 52339, (641) 484-4811, speska@s-tama.k12.ia.us. 

 

Approved: January 15, 2024

Reviewed: January 15, 2024

Revised: January 15, 2024

102. E2 - Equal Educational Opportunity - Continuous Notice of Nondiscrimination

It is the policy of the Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Samantha Peska, Equity Coordinator, 1702 Harding Street, 641-484-4811, speska@s-tama.k12.ia.us.

 

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I.C. Iowa Code	Description
Iowa Code § 216.6	Unfair Employment Practices
Iowa Code § 216.9	Unfair/Discriminatory Practices
Iowa Code § 256.11	DE - Educational Standards
Iowa Code § 280.3	Education Program - Attendance Center Requirements

I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12	General Accreditation Standards

U.S.C. - United States Code	Description
20 U.S.C. §§ 1221	Education - FERPA - General Provisions
20 U.S.C. §§ 1681	Education - Sex
20 U.S.C. §§ 1701	Education - EEO
29 U.S.C. § 206	Labor - Minimum Wage
29 U.S.C. §§ 794	Labor - Vocation Rehab Rights
42 U.S.C. § 12101	Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d	Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e	Public Health - EEO Civil Rights - Definitions

C.F.R. - Code of Federal Regulations	Description
34 C.F.R. Pt. 100	Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104	Education - Nondiscrimination on Basis of Handicap

Cross References

Code	Description
101	Educational Philosophy of the School District
104	Anti-Bullying/Harassment Policy
104-R(1)	Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)	Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)	Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)	Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01	Equal Employment Opportunity
502.03	Student Expression and Student Publications Code
502.03-R(1)	Student Expression and Student Publications Code - Regulation
506.01	Education Records Access
506.01-R(1)	Education Records Access - Regulation
506.01-E(1)	Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)	Education Records Access - Authorization for Release of Education Records
506.01-E(3)	Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)	Education Records Access - Request for Examination of Education Records
506.01-E(5)	Education Records Access - Notification of Transfer of Education Records
506.01-E(6)	Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)	Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)	Education Records Access - Annual Notice
603.01	Basic Instruction Program
603.04	Multicultural/Gender Fair Education
802.05	Buildings & Sites Adaptation for Persons with Disabilities

 

Approved: August 1, 2022

Reviewed: August 1, 2022

Revised: August 1, 2022

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

The Community School District does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:

• Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;

• Receipt of free educational services to the extent they are provided students without disabilities:

• Receipt of information about your child and your child's educational programs and activities in your native language;

• Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;

• Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and

• Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Samantha Peska, Equity Coordinator, 1702 Harding Street, Tama, IA 52339, (641) 484-4811, speska@s-tama.k12.ia.us

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I.C. Iowa Code	Description
Iowa Code § 216.6	Unfair Employment Practices
Iowa Code § 216.9	Unfair/Discriminatory Practices
Iowa Code § 256.11	DE - Educational Standards
Iowa Code § 280.3	Education Program - Attendance Center Requirements

I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12	General Accreditation Standards

U.S.C. - United States Code	Description
20 U.S.C. §§ 1221	Education - FERPA - General Provisions
20 U.S.C. §§ 1681	Education - Sex
20 U.S.C. §§ 1701	Education - EEO
29 U.S.C. § 206	Labor - Minimum Wage
29 U.S.C. §§ 794	Labor - Vocation Rehab Rights
42 U.S.C. § 12101	Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d	Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e	Public Health - EEO Civil Rights - Definitions

C.F.R. - Code of Federal Regulations	Description
34 C.F.R. Pt. 100	Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104	Education - Nondiscrimination on Basis of Handicap

Cross References

Code	Description
101	Educational Philosophy of the School District
104	Anti-Bullying/Harassment Policy
104-R(1)	Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)	Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)	Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)	Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01	Equal Employment Opportunity
502.03	Student Expression and Student Publications Code
502.03-R(1)	Student Expression and Student Publications Code - Regulation
506.01	Education Records Access
506.01-R(1)	Education Records Access - Regulation
506.01-E(1)	Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)	Education Records Access - Authorization for Release of Education Records
506.01-E(3)	Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)	Education Records Access - Request for Examination of Education Records
506.01-E(5)	Education Records Access - Notification of Transfer of Education Records
506.01-E(6)	Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)	Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)	Education Records Access - Annual Notice
603.01	Basic Instruction Program
603.04	Multicultural/Gender Fair Education
802.05	Buildings & Sites Adaptation for Persons with Disabilities

 

Approved: August 1, 2022

Reviewed: August 1, 2022

Revised: August 1, 2022

102 R1- Equal Education Opportunity - Grievance Procedures

It is the policy of the Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact,Samantha Peska, Equity Coordinator, 1702 Harding Street, 641-484-4811, speska@s-tama.k12.ia.us.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault). 

 

Filing a Complaint

A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed. 

Investigation 

Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”).  If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following: 

• A request for the Complainant to provide a written statement regarding the nature of the complaint; 

• A request for the individual named in the complaint to provide a written statement; 

• A request for witnesses identified during the course of the investigation to provide a written statement; 

• Interviews of the Complainant, Respondent, or witnesses; 

• An opportunity to present witnesses or other relevant information; and 

• Review and collection of documentation or information deemed relevant to the investigation. 

Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings. 

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class. 

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class. 

 

The decision of the superintendent shall be final. 

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law. 

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available. 

If any of the stated time frames cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible. 

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures. 

 

 

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I.C. Iowa Code	Description
Iowa Code § 216.6	Unfair Employment Practices
Iowa Code § 216.9	Unfair/Discriminatory Practices
Iowa Code § 256.11	DE - Educational Standards
Iowa Code § 280.3	Education Program - Attendance Center Requirements

I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12	General Accreditation Standards

U.S.C. - United States Code	Description
20 U.S.C. §§ 1221	Education - FERPA - General Provisions
20 U.S.C. §§ 1681	Education - Sex
20 U.S.C. §§ 1701	Education - EEO
29 U.S.C. § 206	Labor - Minimum Wage
29 U.S.C. §§ 794	Labor - Vocation Rehab Rights
42 U.S.C. § 12101	Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d	Public Health - Civil Rights - Federally Programs
42 U.S.C. § 2000e	Public Health - EEO Civil Rights - Definitions

C.F.R. - Code of Federal Regulations	Description
34 C.F.R. Pt. 100	Education - Nondiscrimination for Programs
34 C.F.R. Pt. 104	Education - Nondiscrimination on Basis of Handicap

Cross References

Code	Description
101	Educational Philosophy of the School District
104	Anti-Bullying/Harassment Policy
104-R(1)	Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)	Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)	Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)	Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.01	Equal Employment Opportunity
502.03	Student Expression and Student Publications Code
502.03-R(1)	Student Expression and Student Publications Code - Regulation
506.01	Education Records Access
506.01-R(1)	Education Records Access - Regulation
506.01-E(1)	Education Records Access - Request of Nonparent for Examination or Copies of Education Records
506.01-E(2)	Education Records Access - Authorization for Release of Education Records
506.01-E(3)	Education Records Access - Request for Hearing on Correction of Education Records
506.01-E(4)	Education Records Access - Request for Examination of Education Records
506.01-E(5)	Education Records Access - Notification of Transfer of Education Records
506.01-E(6)	Education Records Access - Letter to Parent Regarding Receipt of a Subpoena
506.01-E(7)	Education Records Access - Juvenile Justice Agency Information Sharing Agreement
506.01-E(8)	Education Records Access - Annual Notice
603.01	Basic Instruction Program
603.04	Multicultural/Gender Fair Education
802.05	Buildings & Sites Adaptation for Persons with Disabilities

 

Approved: August 1, 2022

Reviewed: August 1, 2022

Revised: August 1, 2022

103.00  - Long Range Needs Assessment

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectation of students and determine how well students are meeting student learning goals. The board will conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation. 

In conjunction with the in-depth needs assessment of the school district, the board will authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

South Tama County will utilize our School Improvement Advisory Council as our primary source of collaboration with community members and staff to assist with the prioritization of school district needs and programs.  Furthermore, the use of surveys will assist in the process of gathering feedback as needed from the community as well as the staff.  The staff will place an emphasis on using the annual Iowa Performance Profile and our work associated with the Every Student Succeeds Act to further guide our work.

It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators. The superintendent will report annually to the board about the means used to keep the community informed.

As a result of the board and committee's work, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the educational needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.

 

Legal Reference:

Iowa Code §§ 21; 256.7; 280.12. 281 I.A.C. 12.8(1)(b).

 

 

 

Approved: October 14, 2024

Reviewed: October 14, 2024

Revised: February 6, 2023

Regulation 103-R(1): Long-Range Needs Assessment - Regulation 

 

The school district's long range needs assessment process includes these items:

• provisions for collecting, analyzing and reporting information derived from local, state and national sources;
• provisions for reviewing information acquired on the following:
  • state indicators and other locally determined indicators,
  • locally established student learning goals, 
  • specific data collection required by state and federal programs;
• provisions for collecting and analyzing assessment data on the following:
  • state indicators,
  • locally determined indicators,
  • locally established student learning goals.

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

Policy 104 - Anti-Bullying/Harassment Policy 

 

The South Tama County Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. 

 

Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board. 

 

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school- sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

 

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. Complaints will be investigated within a reasonable time frame. 

 

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report. 

 

Retaliation Prohibited

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures. 

 

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds. 

 

Definitions

For the purposes of this policy, the defined words shall have the following meaning:

 

• “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging. 

• “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:

1. Places the individual in reasonable fear of harm to the individual’s person or property. 

2. Has a substantial detrimental effect on the individual’s physical or mental health. 

3. Has the effect of substantially interfering with the individual’s academic or career performance. Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school. 

 

• “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status. 

• “Volunteer” means an individual who has regular, significant contact with students. 

 

Publication of Policy

The board will annually publish this policy. The policy may be publicized by the following means:

• Inclusion in the student handbook, 

• Inclusion in the employee handbook

• Inclusion in the registration materials

• Inclusion on the school or school district’s web site,

 

 

Legal Reference: 20 U.S.C. §§ 1221-1234i. 

29 U.S.C. § 794. 

42 U.S.C. §§ 2000d-2000d-7. 

42 U.S.C. §§ 12101 2et. seq. 

Iowa Code §§ 216.9; 280.28; 280.3. 

281 I.A.C. 12.3(6). 

Morse v. Frederick, 551 U.S. 393 (2007)

 

Case Law References Description

Morse v. Frederick 551 U.S. 393 (2007)

 

Cross References Description

102 Equal Educational Opportunity -

 

 

Approved: August 7, 2023

Reviewed: August 7, 2023

Revised: August 7, 2023

 

Policy 104-E(1): Anti-Bullying/Harassment Policy

 

COMPLAINT FORM

 

Date of complaint: ____________________________________________

 

Name of Complainant: ____________________________________________

 

Are you filling out this form for yourself or someone else (please identify the individual if you are

submitting on behalf of someone else):

 

____________________________________________________________________________

 

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?

 

____________________________________________________________________________

 

Date and place of alleged incident(s):

 

_______________________________________________________________________________________

_______________________________________________________________________________________

 

Names of any witnesses (if any):

____________________________________________________________________________

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

	Age		Physical Attribute		Sex
	Disability		Physical/Mental Ability		Sexual Orientation
	Familial Status		Political Belief		Socio-economic Background
	Gender Identity		Political Party Preference		Other – Please Specify:
	Marital Status		Race/Color
	National Origin/Ethnic Background/Ancestry		Religion/Creed

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________ Date:__________________________

 

 

Case Law References Description

Morse v. Frederick 551 U.S. 393 (2007)

 

 

 

Approved: April 3, 2023

Reviewed: April 3, 2023

Revised: April 3, 2023

 

Policy 104-E(2): Anti-Bullying/Harassment Policy

 

WITNESS DISCLOSURE FORM

 

Name of Witness: _____________________________________________________

 

Date of interview: _____________________________________________________

 

Date of initial complaint: _______________________________________________

 

Name of Complainant (include whether the Complainant is a student or employee):

 

______________________________________________________________________

 

Date and place of alleged incident(s):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

	Age		Physical Attribute		Sex
	Disability		Physical/Mental Ability		Sexual Orientation
	Familial Status		Political Belief		Socio-economic Background
	Gender Identity		Political Party Preference		Other – Please Specify:
	Marital Status		Race/Color
	National Origin/Ethnic Background/Ancestry		Religion/Creed

 

Description of incident witnessed: _______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

 

Additional information: _______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________ Date:__________________________

 

 

Case Law References Description

Morse v. Frederick 551 U.S. 393 (2007)

 

Approved: April 3, 2023

Reviewed: April 3, 2023

Revised: April 3, 2023

 

Policy 104-E(3): Anti-Bullying/Harassment Policy

 

Disposition of Complaint Form

 

Date: _____________________________________________________

 

Date of initial complaint: _____________________________________________________

 

Name of Complainant (include whether the Complainant is a student or employee):

_______________________________________________________________________________________

_______________________________________________________________________________________

 

Date and place of alleged incident(s):

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

 

Name of Respondent (include whether the Respondent is a student or employee):

_______________________________________________________________________________________

_______________________________________________________________________________________

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

	Age		Physical Attribute		Sex
	Disability		Physical/Mental Ability		Sexual Orientation
	Familial Status		Political Belief		Socio-economic Background
	Gender Identity		Political Party Preference		Other – Please Specify:
	Marital Status		Race/Color
	National Origin/Ethnic Background/Ancestry		Religion/Creed

 

Summary of Investigation: _______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

______________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________ Date:__________________________

 

 

Case Law References Description

Morse v. Frederick 551 U.S. 393 (2007)

 

 

Approved: April 3, 2023

Reviewed: April 3, 2023

Revised: April 3, 2023

 

Policy 104-R(1): Anti-Bullying/Harassment Policy - Investigation Procedures 

 

Filing a Complaint

An individual who believes that the individual has been harassed or bullied may file a complaint with the

superintendent or superintendent’s designee. The complaint form is available here. An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists. Complaints shall be filed within [state number of days - 180] of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

 

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The Director of Student Services, Samantha Peska (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.

 

The investigation may include, but is not limited to the following:

• Interviews with the Complainant and the individual named in the complaint (“Respondent”)

• A request for the Complainant to provide a written statement regarding the nature of the complaint;

• A request for the Respondent to provide a written statement;

• Interviews with witnesses identified during the course of the investigation;

• A request for witnesses identified during the course of the investigation to provide a written statement; and

• Review and collection of documentation or information deemed relevant to the investigation. 

 

The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in Board policy. Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involves the building principal.

 

The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible. 

 

Additional suggestions for administrative procedures regarding this policy include:

• Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and

• Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior.

 

Decision

The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation. If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds. 

 

Case Law References Description

Morse v. Frederick 551 U.S. 393 (2007)

 

Approved: August 7, 2023

Reviewed: August 7, 2023

Revised: August 7, 2023

Policy 105: Assistance Animals 

 

It is the policy of the Community School District to foster an equal education environment for all students, employees and community members within the district. The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property. The district shall allow the use of qualified service animals to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go. This can include classrooms, cafeteria and school buses. Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities. Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities. 

Service animals must be current on all required vaccinations. Service animals also must be under control while on district grounds. The animal may be under control by either the individual with a disability, or a handler of the service. Under control means harnessed, leashed or tethered, unless these devices interfere with the animal’s work, in which case under voice or other directive control. 

 

Miniature Horses as Service Animals

Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them. Factors to consider when determining reasonableness include: whether the miniature horse is house broken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility. 

 

Establishing the Need for a Service Animal

When no prior notice is given to the district of the use of a service animal, the Superintendent and/or school administrators are permitted to ask the following questions: 

“Do you need/require this animal because of a disability?”

If the animal’s trained tasks are not readily apparent, the administrator may ask: 

“What work or task has the animal been trained to perform?” 

 

Service Animals in training

Assuming the handler and animal are otherwise allowed, individuals who train service animals will also be allowed access with their service animal in training to public areas of district buildings and property. The service animal in training is expected to abide by the same requirements as a service or assistive animal. 

 

Exclusion of Service Animals

In certain limited circumstances, it may be reasonable to exclude the use of a service animal from district property. The Superintendent is permitted to exclude service animals from district buildings and property in the following circumstances: The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program. If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property.

 

Emotional Support Animals and Therapy Animals [Optional section as these animals are not commonly required to be accommodated]

Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship. Emotional support animals’ sole function is to provide emotional support or comfort. Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment. 

Emotional support animals and therapy animals do not meet the definition of service animals. However, the district recognizes their value in our community. The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by-case basis. District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent.

 

Student use of Emotional Support Animals and Therapy Animals

Factors the superintendent should consider in making the determination include but are not limited to:

a. Whether the animal is housebroken

b. Whether the animal has a current vaccination certificate

c. Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education

d. Whether the facility can accommodate the animal’s type size and weight, and

e. Whether the animal’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility

 

Employee use of Therapy Animals as part of Education Environment

Before permission to use therapy animals is granted, staff members must provide:

1. Proof that the animal is certified to be a therapy animal;

2. An explanation of how the animal will be used, including research supporting the use of therapy animals;

3. A plan for how the staff member will provide for the care and control of the animal;

4. A plan for how the staff member will accommodate students with allergies to the animal; and

5. A current vaccination certificate for the animal.

 

Legal Reference: 29 U.S.C. §794

42 U.S.C. §12132

28 C.F.R. 35

Iowa Code §216C

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

106 - Title IX - Discrimination and Harassment Based on Sex Prohibited

 

In accordance with Title IX of the Education Amendments Act of 1972, the Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District. This prohibition on discrimination applies to students, employees, and applicants for employment. 

The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX. This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX. For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct. 

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Samantha Peska, Director of Student Services, 1702 Harding Street, Tama, Iowa 52339, (641) 484-4811, speska@s-tama.k12.ia.us.

 

Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education. Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator. 

 

NOTE: This is a mandatory policy.

 

Legal Reference: 20 U.S.C. § 1681 et seq. 34 C.F.R. § 106 et seq.

U.S.C. - United States Code References Description

20 U.S.C. §§ 1681 Education - Sex

C.F.R. - Code of Federal Regulations References Description

34 C.F.R. 106 Education - Nondiscrimination Based on Sex

 

Approved: April 15, 2024

Reviewed: April 15, 2024

Revised: April 15, 2024

 

Exhibit 106.01-E(1): Title IX - Discrimination and Harassment Based on Sex Prohibited - Notice of Non-Discrimination

 

NOTICE OF NON-DISCRIMINATION

The District does not discriminate on the basis of sex and prohibits sex discrimination in all education programs and activities operated by the district, as required by Title IX, including in admission and employment.

 

Inquiries about the application of Title IX to the district may be referred to the district’s Title IX coordinator Samantha Peska, Director of Student Services, (641)484-4811, 1702 Harding Street, Tama, Iowa 52339, speska@s-tama.k12.ia.us or the Office of Civil Rights, or both.

The district’s Title IX Non Discrimination policy and grievance procedures are located in electronic format within the district’s policy reference manual, accessible through the district’s website. For questions locating this policy please contact the Board Secretary.

Individuals wishing to report conduct that may constitute sex discrimination and/or make a complaint of sex discrimination should contact the district’s Title IX Coordinator Samantha Peska, Director of Student Services, (641)484-4811, 1702 Harding Street, Tama, Iowa 52339, speska@s-tama.k12.ia.us.

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

Regulation 106.01-R(1): Title IX - Discrimination and Harassment Based on Sex Prohibited - Education on Title IX Purpose and Requirements

All employees will receive training on the district’s obligation to address sex discrimination in the district’s education programs and activities. The training will include but not be limited to the scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment, pregnancy-related conditions and the district’s response to sex discrimination. 

Employees who serve as investigators, decision makers, are responsible for implementing grievance procedures, or who can modify or terminate supportive measures will receive training that includes but is not limited to the district’s response to sex discrimination, grievance procedures, how to serve impartially (if applicable to their role), and the meaning of the term “relevant” as applied in 34 CFR 106.45 &.46. 

Employees who facilitate informal resolutions will receive the training for all employees listed above as well as training on the requirements of the informal resolution process and how to serve impartially. 

Employees who serve as the Title IX coordinator or designee must receive all of the training listed above as well as their job specific responsibilities, record keeping requirements, and any other training necessary to comply with Title IX.

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

 

Regulation 106.01-R(2): Title IX - Discrimination and Harassment Based on Sex Prohibited - Nondiscrimination in Pregnancy and Related Conditions

 

It is a priority of the District that all students have the opportunity to succeed academically. In particular, students who are experiencing pregnancy and related conditions should receive the supports necessary to continue their education through successful completion. For this purpose, the District outlines measures the District will take to ensure opportunity for academic success for pregnant students. 

Pregnant students will be treated in the same manner as other students with temporary medical conditions. When a student or their parent informs any employee of the student’s pregnancy or related conditions, the employee will provide the Title IX Coordinator’s contact information to the student or student’s parents, and explain that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and endure the student’s equal access to the recipient’s education program or activity. 

 

The Title IX Coordinator will coordinate the following actions:

• Inform the pregnant student of the district’s obligations and provide the Title IX Notice of Non-Discrimination. 

• Make reasonable modifications to any district policies, practices or procedures as necessary to prevent sex discrimination and help ensure equal access to the district’s education program and activities. Modifications will be tailored to the needs of the student and will not fundamentally alter the education program or activities. 

• Allow the student to voluntarily access any separate and comparable portion of the education program or activity. 

• Permit the student to take a temporary leave of absence from the education program or activity with no loss of academic status, if deemed medically necessary by the student’s medical provider. 

• Permit access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion or interruption, and able to be used by a student to express breast milk or breastfeed as needed. 

Students affected by this regulation should reach out to the Title IX Coordinator with any questions or concerns related to the implementation of this regulation.

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

 

Regulation 106.01-R(3): Title IX - Discrimination and Harassment Based on Sex Prohibited - Responding to Complaints of Sex Discrimination

The district will respond to reports of sex discrimination promptly and efficiently. All district employees are required to immediately notify the Title IX Coordinator when they have information about conduct that may reasonably constitute sex discrimination. Failure to timely notify the Title IX Coordinator may result in disciplinary action up to and including termination of employment. 

 

The Title IX Coordinator will:

• Treat the complainant and respondent equitably. 

• Offer supportive measures for the Complainant as appropriate, and if grievance procedures have been started, offer supportive measures to the Respondent as appropriate. 

• Notify the complainant of the grievance process and informal resolution process if appropriate and request by all parties. 

• Determine whether to start a complaint of sex discrimination in the absence of a complaint, and in the absence or termination of an informal resolution process. 

• Take appropriate and necessary steps to ensure sex discrimination does not continue to occur within the district. 

 

Meeting with the Complainant

Upon receipt of any report of sexual harassment occurring in the District’s educational program or activity, the Title IX Coordinator or designee will schedule a meeting with the Complainant in order to provide the Complainant a general understanding of this policy and related processes. At the initial intake meeting with the Complainant, the Title IX Coordinator or designee will seek to determine how the Complainant wishes to proceed. The Complainant may opt for: (1) informal resolution; (2) formal resolution; or (3) not proceeding. Supportive measures may still be offered whether or not the Complainant chooses any of these options. 

 

Supportive Measures

Supportive measures may vary based on the specific facts of each situation and what the district can reasonably offer. The purpose of supportive measures is to allow equitable access to the education program and activities for the parties involved in a complaint. Supportive measures will not be used as a punishment for any party. They may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, campus escort

services, increased monitoring of certain areas of campus, restrictions on contact applied to one or more individuals, leave of absence, changes in class/work/extracurricular activity, and training and education programs related to sex- based harassment. The District will review supportive measures and determine whether to modify or terminate these measures at the conclusion of any grievance or informal resolution process.

 

Informal Resolution

The District may offer to the complainant and respondent the option to engage in an informal resolution process to resolve complaints of sex discrimination unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws. The informal resolution process can occur at any time prior to a determination of whether sex discrimination occurred. The parties to a complaint must voluntarily consent to the informal resolution. Before the parties may consent to this process, the Title IX Coordinator will provide notice to the parties that explains:

• The allegations;

• The requirements of the informal resolution process;

• That, before agreeing to a resolution, either party may withdraw their consent to the informal process and start or resume a grievance process;

• That the parties’ agreement to a resolution through the informal process would be a final resolution that would stop any grievance process for those allegations;

• Possible terms that could be included in an informal resolution agreement;

• That resolution is binding only on the parties; and

• What information the District will retain and whether/how that information may be disclosed.

If informal resolution is pursued, the Title IX Coordinator will provide the parties with written notice of the allegations and provide adequate time for the Title IX Coordinator to consult with all parties to gather relevant permissible evidence, discuss supportive measures for each party, if appropriate, and discuss an acceptable resolution to the allegations. Once an agreement is reached, the Title IX Coordinator will commit the terms to writing and each party will sign their commitment to the agreement. 

 

Emergency Removal and Administrative Leave

In rare circumstances, the District may remove a student respondent from the education program or activity after the district performs an individualized safety and risk analysis and decides an imminent and serious threat to the health or safety of the complainant or others justifies removal. The District will provide the respondent with notice and the opportunity to challenge the decision immediately after the removal.

Likewise, the District may determine to place employee respondents on administrative leave during the pendency of the grievance process.

 

34 C.F.R. 106 

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

Regulation 106.01-R(4): Title IX - Discrimination and Harassment Based on Sex Prohibited - Grievance Procedure

 

This regulation discusses the steps required in handling complaints of sex discrimination when the allegation is that an individual(s) engaged in conduct that constitutes sex discrimination. 

The following individuals can make a complaint of sex discrimination, including complaints of sex-based harassment, and request the District to investigate and make a decision about alleged Title IX violations: a complainant, a parent, guardian or other authorized legal representative with the legal right to act on behalf of the complainant, the Title IX Coordinator. 

The following individuals can make complaints of sex discrimination but not sex-based harassment: any student or employee, any person other than a student or employee who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination. 

The district’s designated Title IX Coordinator is Samantha Peska, Director of Student Services, (641)484-4811, speska@s-tama.k12.ia.us, 1702 Harding Street, Tama, Iowa 52339. 

 

The District will treat complainants and respondents equitably. The District requires that the Title IX Coordinator and any other District official involved in facilitating these grievance procedures not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

 

I. Timeframes for Investigation, Decision and Appeal

The District has established the following time frames for the major stages of the grievance procedures. Generally, the District will attempt to complete the investigation and make a determination regarding responsibility within twenty (20) calendar days of receipt of a complaint. However, the District may alter or extend this time with notice to both parties. The time it takes to complete the resolution of a sexual harassment complaint may vary based on the complexity of the investigation and the severity and extent of the alleged conduct, as well as on whether there is a parallel criminal investigation, or if school breaks occur during the process. The Investigator will issue a written decision to all parties. 

The complaint is closed after the Investigator has issued the written decision, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why they believe the decision should be reconsidered. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision. 

 

The decision of the superintendent shall be final. 

 

The District has also established the following process that allows for the reasonable extension of time frames on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. The Investigator will determine whether, based on the complexity of the issues or quantity of the evidence to review, an extension is warranted. If an extension is warranted, the Title IX Coordinator or Investigator will notify all parties to the complaint and provide a reasonable amended time frame by which a decision will be issued.

 

II. Privacy and Neutrality of the Grievance Process

The District will take reasonable steps, including requiring the parties to protect the privacy of the parties and witnesses during its grievance procedures, however, absolute confidentiality for the parties cannot be guaranteed. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses. 

The District will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. 

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless The District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and

• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

 

III. Notice of Allegations

Upon initiation of the District’s Title IX grievance procedures, The District will notify the parties of the following:

• The District’s Title IX grievance procedures and any informal resolution process;

• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);

• Retaliation is prohibited; and

• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. [If the District provides a description of the evidence: The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.]

 

If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

 

IV. Investigation

The Title IX Coordinator will designate an Investigator to conduct an investigation into any formal complaint. The Investigator must be appropriately trained and serve as a neutral fact-finder, and shall interview both parties, relevant witnesses, and gather and review evidence relevant to the outcome of the complaint. 

The District will provide for adequate, reliable, and impartial investigation of complaints. 

The burden is on the District, not on the parties, to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. 

The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. 

The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. 

• The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence: the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;

• The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

• The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

 

The District will provide a process that enables the Investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The District will provide to the parties prior written notice of the date, time, and location of any interview of that party. Advisors may attend the interview in an observational capacity only. Advisors will not be permitted to ask questions, intervene, or answer on behalf of any party or witness. 

 

V. Determination of Responsibility

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, The District will:

• Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred. 

• Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;

• Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination. 

• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

  • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District education program or activity limited or denied by sex discrimination;

  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District education program or activity. 

• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred. 

 

VI. Dismissal and Appeal of a Complaint:

The District may dismiss a complaint of sex discrimination if:

• The District is unable to identify the respondent after taking reasonable steps to do so;

• The respondent is not participating in the District education program or activity and is not employed by the District;

• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or

• The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant. 

Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing. 

The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then The District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

• Procedural irregularity that would change the outcome;

• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

• The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If the dismissal is appealed, the District will:

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

• Implement appeal procedures equally for the parties;

• Ensure that the decision maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;

• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

• Notify the parties of the result of the appeal and the rationale for the result. 

When a complaint is dismissed, The District will, at a minimum:

• Offer supportive measures to the complainant as appropriate;

• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within The District education program or activity. 

 

VII. Appeal of Determinations, if offered

The District offers the following process for appeals from a determination for whether sex discrimination occurred. Within ten (10) working days of receipt of the written determination, any party may appeal the determination and/or any sanction imposed. Appeals will be made in writing to the Superintendent or their designee. Appeals will be limited to any of the following bases:

• A procedural irregularity that affected the outcome of the matter;

• New evidence that was not reasonably available at the time the written determination was issued that could affect the outcome of the matter; or

• The Title IX Coordinator or Investigator(s), had a conflict of interest or bias that affected the outcome of the matter. 

 

Once an appeal has been received, the Investigator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class. 

 

The decision of the superintendent shall be final. 

 

VIII. Supportive Measures

The District will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the District education program or activity or provide support during the District Title IX grievance procedures or during the informal resolution process.

 

IX. Disciplinary Sanctions and Remedies

Following a determination that a student(s) committed sex-based harassment, the District may impose disciplinary sanctions on the student(s), which may include but not be limited to education and training related to Title IX, removal from the educational environment in accordance with all other applicable laws, change of classroom assignment or class schedule, suspension, expulsion. 

Following a determination that an employee(s) committed sex-based harassment, the District may impose disciplinary sanctions on the employee(s), which may include but not be limited to termination of employment. 

The District may also provide remedies, which may include counseling, training, changes or modifications to class or work schedules or assignments, provision of additional supervision.

 

34 C.F.R. 106 

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

 

Regulation 106.01-R(5): Title IX - Discrimination and Harassment Based on Sex Prohibited - Informal Resolution Procedure

 

This regulation discusses the steps required in handling complaints of sex discrimination when the parties have mutually agreed to pursue informal resolution of complaints of sex discrimination.

Informal resolution is available unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws. Prior to consenting to the informal resolution process, the Title IX Coordinator will provide written notice to the parties as described in 106.01R3 and will obtain written consent from both parties to participate in Informal Resolution. If either party declines to consent to Informal Resolution, the Complainant will be given the option of withdrawing the Title IX complaint and proceeding with supportive measures only (if applicable) or proceeding with the formal grievance procedure described in 106.01R4. 

The District will provide a process where the Title IX Coordinator or a trained Informal Resolution facilitator designated by the Title IX Coordinator, will meet with each party to gather information about each party’s perspective on the complaint and proposed resolution to the complaint. If necessary, the Title IX Coordinator or designee will gather additional information from other individuals, where relevant to developing a proposed resolution to the complaint. 

The Title IX Coordinator will propose a resolution in writing to both parties after taking into consideration the requests of the parties and appropriate resolution and supportive measures as determined by the Title IX Coordinator or designee. The Title IX Coordinator or designee will work with the parties to finalize the terms of the resolution agreement. Once agreed upon by the parties, both parties will sign the resolution agreement, which will affirm that they have voluntarily agreed to the resolution agreement and that it is the final, binding resolution of the

Title IX complaint. If both parties sign the Agreement, the Title IX complaint will be closed and no further action will be taken by the District (other than to ensure compliance with the resolution agreement). In general, the Title IX Coordinator or designee will attempt to complete the Informal Resolution process within ten (10) school days after the parties consent in writing to participate. The signed Informal Resolution Agreement will be provided to both parties, the building administrator or supervisor responsible for overseeing the implementation of the Agreement, and other District employees only on a need-to-know basis. A copy will be maintained by the Title IX Coordinator in compliance with the timelines required by Title IX.

If an acceptable agreement cannot be developed, or if either or both parties decline to sign the resolution agreement, the Title IX Coordinator will notify both parties that Informal Resolution has not been successful. If the Complainant wishes to proceed with the formal grievance procedure described in 106.01R4, the Title IX Coordinator will assign the complaint to an Investigator who was not involved in the Informal Resolution process to conduct the investigation into the complaint. All procedures and timelines in 106.01R4 will apply once the matter is moved to the formal grievance process.

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

 

200.01 - Organization of the Board of Directors 
 

The Community School District board is authorized by and derives its organization from Iowa law. The South Tama County Community School District Board of Education will consist of 5 board members. Each board member is elected by a director district within the boundaries of the school district.  The school district consists of the communities of Chelsea, Montour, Tama, Toledo and Vining as well as the surrounding rural area within the District boundaries.

The board is organized for the purpose of setting policy and providing general direction for the school district. The board will hold its organizational meeting at or before the first regular meeting following the canvass of votes. The retiring board will transfer materials, including the board policy manual, and responsibility to the new board. 

The organizational meeting allows the outgoing board to approve minutes of its previous meetings, complete unfinished business and review the school election results. The retiring board will adjourn and the new board will then begin. The Board Secretary will administer the oath of office to the newly-elected board members. The Board Secretary will preside while the new board elects the president and vice-president of the new board.

 

Legal Reference: Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8, .33. 281 I.A.C. 12.3(2).

 

Approved: May 6, 2024

Reviewed: May 6, 2024

Revised: May 6, 2024

Regulation 200.01-R(1): Organization of the Board of Directors - Organizational Meeting Procedures

 

The board will hold its organizational meeting in odd-numbered years at or before the first regular meeting following the canvass of votes. Notice of the meeting's place and time will be given by the board secretary to each member, member-elect and the public. 

 

The purpose of the meeting is to transfer material and responsibility from the outgoing board to the new board. At the meeting, the board will elect a president and a vice president who will hold office for one year. Once elected, the president and vice president will be entitled to vote on all matters before the board. 

 

Meeting Procedure

The organizational meeting of the board will be held in two parts: the final meeting of the outgoing board and the organizational meeting of the new board. 

 

1. Final Meeting of the Retiring Board

    1. Call to order. 

    2. Roll call. 

    3. Approval of minutes of previous meeting(s). 

    4. Visitors. 

    5. Unfinished business. 

          a. Current claims and accounts (for the retiring board to authorize). 

    6. Examine and settle the books for the previous year. 

    7. Review of election results. The board secretary will present the county auditor's official report on the latest elections. Official results are recorded in the minutes. 

    8. Adjournment of the retiring board.

 

2. Organizational Meeting of the New Board

    1. Board Secretary as president pro-tem, will preside over the meeting until a new board president is elected. 

    2. Call to order. 

    3. Roll call. 

    4. Oath of office. The board secretary will administer the oath to new members. 

    5. Election of a president of the board. The president pro-tem calls for nominations; nominations need not be seconded. The board will then vote on the nominations. The secretary will announce the result of the vote, and the Board Secretary will administer the oath of office to the newly elected president and the newly elected president will assume the chair. 

    6. Election of the vice-president. The president of the board will call for nominations; the nominations need not be seconded. The board will then vote on the nominations. The president will announce the results and administer the oath of office to the vice-president. 

 

Other items of business at the organizational meeting may include:

    7. Board resolution of appreciation recognizing the public service rendered by retiring board members. 

    8. Determination of dates, times, and places for regular meetings of the board. 

    9. Board resolution to define the operating rules and practices that will be followed by the new board. 

    10. Board resolution to authorize the interim payment of bills pursuant to policy 705.03. 

    11. Visitors. 

    12. Superintendent's report. 

    13. Adjournment.

 

Approved: May 6, 2024

Reviewed: March 4, 2019; May 6, 2024

Revised: May 6, 2024

 

 

Policy 200.02: Powers of the Board of Directors 

 

The board, acting on behalf of the school district, will have jurisdiction over school matters within the territory of the school district. 

The board is empowered to make policy for its own governance, for employees, for students and for school district facilities. The board is also empowered to enforce its policies. The board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district. 

Because all powers of the board derived from the state statutes are granted in terms of action as a group, individual board members exercise authority over district affairs only as they vote to take action at a legal meeting of the board.  In other instances, an individual board member, including the president, will have power only when the board, by vote, has delegated authority.  The board will make its members, the district staff, and the public aware that only the board acting as a whole has authority to take official action.  Therefore, the board may transact business only with a quorum present during a regular or special meeting. 

The board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.

 

Legal Reference: Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967). Iowa Code §§ 28E; 274.1-.2; 279.8.

 

Approved: May 6, 2024

Reviewed: April 23, 1980, September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 6, 2024

Revised: May 6, 2024

 

 

 

Policy 200.03: Responsibilities of the Board of Directors 

 

The board is authorized to govern the school district which it oversees. The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency. As the governing board of the school district, the board has four duties to perform: legislative duty, executive duty, evaluative duty and quasi-judicial duty. 

As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district. As a policy making body, the board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.

It is the responsibility of the board, under the board's executive duty, to select its chief executive officer, the superintendent, to operate the school district on the board's behalf. The board delegates to the superintendent its authority to carry out board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner which supports and is consistent with board policy. 

The board has a responsibility to review the education program's performance under its evaluative duty. The board regularly reviews the education program and ancillary services. The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program's ability to achieve the board's educational philosophy and goals for the school district. 

The board fulfills its quasi-judicial duties in serving as a neutral arbiter for hearings related to student suspension or expulsion proceedings and certain employment termination hearings and appeals. This important power was granted by the Iowa legislature and cannot be delegated. To preserve the board’s neutrality to hear and decide upon these matters, the board does not investigate or become involved in student disciplinary matters or employment matters that may come before it and would require the board to serve in its quasi-judicial role.

 

Legal Reference: Iowa Code §§ 274.1; 279280.12.

 

Approved: May 6, 2024

Reviewed: April 23, 1980; September 18, 1991; June 15, 1992; September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 6, 2024

Revised: May 6, 2024

 

 

 

Policy 200.04: Board Member Social Media Engagement

 

The board sees the value in promoting the excellent work and accomplishments of the district’s students and staff. Social media is one of many effective communication tools that the district may utilize. Board members have been publicly elected to govern the district and accept a fiduciary responsibility. That responsibility means board members agree to always act in the best interests of the district. For this reason, the board shall expect that individual communications and social media posts made by board members will reflect the values and decorum expected of elected officials in the school community. 

All board members enjoy rights to freedom of speech under both the U.S. and Iowa Constitutions. As such, the district will not limit protected speech of any board members. Certain categories of speech are not protected and may be subject to regulation. Additionally, board members should be aware that protected speech can still subject individuals to legal liability. If using social media to discuss district related matters, board members should be aware that they may be prohibited from blocking individual communications and posters based upon the content of their posts. 

 

The board as a whole and individual board members in their governance role have legal obligations to safeguard the privacy of information related to student and employee matters. Board members will refrain from posting or communicating on social media in a way that violates the district’s obligation to protect the privacy of its students and employees. 

 

Board members are uniquely positioned in the school community to be both accessible and responsive to community concerns about the effective governance of the district. As a result, the board will remember their obligations to safeguard student and employee privacy when responding to any social media posts or communications, even if the response is intended to correct information for the rest of the school community. Board members will direct concerned individuals to the appropriate district staff to address their inquiry or complaint in accordance with board policy. 

 

 

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

Iowa Const. Art. I, sec. 7

20 U.S.C. 1417(c)

34 C.F.R. 99.3

Iowa Code §§ 21; 22

 

Approved: August 7, 2023

Reviewed: August 7, 2023

Revised: August 7, 2023

Policy 201: Board of Directors' Elections 

 

The school election takes place on the first Tuesday after the first Monday in November of odd-numbered years. Each school election is used to elect citizens to the board to maintain a 5 member board and to address questions that are submitted to the voters. 

Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary's designee in accordance with the timelines established by law.

If a vacancy occurs on the board it shall be filled in accordance with law and board policy.

It is the responsibility of the county commissioner of elections to conduct school elections.

 

Legal Reference: Iowa Code §§ 39; 45; 63; 69; 274.7; 277; 278.1; 279.7.

 

Approved: May 6, 2024

Reviewed: May 6, 2024

Revised: May 6, 2024

 

Policy 202.01: Qualifications

 

Serving on the board of directors is an honor and privilege. Its rewards are respect from the community, students, and employees and the satisfaction from knowing each board member contributed to the success of the children in the school district community. Only those who are willing to put forth the effort to care and to make a difference should consider running for a position on the board.

Individuals who are willing to serve on the board should believe public education is important, support the democratic process, willingly devote time and energy to board work, respect educators and have the ability to examine the facts and make a decision. The board believes an individual considering a position on the school board should possess these characteristics. 

Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position. 

 

Legal Reference: Iowa Code §§ 63; 68B; 277.4, .27; 279.7A.

 

Approved: May 6, 2024

Reviewed: April 23, 1980; September 18, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 6, 2024

Revised: May 6, 2024

 

 

Policy 202.02: Oath of Office 

 

Board members are officials of the state. As a public official, each board member must pledge to uphold the Iowa and the United States Constitution and carry out the responsibilities of the office to the best of the board member's ability. 

Each newly-elected board member will take the oath of office prior to any action taken as a school official. The oath of office is taken by each new board member elected at the school election at or before the organizational meeting of the board. In the event of an appointment or special election to fill a vacancy, the new board member will take the oath of office within ten days of the appointment or election. 

Board members elected to offices of the board will also take the same oath of office but replacing the office of board member with the title of the office to which they were elected. 

The oath of office is administered by the board secretary and does not need to be given at a board meeting. In the event the board secretary is absent, the oath is administered by another board member.

"Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of (naming the office) in South Tama County Community School District as now and hereafter required by law?" 

 

Legal Reference: Iowa Code §§ 277.28; 279.1, .6.

 

Approved: May 6, 2024

Reviewed: April 23, 1980, December 21, 1987; September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 6, 2024

Revised: May 6, 2024

 

 

 

 

Policy 202.03: Term of Office 

 

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years. Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election. A board member elected to fill a vacancy will serve out the unexpired term. 

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district. Eligible board members are encouraged to consider running for more than one term.

Legal Reference: Iowa Code §§ 69.12; 274.7; 279.6; 279.7

 

Approved: May 6, 2024

Reviewed: April 23, 1980; July 18, 2008; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 6, 2024

Revised: May 6, 2024

 

 

 

Policy 202.04: Vacancies 

 

A vacancy occurs as provided by law, which includes but is not limited to when a board member dies, resigns or leaves office, or fails to reside in the school district or director district.

If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within 30 days of the vacancy. The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election. 

A person appointed to fill a vacancy shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs or if a valid petition is submitted, the board secretary will call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred. A board member elected at the special election will serve the remaining portion of the unexpired term.

 

Legal Reference: Iowa Code §§ 69; 277.29; 279. Good v. Crouch, 397 N.W.2d 757 (Iowa 1986). Board of Directors of Grimes Independent School Dist. v. County Board of Public

Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965). Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36

N.W.2d 751 (1949).

 

Approved: May 6, 2024

Reviewed: April 23, 1980; July 19, 1993; September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 6, 2024

Revised: May 6, 2024

 

 

Policy 202.05: Student School Board Representatives

 

The Board of Education believes it is important to seek out and consider student ideas, viewpoints, and opinions regarding the district’s educational program. To provide student input, the Board shall include at least 1 non-voting representative(s) from the student body. 

 

Student school board representative eligibility and duties:

• The student school board representative shall be a full-time high school student in the district and is in their junior or senior year;

• The student school board representative shall participate in an orientation of board responsibilities and procedures as determined by the Superintendent;

• The student school board representative shall be eligible to participate in discussion, but not vote, at all regular board meetings held in open session;

• The student school board representative shall be responsible for communicating board decisions and information to the student body; and

• The student school board representative will be provided with and shall abide by all applicable sections of the Board Members’ Code of Ethics. 

 

The term of office shall be from:

• July 1 of the first year to June 30 of the following year.

If the student school board representative is unable to attend a board meeting, the student school board representative must notify the Superintendent of the absence. A student school board representative who neglects his/her duties may be removed from the position at the discretion of the Board. 

 

Legal Reference: Iowa Code §§ 21; 279.8.

 

Approved: June 3, 2024

Reviewed: June 3, 2024

Revised: June 3, 2024

Policy 203: Board of Directors' Conflict of Interest 

 

Board members must be able to make decisions objectively. It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties. A board member will not act as an agent for school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office. It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase of goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed insert amount up to $20,000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened. 

 

The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract. The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily awarded by competitive bid. 

 

It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member’s official duties and responsibilities. In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not 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 badge, uniform, business card or other evidence of office to give the board member or member of the board member’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 a board member. 

2. The outside employment or activity involves the receipt of, promise of, or acceptance of money or other consideration by the board member or a member of the board member’s immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member’s regular duties or during the hours in which the board member 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 board member, during the performance of the board member’s duties of office or employment. 

If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity. If the activity or employment falls under (3), then the board member 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, determining the facts or law in a contested case or rulemaking proceeding, conducting any inspection, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity. 

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

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

 

Legal Reference: 22 C.F.R. § 518.42. 

Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28. 

Iowa Code § 277.27 School Elections - Qualifications 

Iowa Code § 279.7A Directors - Powers and Duties - Public Contracts/Exceptions 

Iowa Code § 301.28 Textbooks - Officers and Teachers as Agents 

Iowa Code § 68B Government Ethics and Lobbying 

Iowa Code § 71 Nepotism 

22 C.F.R. § 518.42. Uniform Administrative Requirements - Codes of Conduct

 

Approved: August 15, 2022

Reviewed:

Revised:

 

204: Code of Ethics 

Board members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, board members must conduct themselves professionally and in a manner fitting to their position. 

Each board member shall follow the code of ethics stated in this policy.

 

AS A SCHOOL BOARD MEMBER:

1. I will listen. 

2. I will respect the opinion of others. 

3. I will recognize the integrity of my predecessors and associates and the merit of their work. 

4. I will be motivated only by an earnest desire to serve my school district and the children of my school district

community in the best possible way. 

5. I will not use the school district or any part of the school district program for my own personal advantage or

for the advantage of my friends or supporters. 

6. I will vote for a closed session of the board if the situation requires it, but I will consider "star chamber" or "secret" sessions of board members unethical. 

7. I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be

considered is to close my mind and agree not to think through other facts and points of view which may be

presented in the meeting. 

8. I will expect, in board meetings, to spend more time on education programs and procedures than on business details. 

9. I will recognize that authority rests with the board in legal session and not with individual members of the

board, except as authorized by law. 

10. I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions. 

11. I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have decisions made for the best interests of the children and the education program. 

12. I will insist that the members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigative and advisory capacity. 

13. I will abide by majority decisions of the board. 

14. I will carefully consider petitions, resolutions and complaints and will act in the best interests of the school

district. 

15. I will not discuss the confidential business of the board in my home, on the street or in my office; the place for such discussion is the board meeting. 

16. I will endeavor to keep informed on local, state and national educational developments of significance so I may become a better board member.

 

IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY

1. I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my school district community the educational facilities that are as complete and

adequate as it is possible to provide. 

2. I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the

school district to the community. 

3. I will earnestly try to interpret the needs and attitudes of the school district community and do my best to

translate them into the education program of the school district. 

4. I will attempt to procure adequate financial support for the school district. 

5. I will represent the entire school district rather than individual electors, patrons or groups. 

6. I will not regard the school district facilities as my own private property but as the property of the people.

 

IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES

1. I will function, in meeting the legal responsibility that is mine, as a part of a legislative, evaluative, policy-

forming body, not as an administrative officer. 

2. I will recognize that it is my responsibility, together with that of my fellow board members, to see the school

district is properly run and not to run them myself.

3. I will expect the school district to be administered by the best-trained technical and professional people it is

possible to procure within the financial resources of the school district. 

4. I will recognize the superintendent as executive officer of the board. 

5. I will work through the administrative employees of the board, not over or around them. 

6. I will expect the superintendent to keep the board adequately informed through oral and written reports. 

7. I will vote to employ employees only after the recommendation of the superintendent has been received.

8. I will insist that contracts be equally binding on teachers and the board. 

9. I will give the superintendent power commensurate with the superintendent's responsibility and will not in any way interfere with, or seek to undermine, the superintendent's authority. 

10. I will give the superintendent friendly counsel and advice. 

11. I will present any personal criticism of employees to the superintendent. 

12. I will refer complaints to the proper administrative officer.

 

TO COOPERATE WITH OTHER SCHOOL BOARDS

1. I will not employ a superintendent, principal or teacher who is already under contract with another school

district without first securing assurance from the proper authority that the person can be released from

contract. 

2. I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its

representatives. 

3. I will associate myself with board members of other school districts for the purpose of discussing school

district issues and cooperating in the improvement of the education program.

 

Legal Reference: Iowa Code §§ 21; 68B; 69; 277.28; 279.7A, 279.8, 301.28.

 

Approved: December 18, 2023

Reviewed: November 17, 1986; September 18, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, December 18, 2023

Revised: December 18, 2023

 

 

 

205: Board Member Liability

 

Board members will not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community. In carrying out the duties and responsibilities of their office, board members will act in good faith. 

The school district will defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless the act constitutes a willful or wanton act or omission. The school district, however, cannot save harmless or indemnify board members for punitive damages.

Legal Reference: Wood v. Strickland, 420 U.S. 308 (1975). 42 U.S.C. §§ 1983, 1985

 

Iowa Code ch. 670.

 

Approved: May 20, 2024

Reviewed: June 23, 1986; September 18, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

 

Policy 206.01: President 

 

It is the responsibility of the board president to lead a well-organized board in an efficient and effective manner. The board president will set the tone of the board meetings and, as the representative of the consensus of the board, speak on behalf of the board to the public. 

The president of the board is elected to serve a one-year term by a majority vote at the organizational meeting in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting. 

The president, in addition to presiding at the board meetings, will take an active role in board decisions by discussing and voting on each motion before the board in the same manner as other board members. Before making or seconding a motion, the board president will turn over control of the meeting to either the vice-president or other board member. 

The board president has the authority to call special meetings of the board. Prior to board meetings, the board president will consult with the superintendent on the development of the agenda for the meeting. 

The board president, as the chief officer of the school district, will sign employment contracts and sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.

 

Approved: May 20, 2024

Reviewed: April 23, 1980; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

In accordance with Code of Iowa Section 280.12, the Superintendent shall convene an advisory committee comprised of representatives of the school district community and the school district.  The advisory committee shall make recommendations for the goals and objectives of the education program.

The Board shall ultimately establish the short-term and long-term goals and objectives.  These goals and objectives shall take into account the recommendations of the advisory committee, from recommendations from the superintendent, and the changes in law.  The Board will require that an annual report be developed regarding the goals and objectives of the education program.

 

 

 (June 15, 1992; September. 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019)

 

206.02: Vice-President 

 

The vice-president of the board is elected by a majority vote at the organizational meeting of in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting, to serve a one-year term of office. 

By this election, if the board president is unable or unwilling to carry out the duties required, it is the responsibility of the Vice-President of the board to carry out the duties of the president. If the president is unable or unwilling to complete the term of office, the vice-president will serve as president for the balance of the president's term of office, and a new vice-president will be elected. 

The vice-president will accept control of the meeting from the president when the president wishes to make or second a motion. The vice-president will take an active role in board decisions by discussing and voting on matters before the board in the same manner as other board members.

 

Legal Reference: Iowa Code § 279.5

 

Approved: May 20, 2024

Reviewed: April 23,1980; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

206.03: Secretary

 

A board secretary may be appointed from employees, other than a position requiring a teaching certificate, or from the public. To finalize the appointment, the board secretary will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter. [It is the responsibility of the board to evaluate the board secretary annually.]

It is the responsibility of the board secretary, as custodian of school district records, to preserve and maintain the records and documents pertaining to the business of the board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students. The board secretary will also be responsible for filing the required reports with the Iowa Department of Education.

In the event the board secretary is unable to fulfill the responsibilities set out by the board and the law, Superintendent's administrative assistant will assume those duties until the board secretary is able to resume the responsibility or a new board secretary is appointed. The board secretary will give bond in an amount set by the board. The cost of the bond will be paid by the school district.

 

Legal Reference: Iowa Code §§ 64; 279.3, .5, .7. .32, .33, .35,; 291.2-.4, .6-.8, .10-.11; 299.10. 281 I.A.C. 12.3(1).

 

Approved: May 20, 2024

Reviewed: April 23, 1980; December 19, 1988; September 18, 1989; September 17, 2001; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

 

206.04: Treasurer 

 

It is the responsibility of the board to appoint a treasurer. The board may appoint a treasurer from its employees, other than a position requiring a teaching certificate, or from the public. To finalize the appointment, the treasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.

It is the responsibility of the treasurer to oversee the investment portfolio, to receive funds of the school district, to pay out the funds for expenses approved by the board, to maintain accurate accounting records for each fund, to report monthly regarding the investment portfolio and the status of each fund and to file required reports with the appropriate state agencies and other entities. [It will also be the responsibility of the treasurer to work with the secretary to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the school district.]

If the treasurer is unable or unwilling to carry out the duties required, it is the responsibility of the Assistant to the Business Manager to carry out the duties of the treasurer. The treasurer will give bond in an amount set by the board. The cost of the bond will be paid by the school district. 

 

Legal Reference: Iowa Code §§ 12B.10; 12C; 279.3, .5, .7 .31-.33, .35; 291.2-.4, .6-.12, .14.

 

Approved: May 20, 2024

Reviewed: April 23, 1980; November 21, 1988, September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

207: Board of Directors' Legal Counsel 

 

It is the responsibility of the board to employ legal counsel to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district. The board may appoint legal counsel at its annual meeting. 

The superintendent and board secretary will have the authority to contact the board's legal counsel on behalf of the board when the superintendent or board secretary believes it is necessary for the management of the school district. The board president may contact and seek advice from the school board's legal counsel. The board's legal counsel will attend both regular and special school board meetings upon the request of the board or the superintendent. Board members may contact legal counsel upon approval of a majority of the board. It is the responsibility of each board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.

It is the responsibility of the superintendent to keep the board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district. 

 

Legal Reference: Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).

 

Approved: May 20, 2024

Reviewed: May 20, 2024

Revised: May 20, 2024

 

208: Ad Hoc Committees 

 

Whenever the board deems it necessary, the board may appoint a committee composed of citizens, employees or students to assist the board. Committees formed by the board are ad hoc committees. 

An ad hoc committee may be formed by board resolution which will outline the duties and purpose of the committee. The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution. The committee will automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution. The board will receive the report of the committee for consideration. The board retains the authority to make a final decision on the issue. The committee may be subject to the open meetings law.

The method for selection of committee members will be stated in the board resolution. When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and will consider the various viewpoints on the issue. The board may designate a board member and the superintendent to serve on an ad hoc committee. The committee will select its own chairperson, unless the board designates otherwise. 

 

Legal Reference: Iowa Code §§ 21; 279.8; 280.12(2). 281 I.A.C. 12.3(3), .3(8); .5(8).

 

Approved: May 20, 2024

Reviewed: March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

 

208-E1: Ad Hoc Committees Exhibit

 

Ad Hoc Committee Purpose and Function

The specific purpose of each ad hoc committee varies. Generally, the primary function of an ad hoc committee is to give specific advice and suggestions. The advice and suggestions should focus on the purpose and duties stated in the board resolution establishing the committee. It is the board's role to take action based on information received from the ad hoc committee and other sources. Ad hoc committees may be subject to the open meetings law.

 

Role of an Ad Hoc Committee Member

The primary role of an ad hoc committee member is to be a productive, positive member of the committee. In doing so, it is important to listen to and respect the opinions of others. When the ad hoc committee makes a recommendation to the board, it is important for the ad hoc committee members to support the majority decision of the ad hoc committee. An ad hoc committee will function best when its members work within the committee framework and bring items of business to the ad hoc committee.

 

Ad Hoc Committee Membership

Ad hoc committee members may be appointed by the board. The board may request input from individuals or organizations, or it may seek volunteers to serve. Only the board or superintendent has the authority to appoint members to an ad hoc committee. Boards must follow the legal limitations or requirements regarding the membership of an ad hoc committee.

 

Approved: May 20, 2024

Reviewed: May 20, 2024

Revised: May 20, 2024

Policy 209.01: Development of Policy 

 

The board has jurisdiction to legislate policy for the school district with the force and effect of law. Board policy provides the general direction as to what the board wishes to accomplish and why it wishes to accomplish it while allowing the superintendent to implement board policy. 

The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, employees and students in the school district community. The policy statements are the basis for the formulation of regulations by the administration. The board will determine the effectiveness of the policy statements by evaluating periodic reports from the administration. 

Policy statements may be proposed by a board member, administrator, employee, student or member of the school district community. Proposed policy statements or ideas will be submitted to the superintendent's office for possible placement on the board agenda. It is the responsibility of the superintendent to bring these proposals to the attention of the board.

 

Legal Reference: Iowa Code §§ 274.1-.2; 279.8. 281 I.A.C. 12.3(2).

 

Approved: May 20, 2024

Reviewed: April 17, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

209.02: Adoption of Policy 

 

The board will give notice of adoption of new policies by placing the item on the agenda of two regular board meetings. This notice procedure will be required except for emergency situations. If the board adopts a policy in an emergency situation, a statement regarding the emergency and the need for immediate adoption of the policy will be included in the minutes. The board will have complete discretion to determine what constitutes an emergency situation. 

The final action taken to adopt the proposed policy will be approved by a simple majority vote of the board at the next regular meeting after the meeting allowing public discussion. The policy will be effective on the later of the date of passage or the date stated in the motion.

In the case of an emergency, a new or changed policy may be adopted by a majority vote of a quorum of the board. The emergency policy will expire at the close of the third regular meeting following the emergency action, unless the policy adoption procedure stated above is followed and the policy is reaffirmed. 

 

Legal Reference: Iowa Code § 279.8.

 

Approved: May 20, 2024

Reviewed: April 17, 1989; June 15, 1992; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

 

 

The board policy manual is available electronically. Persons unable to access the policy manual electronically should contact the board secretary for assistance.

Copies of changes in board policy will also be included in or attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

 

Legal Reference: Iowa Code §§ 277.31; 279.8.

 

Approved: May 20, 2024

Reviewed: April 17, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

   

 

 

 

 

Policy 209.04: Suspension of Policy 

 

Generally, the board will follow board policy and enforce it equitably. The board, and only the board, may, in extreme emergencies of a very unique nature, suspend policy. It is within the discretion of the board to determine when an extreme emergency of a very unique nature exists. Reasons for suspension of board policy will be documented in board minutes.

 

Legal Reference: Iowa Code § 279.8. 281 I.A.C. 12.3(2).

 

Approved: May 20, 2024

Reviewed: June 15, 1992; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

Policy 209.05: Administration in the Absence of Policy 

 

When there is no board policy in existence to provide guidance on a matter, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the educational philosophy and financial condition of the school district.

It is the responsibility of the superintendent to inform the board of the situation and the action taken and to document the action taken. If needed, the superintendent will draft a proposed policy for the board to consider.

 

Legal Reference: Iowa Code § 279.8. 281 I.A.C. 12.3(2).

 

Approved: May 20, 2024

Reviewed: April 17, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

 

Policy 209.06: Review and Revision of Policy 

 

The board shall, at least once every five years, review board policy. Once the policy has been reviewed, even if no changes were made, a notation of the date of review is made on the face of the policy statement. 

 

The board will review one-fifth of the policy manual annually according to the following subject areas:

• Board of Directors (Series 200)

• Administration, Employees (Series 300 and 400)

• School District, Education Program (Series 100 and 600)

• Students (Series 500)

• Non Instructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 700, 800 and 900)

 

It is the responsibility of the superintendent to keep the board informed as to legal changes at both the federal and state levels. The superintendent will also be responsible for bringing proposed policy statement revisions to the board's attention.

If a policy is revised because of a legal change over which the board has no control or a change which is minor, the policy may be approved at one meeting at the discretion of the board. 

 

Legal Reference: Iowa Code § 279.8. 281 I.A.C. 12.3(2).

 

Approved: May 20, 2024

Reviewed: April 17, 1989; June 15, 1992; June 17, 1995; May 18, 1998; September 20, 2010; June 18, 2013, June 20, 2016, March 4, 2019, May 20, 2024

Revised: May 20, 2024

 

 

(April 17, 1989; June 15, 1992; June 17, 1995; May 18, 1998; September 20, 2010; June 18, 2013, June 20, 2016, March 4, 2019)

 

Policy 209.07: Review of Administrative Regulations 

Board policy sets the direction for the administration of the education program and school district operations. Some policies require administrative regulations for implementation.

It is the responsibility of the superintendent to develop administrative regulations to implement the board policies. The regulations, including handbooks, will be reviewed and approved by the board prior to their use in the school district. 

The administrative regulations will be available no later than the first regular board meeting after the adoption of the board policy unless the board directs otherwise. 

 

Legal Reference: Iowa Code §§ 279.8, .20.

 

Approved: June 3, 2024

Reviewed: April 17, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

Policy 210.01: Annual Meeting 

 

Each year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board will hold its annual meeting. 

At the annual meeting, the board will examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30. As part of the annual reports, the treasurer will present affidavits from depository banks. The board may also appoint the board's legal counsel at the annual meeting.

 

Legal Reference: Iowa Code §§ 279.1, .3, .33.

 

Approved: June 3, 2024

Reviewed: April 23, 1980; June 15, 1992; September 17, 2001; September 20, 2010; February 21, 2011; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

Policy 210.02: Regular Meeting 

 

The regular meeting time and date will be set by the board at the organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years.

The regular meetings of the board will be held on the 2nd and 4th Monday of each month. Meetings will begin promptly at 5:00p.m.

The board will adhere to this meeting date and time unless the board requires additional meetings or, due to circumstances beyond the board's control, the meeting cannot be held on the regular meeting date, and the meeting will be rescheduled in accordance with law and policy. Public notice of the meetings will be given. 

 

Legal Reference: Iowa Code §§ 21.3, .4; 279.1

 

Approved: June 3, 2024

Reviewed: June 3, 2024

Revised: June 3, 2024

 

Policy 210.03: Special Meeting 

 

It may be necessary for the board to conduct a special meeting in addition to the regularly scheduled board meeting. Special meetings may be called by the president of the board or by the board secretary at the request of a majority of the board. Should a special meeting be called, public notice will be given.

If the special meeting called is an emergency meeting and the board cannot give public notice in its usual manner, the board will give public notice of the meeting as soon as practical and possible in light of the situation. Emergency meetings will only be held when an issue cannot wait twenty-four hours necessary for a special meeting. The reason for the emergency meeting and why notice in its usual manner could not be given will be stated in the minutes. 

Only the purpose or issue for which the special meeting was called may be discussed and decided in the special meeting. The board will strictly adhere to the agenda for the special meeting and action on other issues will be reserved for the next regular or special board meeting.

 

Legal Reference: Iowa Code §§ 21.3, .4; 279.2.

 

Approved: June 3, 2024

Reviewed: April 23, 1980; June 15, 1992; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

 

Policy 210.04: Work Sessions 

 

The board, as a decision making body, is confronted with a continuing flow of problems, issues and needs which require action. While the board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming and thoughtful discussion without action. Therefore, the board may schedule work sessions and retreats in order to provide its members and the administration with such opportunities. The board has the authority to hire an outside facilitator to assist them in work sessions. 

Topics for discussion and study will be announced publicly, and work sessions and retreats will be conducted in open session. No board action will take place at the work session. 

 

Legal Reference: Iowa Code §§ 21; 279.8.

 

Approved: June 3, 2024

Reviewed: June 23, 1986; October 21, 1991; June 15, 1992; June 16, 1997; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

 

Policy 210.05: Meeting Notice

 

Public notice will be given for meetings and work sessions held by the board. Public notice will indicate the time, place, date and tentative agenda of board meetings. The public notice will be posted in a prominent place clearly designated for posting agendas in the central administration office, and on an exterior facing door/window so that community members may see the agenda when the building is physically closed. The agenda will be posted at least 48 hours before it is scheduled, but, at the minimum, twenty-four hours notice needs to be given. 

 

A copy of the public notice will be provided to those who have filed a request for notice with the secretary. A copy of the public notice will also be accessible to employees and students.

 

In the case of special meetings, public notice will be given in the same manner as for a regular meeting unless it is an emergency meeting. In that case, public notice of the meeting will be given as soon as practical and possible in light of the situation. The media and others who have requested notice will be notified of the emergency meeting. Attendance at a special meeting or emergency meeting by the media or board members will constitute a waiver of notice.

 

It is the responsibility of the board secretary to give public notice of board meetings and work sessions.

 

Legal Reference: Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).

Iowa Code §§ 21.2-.4; 279.1, .2.

 

Approved: April 23, 1980; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, August 7, 2023

Reviewed: August 7, 2023

Revised: August 7, 2023

Policy 210.06: Quorum 

 

Action by the board regarding the affairs of the school district may be taken only when a quorum, a majority of the board members, is in attendance at the board meeting. While in person participation is encouraged, board members may attend meetings either in person or electronically provided each member can hear and be heard in real time by all members present and the public. 

While board members are encouraged to attend board meetings, 3 members will constitute a quorum and are a sufficient number to transact business of the school corporation. The adjournment of a meeting may be executed without a quorum. 

An affirmative vote of a majority of the votes cast is sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.

It is the responsibility of each board member to attend board meetings.

 

Legal Reference: Iowa Code §§ 21.5(1); 279.4. 

 

Approved: June 3, 2024

Reviewed: December 21, 1987; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

Policy 210.07: Rules of Order 

 

An orderly board meeting allows the board members to participate in the discussion and decision process on an issue confronting the school district. Rules of order for board meetings allow school district business and the relative information concerning the business to be brought to the attention of the board. They also allow the board to discuss, act upon and make a clear record of school district business in a regular, ordered, reasonable and consistent manner. 

The board will follow Robert's Rule of Order, Revised, latest edition as modified by this policy and subsequent rule. 

The purpose of modified rules adopted by the board are:

• To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;

• To organize the meetings so all necessary matters can be brought to the board and decisions of the board can be made in an orderly and reasonable manner;

• To ensure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to ensure adequate discussion of decisions to be made; and, 

• To ensure meetings and actions of the board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.

 

It is the responsibility of each board member to follow the rules of order stated in this policy at each meeting, and it is the responsibility of the presiding officer to conduct the board meeting within these rules.

 

Legal Reference: Iowa Code §§ 21.2, .7; 279.8.

 

Approved: June 3, 2024

Reviewed: June 15, 1992; September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

  

 

Regulation 210.07-R(1): Rules of Order 

 

The following rules of procedure have been adopted by the board at the annual or organizational meeting:

1. Board members need not rise to gain the recognition of the board president.

2. All motions will be made as a positive action. 

3. A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast. Only "yes" and "no" votes are counted in this calculation. It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session. 

4. All motions shall receive a second, prior to opening the issue for discussion of the board. If a motion does not receive a second, the board president may declare the motion dead for lack of a second. 

5. The board president may decide the order in which board members will be recognized to address an issue. An attempt should be made to alternate between pro and con positions. 

6. The board president shall rule on all motions that come before the board. 

7. The board president may rule on points of order brought before the board. 

8. The board president shall have complete authority to recognize a member of the audience regarding a request to participate in the board meeting. Members of the public who wish to participate shall follow board policy. 

9. The board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting. 

10. The board president has the same authority and responsibility as each board member to vote on all issues

 

Approved: June 3, 2024

Reviewed: June 3, 2024

Revised: June 3, 2024

 

Policy 210.08: Board Meeting Agenda 

 

The tentative agenda for each board meeting will state the topics for discussion and action at the board meeting. The agenda is part of the public notice of the board meeting and will be posted and distributed. 

Persons requesting to place an item on the agenda must make a request to the superintendent prior to the drafting of the tentative agenda. The person making the request must state the person's name, address, purpose of the presentation, action desired and pertinent background information. Requests from the public may be added to the tentative agenda at the discretion of the superintendent after consultation with the board president. Requests received after the deadline may only be added to the agenda for good cause. 

The tentative agenda and supporting documents will be sent to the board members 3 days prior to the scheduled board meeting. These documents are the private property of the board member. Persons wishing to view the tentative agenda and supporting documents may do so at the central administration office. 

The board will take action only on the items listed on the tentative agenda posted with the public notice. Items added to the agenda may be discussed or taken under advisement by the board. If an added item is acted upon, the minutes of the board meeting will state the reason justifying the immediate action.

It is the responsibility of the board president and superintendent to develop the agenda for each board meeting. Any board member may place an item on the next regular agenda with the consent of a majority of the board. Board members wishing to do so should provide notice to the superintendent and board president 5 days prior to the scheduled meeting. 

 

Legal Reference: Iowa Code §§ 21; 279.8.

 

Approved: June 3, 2024

Reviewed: April 23, 1980; June 23, 1986; December 17, 1990; October 21, 1991; June 15, 1992; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019

Revised: June 3, 2024

 

 

Exhibit 210.08-E(1): Board Meeting Agenda - Example

 

BOARD MEETING AGENDA EXAMPLE

South Tama County Community School District

[Regular Board Meeting] or [Special Board Meeting]

[Insert Meeting Location]

[Insert Date (Day, Month Date, Year)]

[Insert Time (ex. 6:00 p.m.)]

 

A. Call to Order, Board President

 

B. Opening Activities [Pledge of Allegiance, Mission Statement]

 

C. Roll Call, Board Secretary

 

D. Public Forum

[Insert reference to policy or procedure title and number and a brief description of the limitations

of public forum (Ex. IASB Sample Policy 213 – Public Participation in Meetings)]

 

E. Agenda Approval

 

F. Consent Agenda Approval

F1. Consent Agenda Items [Ex. Minutes, Bill Listing, Contract Approvals]

[Insert reference to relevant district policies and procedures (Ex. IASB Sample Policy 210.9 –

Consent Agenda)]

F2. Consent Agenda Items Continued…

 

G. Presentations [Ex. District goals and priorities update; student learning updates and achievements]

[Insert presentation topic, presenter organization (if outside the district), and presenter name]

[Insert reference to relevant district policies, priorities, and goals]

 

H. Public Hearings [Ex. School calendar adoption, upcoming district budget, and other items for which a public hearing may be embedded into a regular meeting]

 

I. Discussion Items [Informational, no action required]

 

J. Action Items [Ex. Resolutions, Approvals, Adoptions]

J1. Action Items. Consideration of approval of [Insert action item description]

[Insert Superintendent recommendation]

[Insert district staff member name to present on this topic (If different than Superintendent)]

[Insert reference to relevant district policies, priorities, and goals]

J2. Action Items Continued...

K. Policy Reviews

[Insert policy title and number]

[Insert Introduction, Second Reading, or Third (and Final) Reading]

[Insert district staff member name to present on this topic]

 

L. Upcoming Events and Community Updates

1. Superintendent

2. Board President and Board Members

3. Other District Staff, as appropriate

 

M. Adjournment

 

Upcoming Meetings: [Insert dates for upcoming board meetings]

 

Approved: June 3, 2024, November 25, 2024

Reviewed: November 25, 2024

Revised: November 25, 2024

Exhibit 210.08-E(2): Board Meeting Agenda - Example (with closed session) 

 

BOARD MEETING AGENDA EXAMPLE (with closed session)

South Tama County Community School District

[Regular Board Meeting] or [Special Board Meeting]

[Insert Meeting Location]

[Insert Date (Day, Month Date, Year)]

[Insert Time (ex. 6:00 p.m.)]

 

A. Call to Order, Board President

 

B. Opening Activities [Pledge of Allegiance, Mission Statement]

 

C. Roll Call, Board Secretary

 

D. Public Forum

[Insert reference to policy or procedure title and number and a brief description of the limitations

of public forum (Ex. IASB Sample Policy 213 – Public Participation in Meetings)]

 

E. Agenda Approval

 

F. Consent Agenda Approval

F1. Consent Agenda Items [Ex. Minutes, Bill Listing, Contract Approvals]

[Insert reference to relevant district policies and procedures (Ex. IASB Sample Policy 210.9 –Consent Agenda)]

F2. Consent Agenda Items Continued…

 

G. Presentations [Ex. District goals and priorities update; student learning updates and achievements] [Insert presentation topic, presenter organization (if outside the district), and presenter name]

[Insert reference to relevant district policies, priorities, and goals]

 

H. Public Hearings [Ex. School calendar adoption, upcoming district budget, and other items for which a public hearing may be embedded into a regular meeting]

 

J. Discussion Items [Informational, no action required]

 

K. Action Items [Ex. Resolutions, Approvals, Adoptions]

K.1 Action Items. Consideration of approval of [Insert action item description].

[Insert Superintendent recommendation]

[Insert district staff member name to present on this topic (If different than Superintendent)]

[Insert reference to relevant district policies, priorities, and goals]

K.2 Action Items Continued…

 

L. Policy Reviews

[Insert policy title and number]

[Insert Introduction, Second Reading, or Third (and Final) Reading]

[Insert district staff member name to present on this topic]

 

M. Upcoming Events and Community Updates

1. Superintendent

2. Board President and Board Members

3. Other District Staff, as appropriate

 

N.Closed Session [Motion and vote to enter, no action taken]

[Insert legal authority to enter closed session pursuant to Iowa Code § 21 (Ex., “I move that we

hold a closed session as authorized by section 21.5 of the open meetings law to...]

[Insert reference to relevant district policies and procedures (Ex. IASB Sample Policy 212 –

Closed Sessions)]

 

*Board decision to leave closed session*

 

O. Board Action (if needed) on Topic Discussed in Closed Session

 

P.Adjournment

 

Upcoming Meetings: [Insert dates for upcoming board meetings]

 

 

Approved: June 3, 2024

Reviewed: June 3, 2024

Revised: June 3, 2024

 

 

Policy 210.09: Consent Agenda 

 

Very often the board must consider agenda items which are noncontroversial or similar in content. Such agenda items might include ministerial tasks such as, but not limited to, the approval of the agenda, approval of previous minutes, approval of bills, approval of reports, etc. These items might also include similar groups of decisions such as, but not limited to, approval of staff contracts, approval of maintenance details for the school buildings and grounds, open enrollment requests or approval of various schedules.

 

In order for a more efficient administration of board meetings, the board may elect to use a consent agenda for the passage of noncontroversial items or items of a similar nature. 

 

The superintendent in consultation with the board president and board secretary shall place items on the consent agenda. By using a consent agenda, the board has consented to the consideration of certain items as a group under one resolution. Items may be removed from the consent agenda at the request of a board member. 

 

Nothing in this policy is to be construed as an attempt to avoid full compliance with laws dealing with open meetings or public notice of the agenda and meeting.

 

Legal Reference: Iowa Code §§ 21; 279.8.

 

Approved: June 3, 2024

Reviewed: December 21, 1987, September 20, 2010; November 15, 2010; June 18, 2012, June 20, 2016, March 4, 2019

Revised: June 3, 2024

 

 

 

 

 

Policy 211: Open Meetings Status

A gathering of a majority of board members either in person or electronically in which deliberation of an issue within the scope of the board's policy making duties takes place is a board meeting. A gathering for the purpose of social or ministerial action will not constitute a board meeting when there is no discussion of policy or no intent to avoid the purpose of the open meetings law. Meetings of the board will be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.

 

Legal Reference: Iowa Code §§ 21, 279.1-.2.

 

Approved: June 3, 2024

Reviewed: June 3, 2024

Revised: June 3, 2024

Policy 212: Closed Sessions 

 

Generally, board meetings will be open meetings, unless a closed session is provided for by law. 

Closed sessions take place as part of an open meeting. The board may enter into a closed session for any reason permitted by law. 

The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice with the full text of the Iowa Code citation reference stated on the agenda. The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present, if any are absent, must vote in favor of the motion on a roll call vote. Closed sessions will be recorded and have detailed minutes kept by the board secretary. No voting will take place in the closed session. Final action on matters discussed in the closed session will be taken in an open meeting. 

The minutes and recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The recordings and the written minutes will be kept for one year from the date of the meeting. Real estate related minutes and recordings will be made public after the real estate transaction is completed. 

The detailed minutes recording will be sealed and will not be public records open to public inspection. The minutes recording will only be available to board members or opened upon court or administrative order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to whom may be present at a closed session, but generally closed sessions will be limited to the board, a recording secretary and the superintendent if indicated. The board has discretion to nominate the board secretary or any board member to serve as recording secretary for the closed session.

 

Legal Reference: Iowa Code §§ 21; 22.7; 279.24.

 

Approved: June 3, 2024

Reviewed: June 15, 1992; September 20, 201; June 18, 2012, June 20, 2016, March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

Policy 212.01: Exempt Meetings 

 

Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without recording the gathering or taking minutes, and be held without a vote or motion. The board may also hold an exempt session for the following reasons, or as may be otherwise authorized by law:

1. Negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;

2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;

3. to conduct a private hearing relating to the recommended termination of a teacher's contract. The private hearing however, in the teacher's contract termination will be recorded verbatim by a court reporter; and

4. to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.

 

 

Legal Reference: Iowa Code §§ 20.17; 21; 22.7; 279.15, .16.

 

Approved: June 3, 2024

Reviewed: March 4, 2019, June 3, 2024

Revised: June 3, 2024

 

 

 

Policy 213: Public Participation in Board Meetings

 

The board recognizes the importance of citizen participation in school district matters. In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the board will set aside a specific time for public comment. 

Public Comment During Board Meetings

Citizens wishing to address the board during public comment must notify the board secretary prior to the board meeting. The board president will recognize these individuals to make their comments at the appropriate time during public comment. Citizens wishing to present petitions to the board may also do so at this time. The board however, will only receive the petitions and not act upon them or their contents. 

The board has the discretion to limit the amount of time set aside for public participation. Normally, speakers will be limited to 3 minutes with a total allotted time for public participation of 60 minutes. However, the board may modify this time limit, if deemed appropriate or necessary. 

Public comment is a time set aside for community input, but the board will not discuss or take any action on any matter during public comment. 

Public comment shall be limited to regular board meetings and will not be routinely held during special board meetings. 

Petitions to Place a Topic on the Agenda

Individuals who wish for an item to be placed on the board agenda may submit a valid petition to the board. For a petition to be valid, it must be signed by at least 500 eligible electors of the district, or ten percent of the individuals who voted in the last school election, whichever number is lower. 

Upon receiving a valid petition to the board to place a proposal on the next board agenda for public hearing, the board will place the proposal identified in the petition on the agenda of the next regular meeting, or a special meeting held within 30 days of receipt of the petition. The board will provide a sign-up sheet for all individuals who wish to speak on the proposal, and individuals will be called to speak in order of sign-up. The sign-up sheet will require each individual to list their legal name and mailing address. Each speaker will be limited to an amount of time established by the board president that is reasonable and necessary based on the number of speakers signed up. The same time limit will apply to all speakers on the proposal. Each individual will be limited to one opportunity to speak. The board maintains absolute discretion on whether or not to discuss or act on the public comments made on the proposal. If a petition is related to curriculum, the district maintains discretion to determine whether to stop teaching that curriculum until the board holds the public hearing to discuss the curriculum. 

 

The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public and the board will address each other with civility. The orderly process of the board meeting will not be interfered with or disrupted by public comment. Only individuals recognized by the board president will be allowed to speak. Comments by others are out of order. If disruptive, the individual causing disruption may be asked to leave the board meeting. Defamatory comments may be subject to legal action. 

 

Legal Reference: Iowa Code §§ 21; 22; 279.8, 279.8B

 

Approved: March 4, 2019, June 17, 2024

Reviewed: August 7, 2023

Revised: August 7, 2023; June 17, 2024

 

 

 

213.01: Public Complaints

 

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. 

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern, please refer to the District Organizational Chart. 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 should first be addressed to the teacher or employee. 

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

c. Unsettled matters 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 for consideration. To bring a concern, the individual shall notify the board president or board secretary in writing, who may bring it to the attention of the entire board. 

 

Parents, guardians and community members of the district who have concerns about the district or the board may refer to the student handbook for additional guidance from the Iowa Department of Education.

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider whether to address complaints if they are in writing, signed, and the complainant has complied with this policy. The board is not obligated to address a complaint and may defer to the decision of the superintendent. If the board elects not to address a complaint, the decision of the superintendent shall be final. If the board does elect to address a complaint, its decision shall be final. 

 

Legal Reference: Iowa Code § 279.8

 

Approved: June 17, 2024

Reviewed:  June 17, 2024

Revised: June 17, 2024

 

214: Public Hearings

Public hearings may be held on school district matters at the discretion of the board. Public notice of a public hearing will be in the same manner as for a board meeting except that the notice will be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so, or the law requires otherwise. 

At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held. Others may be allowed to speak at the board's discretion. Speakers are asked to keep their remarks as brief as possible. Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals. In no event will a speaker be allowed to take the time of another speaker. 

The board will conduct public hearings in an orderly fashion. At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the board president. The board president will recognize the speakers. A board member may ask questions of the speakers after receiving permission from the board president. Only those speakers recognized by the chair will be allowed to speak. Comments by others are out of order. Individuals who interfere with or interrupt speakers, the board or the proceedings will be asked to leave.

 

 

Legal Reference: Iowa Code §§ 21; 24.9; 26.12; 279.8, .10; 297.22.

 

Approved: June 17, 2024

Reviewed: March 4, 2019, June 17, 2024

Revised: June 17, 2024

 

 

215: Board of Directors’ Records

 

The board will keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.

It is the responsibility of the board secretary to keep the minutes of the board meetings. The minutes of each board meeting will include, at a minimum, the following items: a record of the date, time, place, members present, action taken and the vote of each member, and the schedule of bills allowed will be attached. This information will be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication. The information does not need to be published within two weeks. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes. The permanent records of the board minutes may include more detail than is required for the publication of the minutes. 

Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped. 

 

Legal Reference: Iowa Code §§ 21; 22;

 

Approved: June 17, 2024

Reviewed: December 21, 1987; September 18, 1989; June 15, 1992; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 15, 2020

Revised: June 17, 2024

215E1: Board of Directors’ Records - Board Meeting Minutes

 

BOARD MEETING MINUTES

 

Since the official minutes of the board are the only legal record, it is important that they be recorded with extreme care and completeness. The board secretary will follow the following guidelines in writing board minutes:

 

With respect to content, the minutes should show the following:

 

1. The place, date, and time of each meeting.

2. The type of meeting--regular, special, emergency, work session.

3. Members present and members absent, by name.

4. The call to order and adjournment.

5. The departure of members by name before adjournment.

6. The late arrival of members, by name.

7. The time and place of the next meeting.

8. Approval, or amendment and approval, of the minutes of the preceding meeting.

9. Complete information as to each subject of the board's deliberation and the action taken.

10. The maker and seconder of the motion, what action was taken, and the vote on the motion

detailed enough to attribute a vote to each member present.

11. Complete text of all board resolutions, numbered consecutively for each fiscal year.

12. A record of all contracts entered into, with the contract documents kept in a separate file.

13. A record of all change orders on construction contracts.

14. All employment changes, including resignations or terminations.

15. A record, by number, of the bills of account approved by the board for payment.

16. A record of all calls for bids, bids received, and action taken thereon.

17. Approval of all transfers of funds from one budgetary fund to another.

18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book along with the minutes.

19. Board policy and administrative guides should be made a part of the minutes by exhibit.

20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.

21. Approval or disapproval of open enrollment requests with justification for disapproval or

approval after the deadline.

22. A record of all delegations appearing before the board and a record of all petitions.

23. At the annual meeting each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.

24. The election or appointment of board officers.

25. The appointment of auditors to examine the books.

 

At the annual or organizational meeting in odd-numbered years, the minutes should reflect the following:

26. Appointment of a temporary chairperson if not specified in policy.

27. Oath of office administered to newly elected board members.

28. Nominations taken for the office of president and vice-president.

29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.

30. The resolution to pay bills when the board is not in session.

31. A resolution to automatically disburse payroll along with a roster of all employees under contract.

32. A resolution naming depositories along with the maximum deposit for each depository.

33. Resolution authorizing the use of a check protector and signer and the proper control of the

signer.

34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired for the balance of the school year.

 

 

Approved: June 17, 2024

Reviewed: June 17, 2024

Revised: June 17, 2024

 

216.01: Association Membership

 

Participation in board member associations are beneficial to the board. The board will maintain an active membership in the Iowa Association of School Boards and in organizations the board determines will be of benefit to the board and the school district.

Legal Reference: Iowa Code § 279.38.

 

Approved: June 17, 2024

Reviewed: April 23, 1980; September 18, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019

Revised: 

June 17, 2024

 

 

 

216.02 - Board of Directors' Member Development and Training

 

High achieving school boards work as a team to create high expectations for all students. Board learning is foundational to creating this solid governance structure focused on student learning for school boards. The board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions. 

The board will work closely with the Iowa Association of School Boards' and encourage the board members to participate in qualifying learning opportunities to achieve the Annual Board Award. 

 

Legal Reference: Iowa Code §§ 279.8, .38.

 

Approved: February 6, 2023

Reviewed: February 6, 2023

Revised:

Policy 216.03: Board of Directors' Member Compensation and Expenses 

 

As an elected public official, the board member is a public servant who serves without compensation. Board members will be reimbursed for actual and necessary expenses incurred in the performance of their official duties. 

Prior to reimbursement of actual and necessary expenses, the board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a detailed receipt will make the expense non reimbursable. Personal expenses will be reimbursed by the board member to the school district no later than ten working days following the date of the expense. In exceptional circumstances, the board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances will be maintained as part of the school district's record of the claim.

Meals shall be reimbursed, when an employee is in ‘overnight status’ per Internal Revenue Service guidelines with reimbursement up to $40 per day with detailed receipt.  The Superintendent may authorize above these limits for unusual circumstances.

It is the responsibility of the board secretary to compile the expenses of board members and bring them to the board for audit and approval in the same manner as other claims of the school district. It is the responsibility of the board to determine through the audit and approval process of the board whether the expenses incurred by a board member are actual and necessary expenses incurred in the performance of their official duties.

Travel outside of the school district must be pre-approved. Pre-approved expenses for transportation within three- hundred miles of the central administration office of the school district will be by automobile. If a school district vehicle is not available, the board member will be reimbursed at the rate consistent with IRS federal amount per mile. Pre-approved expenses for transportation outside of three-hundred miles will be by public carrier. Reimbursement for air travel will be at the tourist class fares. Should a board member choose to travel by automobile, reimbursement will 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 board members traveling on behalf of the school district warrant a larger vehicle. Travel inside the school district in the board member's personal vehicle will be reimbursed at the rate consistent with IRS federal amount per mile.

 

Legal Reference: Iowa Code §§ 68B; 277.27; 279.7A, .8, .32.

 

Approved: June 17, 2024

Reviewed: April 23, 1980; September 18, 1989; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019

Revised: June 17, 2024

 

 

 

 

Policy 217: Gifts to Board of Directors 

 

Board members may receive a gift on behalf of the school district. Board members will not, either directly or indirectly, solicit, accept or receive a 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 board member'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 a board member'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 board recipient;

• Items received from a charitable, professional, educational or business organization to which the board member 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 a board member 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 board member has participation or presentation responsibilities;

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

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

• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given 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 a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;

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

• Gifts other than food, beverages, travel and lodging received by a board member 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 board member; or

• 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, a board member as consideration for an appearance, speech or article. An honorarium does not include any of the following:

• Actual expenses of a board member 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 board member has participation or presentation responsibilities;

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

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

 

It is the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums. 

 

Legal Reference: Iowa Code ch. 68B.

 

Approved: June 17, 2024

Reviewed: November 16, 1992; September 19, 1994; September 20, 2010; June 18, 2012, June 20, 2016, March 4, 2019, June 17, 2024

Revised: June 17, 2024

 

 

 

 

In this series of the board policy manual, the board defines the role and the employment of school district administrators. Policies in the 400 Series, "Employees," also apply to administrators unless a more specific policy exists in the 300 Series, "Administration." 

School district administrators have been given a great opportunity and responsibility to manage the school district, to provide educational leadership, and to implement the educational philosophy of the school district. They are responsible for the day-to-day operations of the school district. In carrying out these operations, the administrators are guided by board policies, the law, the needs of the students, and the wishes of the citizens in the school district community.

It is the responsibility of the administrators to implement and enforce the policies of the board, to oversee employees, to monitor educational issues confronting the school district, and to inform the board about school district operations. 

While the board holds the superintendent ultimately responsible for these duties, the principals are more directly responsible for educational results, for the administration of the school facilities and for the employees. 

The board and the administration will work together to share information and decisions under the management team concept.

 

Approved: July 22, 2024

Reviewed: December 12, 1979; September 20, 2010; July 9, 2012, June 20, 2016, April 23, 2019, July 22, 2024

Revised: July 22, 2024

 

 

The board and the administrators will work together in making decisions and setting goals for the school district. This effort is designed to obtain, share, and use information to solve problems, make decisions, and formulate school district policies and regulations.

It is the responsibility of each administrator to fully participate in the management of the school district by investigating, analyzing, and expressing their views on issues. Those board members or administrators with special expertise or knowledge of an issue may be called upon to provide information. Each board member and administrator will support the decisions reached on the issues confronting the school district. 

The board is responsible for making the final decision in matters pertaining to the school district.

It is the responsibility of the superintendent to develop guidelines for cooperative decision-making.

Legal Reference: Iowa Code § 279.8

 

Approved: July 22, 2024

Reviewed: December 12, 1979; September 20, 2010; July 9, 2012, June 20, 2016, April 23, 2019; July 22, 2024

Revised: July 22, 2024

 

 

The South Tama County School District agrees, as a further condition of the Superintendent’s employment contract, that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions, and legal proceedings brought against the Superintendent in his individual capacity, or in his official capacity as agent and employee of the District, provided the incident arose while the Superintendent was acting within the scope of his employment and provided such coverage is consistent with the District’s insurance policy.

If in the good faith opinion of the Superintendent, a conflict exists as regards the defense to such claim between the legal position of the superintendent and the legal position of the District, the Superintendent may engage counsel in which event the District shall indemnify the Superintendent for the costs of legal defense to the extent such coverage is consistent with the District’s insurance policy.

 

 

 (June 23, 1986; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019)

 

The board will employ a superintendent to serve as the chief executive officer of the board, to conduct the daily operations of the school district, and to implement board policy with the power and duties prescribed by the board and the law. 

The board will consider applicants that meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the superintendent position. In employing a superintendent, the board will consider the  qualifications, credentials and records of the applicants without regard to race, color, creed, religion, sex, national origin, age, sexual orientation, gender identity or disability. In keeping with the law, however, the board will consider the veteran status of the applicants. The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing a superintendent, the board will also consider the school district's educational philosophy, financial situation, organizational structure, education programs, and other factors deemed relevant by the board. 

The board may contract for assistance in the search for a superintendent. 

 

Legal Reference: 29 U.S.C. §§ 621-634

42 U.S.C. §§ 2000e et seq. 

Iowa Code §§ 21.5(1)(i); 35C; 216; 279.8, .20.

281 I.A.C. 12.4(4)

 

Approved: July 22, 2024

Reviewed: September 18, 1989; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; July 22, 2024

Revised: July 22, 2024

 

 

 

The length of the contract for employment between the superintendent and the board is determined by the board. The contract will begin on July 1 and end on June 30. The contract will state the terms of employment and shall not exceed three years. 

The first three consecutive years of a contract issued to a newly employed superintendent is considered a probationary period. The probationary period may be extended for an additional year upon the consent of the superintendent. In the event of termination of a probationary or non probationary contract, the board will afford the superintendent appropriate due process, as required by law. The superintendent and board may mutually agree to terminate the superintendent's contract at any time.

It is the responsibility of the board to provide the contract for the superintendent. The board may issue a temporary and nonrenewable contract in accordance with law.

If the superintendent wishes to resign, to be released from a contract, or to retire, the superintendent must comply with applicable law and board policies. 

 

Legal Reference: 

Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994). 

Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980). 

Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979). 

Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979). 

Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966). 

Iowa Code § 279. 281 I.A.C. 12.4.

 

Approved: July 22, 2024

Reviewed: September 18, 1989; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; July 22, 2024

Revised: July 22, 2024

 

 

 

The board has complete discretion to set the salary of the superintendent. It is the responsibility of the board to set the salary and benefits of the superintendent at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the superintendent. The salary is set at the beginning of each contract term.

In addition to the salary and benefits, the superintendent's actual and necessary expenses are paid by the school district when the superintendent is performing work-related duties. It is within the discretion of the board to pay dues to professional organizations for the superintendent. 

The board may approve the payment of dues and other benefits or compensation over and above the superintendent's contract. Approval of dues and other benefits or compensation will be included in the records of the board in accordance with board policy. 

 

Legal Reference: Iowa Code §§ 279.8, .20.

 

Approved: July 22, 2024

Reviewed: December 17, 1979; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; July 22, 2024

Revised: July 22, 2024

 

 

 

The board employs a superintendent of schools to serve as the chief executive officer of the board. The board delegates to the superintendent the authority to implement board policy and to execute decisions made by the board concerning the internal operations of the school district, unless specifically stated otherwise. 

The superintendent is responsible for the implementation and execution of board policy and the observance of board policy by employees and students. The superintendent is responsible for overall supervision and discipline of employees and the education program.

In executing the above-stated duties, the superintendent will consider the financial situation of the school district as well as the needs of the students. Specifically, the superintendent:

• Interprets and implements all board policies and all state and federal laws relevant to education;

• Supervises, either directly or through delegation, all activities of the school system according to, and consistent with, the policies of the board;

• Represents the board as a liaison between the school district and the community;

• Establishes and maintains a program of public relations to keep the public well-informed of the activities and needs of the school district, effecting a wholesome and cooperative working relationship between the school district and the community;

• Attends and participates in all meetings of the board, except when the superintendent has been excused, and makes recommendations affecting the school district;

• Reports to the board on such matters as deemed material to the understanding and proper management of the school district or as the board may request;

• Assumes responsibility for the overall financial planning of the district and for the preparation of the annual budget, and submits it to the board for review and approval;

• Establishes and maintains efficient procedures and effective controls for all expenditures of school district funds in accordance with the adopted budget, subject to the direction and approval of the board;

• Files, or causes to be filed, all reports required by law;

• Makes recommendations to the board for the selection of employees for the school district;

• Makes and records assignments and transfers of all employees pursuant to their qualifications;

• Employs such employees as may be necessary, within the limits of budgetary provisions and subject to the board's approval;

• Recommends to the board, for final action, the promotion, salary change, demotion, or dismissal of any employee;

• Prescribes rules for the classification and advancement of students, and for the transfer of students from one building to another in accordance with board policies;

• Summons employees of the school district to attend such regular and occasional meetings as are necessary to carry out the education program of the school district;

• Supervises methods of teaching, supervision, and administration in effect in the schools;

• Attends such conventions and conferences as are necessary to keep informed of the latest educational trends;

• Accepts responsibility for the general efficiency of the school system, for the development of the employees, and for the educational growth and welfare of the students;

• Defines educational needs and formulates policies and plans for recommendation to the board;

• Makes administrative decisions necessary for the proper functioning of the school district;

• Responsible for scheduling the use of buildings and grounds by all groups and/or organizations;

• Acts as the purchasing agent for the board, and establishes procedures for the purchase of books, materials and supplies;

• Approves vacation schedules for employees;

• Conducts periodic district administration meetings;

• Performs other duties as may be assigned by the board. Supervises the establishment or modification of the boundaries of school attendance and transportation areas subject to approval of the board; and

• Directs studies of buildings and sites, taking into consideration population trends and the educational and cultural needs of the district in order to ensure timely decisions by the board and the electorate regarding construction and renovation projects. 

 

This list of duties will not act to limit the board's authority and responsibility over the superintendent. In executing these duties and others the board may delegate, the superintendent will consider the school district's financial condition as well as the needs of the students in the school district. 

Legal Reference: Iowa Code §§ 279.8, .20, 23A. 281 I.A.C. 12.4(4).

 

Approved: July 22, 2024

Reviewed: December 17, 1979; June 15, 1992; May, 2002; September 20, 2010; July 9, 2012, June 20, 2016, April 23, 2019;July 22, 2024

Revised: July 22, 2024

 

 

The board will conduct an ongoing evaluation of the superintendent's skills, abilities, and competence. At a minimum, the board will formally evaluate the superintendent on an annual basis. The goal of the superintendent's formal evaluation is to ensure the education program for the students is carried out, promote growth in effective administrative leadership, clarify the superintendent's role, clarify the immediate priorities of the board, and develop a working relationship between the board and the superintendent. This policy supports and does not preclude the ongoing, informal evaluation of the superintendent's skills, abilities and competence. 

 

The superintendent will be an educational leader who promotes the success of all students by:

• Mission, Vision and Core Values: Develop, advocate and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student. 

• Ethics and Professional Norms: Act ethically and according to professional norms to promote each student’s academic success and well-being. 

• Equity and Cultural Responsiveness: Strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being. 

• Curriculum, Instruction and Assessment: Develop and support intellectually rigorous and coherent systems of curriculum, instruction and assessment to promote each student’s academic success and well-being. 

• Community Care and Support for Students: Cultivate an inclusive, caring and supportive school community that promotes the academic success and well-being of each student. 

• Professional Capacity of School Personnel: Develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being. 

• Professional Community for Teachers and Staff: Foster a professional community of teachers and professional staff to promote each student’s academic success and well-being. 

• Meaningful Engagement of Families and Community: Engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being. 

• Operations and Management: Manage school operations and resources to promote each student’s academic success and well-being. 

• School Improvement: Act as an agent of continuous improvement to promote each student’s academic success and well-being. 

 

The formal evaluation will be based upon the following principles:

• The evaluation criteria will be in writing, clearly stated and mutually agreed upon by the board and the superintendent. The criteria will be related to the job description, the Iowa Standards for School Leaders, the school district's goals, and the goals of the administrator’s individual professional development plan. 

• At a minimum, the evaluation process will be conducted annually at a time agreed upon;

• Each board member will have an opportunity to individually evaluate the superintendent, and these individual evaluations will be compiled into an overall evaluation from the entire board;

• The superintendent will conduct a self-evaluation prior to discussing the board's evaluation, and the board as a whole will discuss its evaluation with the superintendent;

• The board may discuss its evaluation of the superintendent in closed session upon a request from the superintendent and if the board determines its discussion in open session will needlessly and irreparably injure the superintendent's reputation; and, 

• The individual evaluation by each board member, if individual board members so desire, will not be reviewed by the superintendent. Board members are encouraged, however, to communicate their criticisms and concerns to the superintendent in the closed session. The board president will develop a written summary of the individual evaluations, including both the strengths and the weaknesses of the superintendent, and place it in the superintendent's personnel file to be incorporated into the next cycle of evaluations.

 

Legal Reference: Wedergren v. Board of Directors, 307 N.W.2d 12 (Iowa 1981).

 

Approved: July 22, 2024

Reviewed: June 23, 1986; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; July 22, 2024

Revised:July 22, 2024

 

 

 

 

The board encourages the superintendent to continue professional growth by being involved in professional organizations, attending conferences, continuing education, and participating in other professional activities.

It is the responsibility of the superintendent to arrange the superintendent's schedule in order to enable attendance at various conferences and events. If a conference or event requires the superintendent to be absent from the office for more than three days, requires overnight travel, or involves unusual expenses, the superintendent will bring it to the attention of the board president prior to attending the event. 

The superintendent will report to the board after an event.

 

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

 

Approved: July 22, 2024

Reviewed: April 17, 1989; September 20, 2010; July 9, 2012, June 20, 2016, April 23, 2019; July 22, 2024

Revised: July 22, 2024

 

 

The board encourages the superintendent to be involved in the school district community by belonging to school district community organizations and attending and participating in school district community activities.

It is the responsibility of the superintendent to become involved in school district community activities and events. It is within the discretion of the board to pay annual fees for professional organizations and activities. 

Legal Reference: Iowa Code § 279.8

 

Approved: July 22, 2024

Reviewed: September 18, 1989; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; July 22, 2024 

Revised: July 22, 2024

 

The superintendent is considered a full-time employee. The board expects the superintendent to give the responsibilities of the position precedence over other employment. The superintendent may accept consulting or outside employment for pay as long as, in the judgment of the board, the work is conducted on the superintendent's personal time and it does not interfere with the performance of the superintendent's duties. 

The board reserves the right, however, to request that the superintendent cease the outside employment as a condition of continued employment. The board will give the superintendent thirty days notice to cease outside employment.

Legal Reference: Iowa Code § 279.8, .20.

 

Approved: July 22, 2024

Reviewed: July 22, 2024

Revised: July 22, 2024

The school district will have, in addition to the superintendent, the following administrative/director positions:

Principals, Assistant Principals, Activities Director, Director of Finance, Director of Student Services, Director of Curriculum, Director of Food Service & Nutrition, Director of Technology, Director of Maintenance and Director of Transportation

These administrators/directors will work closely with the superintendent in the day-to-day operations of the school district.

It is the responsibility of these administrators/directors to uphold board policy, to instill a positive, cooperative environment with employees, and to share their expertise with each other and the board under the management team concept.

 

Legal Reference: Iowa Code §§ 279.8, .20, .21, .23-.24. 281 I.A.C. 12.4.

 

Approved: August 12, 2024

Reviewed: December 17, 1979; September 18, 1989; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; August 12, 2024

Revised: August 12, 2024

 

The board will employ building principals and other administrators/directors, in addition to the superintendent, to assist in the daily operations of the school district. 

The board will consider applicants who meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the position. In employing an administrator/director, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, creed, religion, sex, national origin, age, sexual orientation, gender identity or disability. In keeping with the law, however, the board will consider the veteran status of the applicants. The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing an administrator/director, the board will also consider the school district's educational philosophy, financial condition, organizational structure, education programs, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board for filling an administrative/director position, based on the requirements stated in this policy. The board will act only on the superintendent's recommendation. The board may contract for assistance in the search for administrators. 

 

Legal Reference: Iowa Code §§ 279.8, .21. 281 I.A.C. 12.4.

 

Approved: August 12, 2024

Reviewed: December 17, 1979; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; August 12, 2024

Revised: August 12, 2024

 

 

The length of the contract for employment between an administrator/director and the board will be determined by the board and stated in the contract. The contract will also state the terms of the employment. 

The first three consecutive years of a contract issued to a newly employed administrator/director will be considered a probationary period. The probationary period may be extended for an additional year upon the consent of the administrator/director. In the event of termination of a probationary or non probationary contract, the board will afford the administrator/director appropriate due process, as required by law. The administrator/director and board may mutually agree to terminate the administrator's contract.

It is the responsibility of the superintendent to create a contract for each administrative/director position. The board may issue temporary and nonrenewable contracts in accordance with law. 

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

Legal Reference: Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994). Cook v Plainfield Community School District, 301 N.W. 2d 771 (Iowa App. 1980). 

Board of Education of Fort Madison Community School District v Youel, 282 N.W. 2d 677 (Iowa 1979). 

Briggs v Board of Education of Hinton Community School District, 282 N.W. 2d 740 (Iowa 1979).

Iowa Code § 279. 281 I.A.C. 12.4.

 

Approved: August 12, 2024

Reviewed: December 17, 1979; August 21, 1989; September 20, 2010; July 9, 2012, June 20, 2016; April 23, 2019; August 12, 2024

Revised: August 12, 2024

 

 

 

 

The board has complete discretion to set the salary of the administrators/directors. It is the responsibility of the board to set the salary and benefits of the administrators/directors at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the administrators/directors. The salary will be set at the beginning of each contract period.

In addition to the salary and benefits agreed upon, the administrator's/director’s actual and necessary expenses will be paid by the school district when the administrator/director is performing work-related duties. The board will approve the payment of other benefits or compensation over and above the administrator's contract. Approval of other benefits or items of

an administrator's/director’s compensation will be included in the records of the board in accordance with board policy.

 

Legal Reference: Iowa Code § 279.21

 

Approved: August 12, 2024

Reviewed: August 12, 2024

Revised: August 12, 2024

Administrators will be hired by the board to assist the superintendent in the day-to-day operations of the school district. 

Each attendance center will have a building principal responsible for the administration and operation of the attendance center. Each building principal, as chief administrator of the assigned attendance center, is responsible for the building and grounds, for the students and employees assigned to the attendance center, for school activities at the attendance center, for the education program offered in the attendance center, and the budget for the attendance center. The principal is considered the professional advisor to the superintendent in matters pertaining to the attendance center supervised by the principal. Although the principals serve under the direction of the superintendent, duties of the principal may include, but not be limited to the following:

• Cooperate in the general organization and plan of procedure in the school under the principal's supervision;

• Supervision of the teachers in the principal's attendance center;

• Maintain the necessary records for carrying out delegated duties;

• Work with the superintendent in rating, recommending and selecting supervised employees whenever possible;

• Work with the superintendent in determining the education program to be offered and in arranging the schedules. As much of the schedule as possible should be made before school closes for summer vacation. In the matter of courses offered, the final approval rests with the superintendent who is in turn responsible to the board;

• Ensure that proper care is taken of all school books, supplies, materials, equipment, furniture and facilities;

• Instruct teachers to make a complete annual inventory of all school property contained in their individual rooms. This inventory is reviewed and filed with the board secretary;

• Investigate excessive cases of absence or tardiness of students and notify the parents or guardians of unexcused absence or tardiness. All such cases should be reported to the superintendent;

• Make such reports from time to time as the superintendent may require;

• Maintain the regular schedule of school hours established by the board and make no temporary changes in the schedule without the consent of the superintendent;

• Promptly notify the superintendent whenever ventilation, sanitation or heating of the building is unsatisfactory;

• Contribute to the formation and implementation of general policies and procedures of the school;

• Perform such other duties as may be assigned by the superintendent of schools. 

This list of duties will not act to limit the board's authority and responsibility over the position of the administrators. In executing these duties and others the board may delegate, the administrators will consider the school district's financial condition as well as the needs of the students in the school district. 

 

Legal Reference: Iowa Code §§ 279.8,.21,.23A.

 

Approved: December 18, 2023

Reviewed: December 18, 2023; August 12, 2024

Revised: December 18, 2023

 

The Superintendent will conduct an ongoing process of evaluating the administrators/certified directors on their skills, abilities, and competence. At a minimum, the Superintendent will formally evaluate the administrators/certified directors annually. The goal of the formal evaluation process is to ensure that the educational program for the students is carried out, ensure student learning goals of the school district are met, promote growth in effective administrative/directors leadership for the school district, clarify the administrators/certified directors role as defined by the board and the superintendent, assess administrators/certified directors competence in the Iowa Standards for School leaders, ascertain areas in need of improvement, clarify the immediate priorities of the responsibilities listed in the job description, and develop a working relationship between the superintendent and the administrators/certified directors. This policy supports and does not preclude the ongoing informal evaluation of the administrators/certified directors's skills, abilities and competence. 

The superintendent is responsible for designing an administrators/certified directors evaluation instrument to assess, among other things, the administrators/certified directors' competence in meeting the Iowa Standards for School Leaders and the goals of the administrators/certified directors' individual professional development plan. The formal evaluation will include written criteria related to the job description and the Iowa Standards for School Leaders. The superintendent, after receiving input from the administrators/certified directors, will present the formal evaluation instrument to the board for approval. 

The formal evaluation will also include an opportunity for the administrators/certified directors and the superintendent to discuss the written criteria, the past year's performance and the future areas of growth. The evaluation is completed by the superintendent, signed by the administrators/certified directors and filed in the administrators/certified directors's personnel file. 

The principal will be an educational leader who promotes the success of all students by:

• Mission, Vision and Core Values: Develop, advocate and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student. Ethics and Professional Norms: Act ethically and according to professional norms to promote each student’s academic success and well-being. 

• Equity and Cultural Responsiveness: Strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being. 

• Curriculum, Instruction and Assessment: Develop and support intellectually rigorous and coherent systems of curriculum, instruction and assessment to promote each student’s academic success and well-being. 

• Community Care and Support for Students: Cultivate an inclusive, caring and supportive school community that promotes the academic success and well-being of each student. 

• Professional Capacity of School Personnel: Develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being. 

• Professional community for Teachers and Staff: Foster a professional community of teachers and professional staff to promote each student’s academic success and well-being. 

• Meaningful Engagement of Families and Community: Engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being. 

• Operations and Management: Manage school operations and resources to promote each student’s academic success and well-being. 

• School Improvement: Act as an agent of continuous improvement to promote each student’s academic success and well-being.

It is the responsibility of the superintendent to conduct a formal evaluation of the probationary administrators/certified directors and non probationary administrators/certified directors prior to May 15. 

 

Legal Reference: Iowa Code §§ 279.8, .21-.23A. 281 I.A.C. 12.3(3); ch 83.

 

Approved: August 12, 2024

Reviewed: August 12, 2024

Revised: August 12, 2024

The board encourages the administrators/directors to continue their professional growth by becoming involved in professional organizations, attending conferences, continuing their education, and participating in other professional activities.

It is the responsibility of the administrators/directors to arrange their schedules in order to attend various conferences and events in which they are involved. Prior to attendance at an event, the administrator/director must receive approval from the superintendent. In the case where overnight travel or unusual expense is involved, the superintendent will bring it to the attention of the board prior to the administrator attending the event. 

The administrator/director will report to the superintendent after an event.

 

Legal Reference: Iowa Code § 279.8

281 I.A.C. 12.7.

Approved: August 12, 2024

Reviewed: August 12, 2024

Revised: August 12, 2024

The board encourages the administrators/directors to be involved in the school district community by belonging to community organizations and by attending and participating in school district community activities.

It is the responsibility of the administrators/directors to become involved in school district community activities and events. It is within the discretion of the board to pay annual fees for professional organizations and activities. 

 

Legal Reference: Iowa Code § 279.8

Approved: August 12, 2024

Reviewed: August 12, 2024

Revised: August 12, 2024

An administrative/director position is considered full-time employment. The board expects administrators/directors to give the responsibilities of their positions in the school district precedence over other employment. An administrator/director may accept consulting or outside employment for pay as long as, in the judgment of the board and the superintendent, the work is conducted on the administrator's/director’s personal time and it does not interfere with the performance of the administrative/director duties contracted by the board. 

The board reserves the right, however, to request the administrator/director cease the outside employment as a condition of continued employment. The board will give the administrator/director thirty days notice to cease outside employment.

Legal Reference: Iowa Code § 279.8, .21.

 

Approved: August 12, 2024

Reviewed: April 23, 2019; August 12, 2024

Revised: August 12, 2024

 

 

 

Administrative regulations may be necessary to implement board policy. It is the responsibility of the superintendent to develop administrative regulations.

In developing the administrative regulations, the superintendent should consult with administrators or others likely to be affected by the regulations. Once the regulations are developed, employees, students and other members of the school district community will be informed in a manner determined by the superintendent. 

The board will be kept informed of the administrative regulations utilized and their revisions. The board may review and recommend change of administrative regulations prior to their use in the school district if they are contrary to the intent of board policy.

It is the responsibility of the superintendent to enforce administrative regulations.

 

Legal Reference: Iowa Code § 279.8

 

Approved: August 12, 2024

Reviewed: August 12, 2024

Revised: August 12, 2024

 

The administrative regulations will be monitored and revised when necessary. It is the responsibility of the superintendent to monitor and revise the administrative regulations. 

The superintendent may rely on the board, administrators, employees, students, and other members of the school district community to inform the superintendent about the effect of and possible changes in the administrative regulations.

Legal Reference: Iowa Code § 279.8, .20.

 

Approved: August 12, 2024

Reviewed: August 12, 2024

Revised: August 12, 2024

 

Administrators, as part of the educational leadership in the school district community, represent the views of the school district. Their actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, administrators will conduct themselves professionally and in a manner fitting to their position. 

Each administrator will follow the code of ethics stated in this policy. Failure to act in accordance with this code of ethics or in a professional manner, in the judgment of the board, will be grounds for discipline up to, and including, discharge. 

The professional school administrator:

• Makes the education and well-being of students the fundamental value of all decision making. 

• Fulfills all professional duties with honesty and integrity and always acts in a trustworthy and responsible manner. 

• Supports the principle of due process and protects the civil and human rights of all individuals. 

• Implements local, state and national laws. 

• Advises the school board and implements the board's policies and administrative rules and regulations. 

• Pursues appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals or that are not in the best interest of children.

• Avoids using his/her position for personal gain through political, social, religious, economic or other influences. 

• Accepts academic degrees or professional certification only from accredited institutions. 

• Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development. 

• Honors all contracts until fulfillment, release or dissolution mutually agreed upon by all parties.

• Accepts responsibility and accountability for one’s own actions and behaviors. 

• Commits to serving others above self.

 

Legal Reference: Iowa Code § 279.8

282 I.A.C. 13.

 

Approved: December 18, 2023

Reviewed: December 18, 2023

Revised: December 18, 2023

 

In the absence of the superintendent, it is the responsibility of the other administrators to assume the superintendent's duties. The succession of authority to the superintendent is in this order:

1. Director of Finance, 

2. Director of Technology,

3. Director of Student Services, 

4. Director of Curriculum.

If the absence of the superintendent is temporary, the successor will assume only those duties and responsibilities of the superintendent that require immediate action. If the board determines the absence of the superintendent will be a lengthy one, the board will appoint an acting superintendent to assume the responsibilities of the superintendent. The successor will assume the duties when the successor learns of the superintendent's absence or when assigned by the superintendent or the board. 

References to "superintendent" in this policy manual will mean the "superintendent or the superintendent's designee" unless otherwise stated in the board policy.

 

Legal Reference: Iowa Code § 279.8

281 I.A.C. 12.4(4).

 

Approved: August 26, 2024

Reviewed: April 23, 2019; August 26, 2024

Revised: August 26, 2024

 

 

 

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 preparing lunches. Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions. As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students. 

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

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

 

Approved: June 9, 1980; April 18, 2011; June 18, 2012; January 19, 2015, June 10, 2019; February 10, 2025

Reviewed: February 10, 2025

Revised: February 10, 2025

 

 

 

 

401.01: Equal Employment Opportunity 

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

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

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

Prior to a final offer of employment the school district will perform the background checks required by law. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.The district will perform repeat background checks on applicable employees as required by law. 

Advertisements and notices for vacancies within the district will contain the following statement: "The South Tama County Community School District is an EEO/AA employer." The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator, Samantha Peska, by writing to the Affirmative Action Coordinator, South Tama County Community School District, 1702 Harding Street, Tama, Iowa 52339; or by telephoning 641-484-4811.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. Or the Iowa Civil Rights Commission, 6200 Park Avenue, Suite 100, Des Moines, IA 50321-1270, (515) 281- 4121 or 1-800-457-4416,  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level. 

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

Legal Reference: 29 U.S.C. §§ 621-634. 42 U.S.C. §§ 2000e et seq. 42 U.S.C. §§ 12101 et seq. Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8. 281 I.A.C. 12.4; 95.

Approved: December 4, 2023; January 27, 2025

Reviewed: December 4, 2023

Revised: December 4, 2023; January 27, 2025

 

401.02: Employee Conflict of Interest

 

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

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

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

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

 

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

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

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

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

• Cease the outside employment or activity; or, 

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

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

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

 

Legal Reference: 7 C.F.R. 3016.36(3). Iowa Code §§ 20.7; 68B; 279.8; 301.28.

 

Approved: December 18, 2023

Reviewed: December 18, 2023

Revised: December 18, 2023

 

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

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

Boards that permit nepotism may want to add certain requirements to the hiring of family, such as requiring board approval prior to hire. It is recommended that one family member not be allowed to supervise or evaluate another family member unless the superintendent or board approves it. This policy is written to permit nepotism and, upon approval of the superintendent, one family member may supervise another. 

 

Legal Reference: Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

 

Approved: June 10, 2019; January 13, 2025

Reviewed:

Revised:

 

 

401.04: Employee Complaints

 

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

 

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

 

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

 

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

 

Legal Reference: Iowa Code §§ 20; 279.8

 

Approved: December 4, 2023

Reviewed: December 4, 2023

Revised: December 4, 2023

 

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

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

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

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

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

 

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

 

Approved: June 2019, January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

 

Employee Personnel Records Content

 

1. Employee personnel records may contain the following information:

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

• Individual employment contract. 

• Evaluations. 

• Application, resume and references. 

• Salary information. 

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

• Educational transcripts. 

• Assignment. 

• Records of disciplinary matters. 

 

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

• Medical professional signed physical form. 

• Sick or long-term disability leave days. 

• Worker's compensation claims. 

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

• Employee's medical history. 

• Employee emergency names and numbers. 

• Family and medical leave request forms. 

 

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

• The name and compensation of the individual, including any written agreement establishing

• compensation or any other terms of employment, except for that information that is otherwise

• protected. “Compensation” includes the value of benefits conferred including, but not limited to:

• casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;

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

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

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

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

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

 

Applicant File Records Content

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

• Application for employment. 

• Resume. 

• References. 

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

• Affirmative action form, if submitted.

 

Record Access

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

 

Approved: January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

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

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

• the matter has been officially closed by the law enforcement agency;

• the individual is acquitted or otherwise exonerated of the alleged misconduct; or

• more than four years has passed since the case was opened, and no charges or indictment have been filed. 

 

Legal Reference: 20 U.S.C. §7926

Iowa Code §256

281 I.A.C. 12.3(14)

 

Approved: January 27, 2025

Reviewed: January 27, 2025

Revised: January 27, 2025

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

 

Travel Outside the School District

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

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

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

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

Pre-approved expenses for transportation within three-hundred miles of the school district administration office will be by automobile. If a school district vehicle is not available, the employee will be reimbursed mileage at the Internal Revenue Service standard mileage rate. Travel to/from home and work is never a reimbursable travel expense. [Pre-approved expenses for transportation outside of three hundred miles of the school district administrative office may be by public carrier. Reimbursement for air travel will be at the tourist class fares. Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount. Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.]. Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Pre-approved expense for lodging within the state is limited to $200.00 per night.  Employees are expected to identify the most appropriate and cost efficient lodging when traveling.  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.

Meals shall be reimbursed, when an employee is in ‘overnight status’ per Internal Revenue Service guidelines with reimbursement up to $40 per day with a detailed receipt.  

When employees are considering a trip out of District, employees should first consider a school district vehicle. If a school vehicle is not available, the employee will be reimbursed mileage at the Internal Revenue Service standard mileage rate. Travel to/from home and work is never a reimbursable travel expense. Reimbursement for air travel will be at the standard class fares. Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Lodging expenses must follow Iowa Code 80.45A, beginning January 1, 2022, state employees must confirm an in-state lodging provider has received the Human Trafficking Prevention Training Certification at https://stophtiowa.org/certified-locations prior to expending or committing public funds for travel lodging, conferences, meetings, banquets, or any state-funded event. Employees who stay at non-certified facilities will not be reimbursed. 

 

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 Internal Revenue Service standard mileage rate. It is the responsibility of the superintendent to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process. 

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

 

Use of District-Owned Vehicles

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

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

Legal Reference: Iowa Constitution, Art. III, § 31. Iowa Code §§ 70A.9-.11.

 

Approved: January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

 

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 expenses to the school district, the superintendent will seek prior approval from the board. 

Legal Reference: Iowa Const. Art. III, § 31. Iowa Code § 279.8

 

Approved: September 20.1993; November 17, 1997; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019; January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

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

 

Violation of this policy may be grounds for disciplinary action.

 

Legal Reference: Iowa Code §§ 55; 279.8.

 

Approved: April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019; January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

 

Employees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the business/payroll/human resource office. Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance. 

Legal Reference: Iowa Code §§ 20; 279.8. 191 I.A.C. 74.

 

Approved: January 27, 2025

Reviewed: January 27, 2025

Revised: January 27, 2025

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

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

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

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

Certain positions within the district may require the regular use of cell phones to conduct district business. These employees may purchase and/or maintain cell phones and related equipment, at their own expense, to make themselves accessible to the district and to conduct district business more efficiently. The superintendent has discretion to determine which district positions qualify for a cell phone allowance. The monthly cell phone allowance amount shall be established by the superintendent and/or the board. Employees who utilize their personal cell phones shall do so in accordance with this policy and accompanying procedures. The cell phone allowance is neither permanent nor guaranteed. The district reserves the right to rescind the allowance at any time for a violation of district policy or regulation or for any other reason.

Employees violating the policy will be subject to discipline, up to and including discharge. It is the responsibility of the superintendent to develop administrative regulations regarding this policy. 

This is a mandatory policy. 

 

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

 

Iowa Code §§ 279.8; 321.276.

 

Approved: January 27, 2025

Reviewed: January 27, 2025

Revised: January 27, 2025

Cell phone Usage

 

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

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

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

 

Cell Phone Business Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent. 

1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required. The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related. School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures. Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested. Requests submitted after the reimbursement deadline has passed will be denied.

 

Approved: January 27, 2025

Reviewed: January 27, 2025

Revised: January 27, 2025

Policy 401.14: Employee Expression 

 

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

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

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

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

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

 

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

Kennedy v. Bremerton School District, 597 U.S. (2022) 

Iowa Code §§ 279.73; 280.22 

 

Approved: April 3, 2023

Reviewed: April 3, 2023

Revised: April 3, 2023

2

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

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

Legal Reference: Iowa Code §§ 22.7; 279.8.

 

Approved: April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019; January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

402.02: Child Abuse Reporting

 

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties. 

 

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

 

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

 

Legal Reference:

Iowa Code §§ 232.67-.77; 232A; 235A; 280.17. 441 I.A.C. 9.2; 155; 175.

 

Approved: September 5, 2024

Reviewed: September 5, 2024

Revised: September 5, 2024

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

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

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

 

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

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.

 

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

 

Approved: September 18, 1989; October 21, 1991; June 15, 1992; July, 1995; May 20, 1996; April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019; January 3, 2024; January 15, 2024; January 13, 2025

Reviewed: November 20, 2023; January 13, 2025

Revised: January 15, 2024; January 13, 2025

 

 

 

 

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

 

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

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

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

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

 

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

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

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

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

• An inheritance;

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

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

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

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

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

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

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

• 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

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

• 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;

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

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

 

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

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

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

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

 

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

Legal Reference: Iowa Code ch. 68B

 

Approved: November 16, 1992; September 19, 1994; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019; January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

 

 

 

 

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

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

 

Approved: September 5, 2023

Reviewed: September 5, 2023

Revised: September 5, 2023

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

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

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

 

Legal Reference: Iowa Code §§ 20.7; 279.8.

 

Approved: January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

The South Tama County Community School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. All other certified employees shall present evidence of good health, in the form of a post-offer, pre-employment physical examination report. 

The cost of the initial examination will be paid by the employee. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district. 

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law. 

 

Legal Reference: 29 C.F.R. § 1910.1030. 49 C.F.R. §§ 391.41 – 391.49. Iowa Code §§ 20; 279.8; 321.376. 281 I.A.C. 43.15; 43.17.

 

Approved: January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

Complaint of Injury to or Abuse of a Student by a School District Employee

Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.

 

Student’s name and address: __________________________________________________

__________________________________________________________________________

Student’s telephone no.:  ________________________________

Student’s school:  ____________________________________________________________

Name and place of employment of employee accused of abusing student:

__________________________________________________________________________

__________________________________________________________________________

Allegation is of _______________  Physical abuse  _______________  Sexual abuse*

Please describe what happened.  Include the date, time and where the incident took place, if known.  If physical abuse is alleged, also state the nature of the student’s injury:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Were there any witnesses to the incident or are there students or persons who may have information about this incident?            yes             no

If yes, please list by name, if known, or classification (for example “third grade class,” “fourth period geometry class”):

__________________________________________________________________________

__________________________________________________________________________

*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation.  Please indicate “yes” if the parent/guardian wishes to exercise this right:

           Yes                  No      Telephone Number                                       

Has any professional person examined or treated the student as a result of the incident?          yes           no           unknown

If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known

__________________________________________________________________________

__________________________________________________________________________

Has anyone contacted law enforcement about this incident?          yes           no

Please provide any additional information you have which would be helpful to the investigator.  Attach additional pages if needed.

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Your name, address and telephone number:

__________________________________________________________________________

__________________________________________________________________________

Relationship to student:  ______________________________________________________

 

_____________________________________________     __________________________________________________
Complainant Signature                                                                    Witness Signature

_____________________________________________     __________________________________________________
Date                                                                                                 Witness Name (please print)

                                                                                              __________________________________________________
                                                                                                          Witness Address

Be advised that you have the right to contact the police or sheriff’s office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident.  The filing of this report does not deny you that opportunity. 

 

You will receive a copy of this report (if you are the named student’s parent or guardian) and a copy of the Investigator’s Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.

 

Report of Level I Investigation

Student’s name:  ____________________________________________________

Student’s age:  _______________________  Student’s grade:  ________________

Student’s address:  __________________________________________________

Student’s school:  ___________________________________________________

Name of accused school employee:  ____________________________________

Building:  __________________________________________________________

Name and address of person filing report: ________________________________
__________________________________________________________________

Name and address of student’s parent or guardian, if different from person filing report:

 __________________________________________________________________

Date report of abuse was filed:  _______________________________

Allegation is of ____________  Physical Abuse  ____________  Sexual Abuse*

Describe the nature, extent and cause of the student’s injury, if any and if known:    (Attach additional pages if needed).

 __________________________________________________________________
 __________________________________________________________________
 __________________________________________________________________
 __________________________________________________________________
 __________________________________________________________________
 __________________________________________________________________
 __________________________________________________________________

Describe your investigation:  Attach additional pages if needed.  (Please do not use student witnesses’ full names.)

__________________________________________________________________
 __________________________________________________________________
 __________________________________________________________________
 

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?

Yes            No        Was the right exercised?             Yes               No

Were audio tapes made of any interviews?            yes              no

Were video tapes made of any interviews?            yes              no

Was any action taken to protect the student during or as a result of the investigation?          yes           no

If yes, describe:

        student excused from school          school employee placed on leave

        student assigned to different class                         other (please specify)

 

Level I investigator’s conclusions:

                 The complaint is being dismissed for lack of jurisdiction.

                 Physical abuse was alleged, but no allegation of injury was made.

                 Physical abuse was alleged, but no evidence of physical injury exists and the nature of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.

                 Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.

                 Alleged victim was not a student at the time of the incident.

                 Alleged school employee is not currently employed by this school district.

                 Alleged incident did not occur on school grounds, on school time, at a school-sponsored activity, nor in a school-related context.

                 The complaint has been investigated and concluded at Level I as unfounded.

                      Complaint was withdrawn.

                      Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.

                 The complaint has been investigated at Level I and is founded.

                 The investigation is founded at Level I and is being turned over to Level II for further investigation.

                 Investigation of the complaint was deferred at Level I and referred to law enforcement at this time.

                 The investigation is concluded at Level I because the accused school employee has admitted the violation, has resigned, or has agreed to relinquish any teaching license held.

 

Current status of investigation:

                   No further investigation is warranted.

                 Closed and referred to school officials for further investigation as a personnel matter.

                 Deferred to law enforcement officials.

                 Turned over to Level II investigator.

Other comments:  _____________________________________________________________
____________________________________________________________________________

 

I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee’s supervisor, and the student’s parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher’s certificate or license.

 

____________________________________________________________     ___________________________________________________
Name of Investigator                                                                                               Investigator's place of employment

____________________________________________________________     ___________________________________________________
Signature of Investigator                                                                                          Date

 

 

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 direct threat and/or a substantial risk of illness or transmission to students or other employees.

The term “communicable disease” will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.  

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

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

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

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

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

 

 

Approved: September 19, 1994

Reviewed: May 17, 1999; April 18, 2011; June 18, 2012; January 19, 2015, June 10, 2019

Revised: March 6, 2023

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

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

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

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

 

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

 

Approved: June 10, 2019, November 20, 2023

Reviewed:

Revised:

 

 

The board expects the school district and its employees to remain substance free. No employee will 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 vehicle, also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

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

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

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

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

 

Legal Reference: 41 U.S.C. §§ 81

42 U.S.C. §§ 12101 et seq. 34 C.F.R. Pt. 85

Iowa Code §§ 123.46; 124; 279.8.

 

Approved: April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019; January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

 

 

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and IOWA CODE Chapter 124.

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

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy. If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

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

-----------------------------------------------------------------------------------------------------------------------------

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

 

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

_______________________________________  _______________

(Signature of Employee)                                          (Date)

 

 

Approved: June 10, 2019; January 27, 2025

Reviewed: January 27, 2025

Revised: January 27, 2025

 

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

 

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

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

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

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

 

Approved: January 27, 2025

Reviewed: January 27, 2025

Revised: January 27, 2025

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

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the school district contact person, [superintendent/transportation director/other] at (building address). 

Employees who violate the terms of this policy are subject to discipline, up to and, including termination. The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years. Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually. Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment. 

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

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

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

 

This is a mandatory policy. 

Compliance with the regulations is the responsibility of the school district even if the school district uses a service provider. Boards need to determine who will be responsible for administering the drug and alcohol testing program in the second paragraph and make that determination throughout the policies and regulations. 

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

This policy and its supporting documents terminate a driver for violation of the policy and its supporting documents. Such a violation includes a positive drug test result. Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to making the following changes:

School districts choosing to pay for OR to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

First sentence of paragraph two: The employees operating a school vehicle as described above are subject to pre- employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing.

School districts choosing to pay for the substance abuse evaluation and rehabilitation, if any:

Paragraph three: Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district. Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional. Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

School districts choosing to make the employee bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

Paragraph three: Employees who violate the terms of this policy may be subject to discipline up to and including termination. Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional. Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination. 

This policy and the supporting documents require the school district to designate a school district contact person for the drug and alcohol testing program. The title of the person(s) designated should be entered in paragraph two. This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers. If these responsibilities are divided among different persons, the policy and supporting documents must clearly explain which person handles which part of the drug and alcohol testing program.

Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at:

clearinghouse.fmcsa.dot.gov.

 

Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641. For regulations and forms, http://www.fmcsa.dot.gov/rules- regulations/topics/drug/drug.htm?

 

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

405 Cir. (4th 1995). 

49 U.S.C. §§ 5331 et seq. 

42 U.S.C. §§ 12101. 

41 U.S.C. §§ 81. 

49 C.F.R. Pt. 40; 382; 39. 

34 C.F.R. Pt. 85. 

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

No. 3876 (3-26-91). 

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

 

Approved: December 18, 1995; June 16, 1997; July 17, 2000; June 18, 2012, February 18, 2015; January 19, 2015; March 9, 2015; June 10, 2019; January 13, 2025

Reviewed: January 13, 2025

Revised: January 13, 2025

 

 

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

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

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

 

Legal Reference: Iowa Code § 279.8

282 I.A.C. 13.25, .26.

 

Approved: January 17, 2005; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019; December 18, 2023

Reviewed: December 18, 2023

Revised: December 18, 2023

 

 

 

CHAPTER 25

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

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

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

“Board” means the Iowa board of educational examiners. 

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

“Ethics” means a set of principles governing the conduct of all persons governed by these rules. “Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties. 

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

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

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

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

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

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board. “Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held. 

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

 

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

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

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

b. Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

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

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

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

• First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
• Lascivious acts with a child;
• Assault with intent to commit sexual abuse;
• Indecent contact with a child;
• Sexual exploitation by a counselor;
• Lascivious conduct with a minor;
• Sexual exploitation by a school employee;
• Enticing a minor under Iowa Code section 710.10; or
• Human trafficking under Iowa Code section 710A.2;

3. Incest involving a child as prohibited by Iowa Code section 726.2;

4. Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;

5. Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;

6. Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1); or

7. Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

(2) Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1. The nature and seriousness of the crime or founded abuse in relation to the position sought;

2. The time elapsed since the crime or founded abuse was committed;

3. The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4. The likelihood that the person will commit the same crime or abuse again;

5. The number of criminal convictions or founded abuses committed; and

6. Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety. 

c. Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or non consensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17. 

d. Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B). 

e. Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1) Committing any act of physical abuse of a student;

(2) Committing any act of dependent adult abuse on a dependent adult student;

(3) Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4) Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5) Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;

(6) Failing to report any suspected act of child or dependent adult abuse as required by state law;

Or

(7) Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student. 

 

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs. 

b. Being on school premises or at a school-sponsored activity involving students while under the of, possessing, using, or consuming alcohol. 

 

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a. Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure. 

b. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies. 

c. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation. 

d. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20. 

e. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests. 

 

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context. 

b. Converting public property or funds to the personal use of the practitioner. 

c. Submitting fraudulent requests for reimbursement of expenses or for pay. 

d. Combining public or school-related funds with personal funds. 

e. Failing to use time or funds granted for the purpose for which they were intended. 

 

25.3(5) Standard V—violations of contractual obligations. 

a. Violation of this standard includes:

(1) Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).

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

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

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

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

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

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

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

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

3. June 30. 

 

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

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

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

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

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

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

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

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

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

or permitted by law.

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

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

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

l. Delegating tasks to unqualified personnel. 

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

n. Allowing another person to use one’s practitioner license for any purpose. 

o. Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license. 

p. Falsifying, forging, or altering a license issued by the board. 

q. Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed. 

r. Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

 

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders. Violation of this standard includes:

a. Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments. 

b. Failing to comply with 282—Chapter 10 concerning child support obligations. 

c. Failing to comply with a board order. 

 

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

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

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

 

Approved: January 3, 2024

Reviewed: January 3, 2024

Revised: January 3, 2024

 

CHAPTER 26

 

282—26.1 (272) Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under IOWA CODE chapter 272 and

agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct. 

 

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

 

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Approved: January 3, 2024

Reviewed: January 3, 2024

Revised: January 3, 2024

 

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

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

 

 

(May 15, 2000; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

Employees of the District shall be reimbursed for certain expenses incurred for travel authorized by the Superintendent and/or for travel incurred under the policies of the Board of Directors.

Payment of expenses will be made according to the following: Registration fees, transportation expense, and lodging expense for the employee will be paid in full. Receipts showing proof of payment when paid by the employee must be submitted with the claim for reimbursement for registration fees, transportation expense (except taxicabs or buses if less than $5.00) and lodging. Registration, transportation, and lodging shall be approved by the Superintendent. The Superintendent may specify that a particular mode of travel conveyance be used and may specify the type and place of lodging. Except in unusual circumstance approved by the Superintendent, claims for reimbursement must be submitted within 120 days incurring the expense.

Meals shall be reimbursed, when an employee is in ‘overnight status’ per Internal Revenue Service guidelines with reimbursement up to $40 per day with detailed receipt.  The Superintendent may authorize above these limits for unusual circumstances.

 

 

(June 9, 1980; July 21, 1986; January 19, 1997; September 19, 1988; Retroactive February 1,1990; August 19, 1991; June 15, 1992; December 19, 1994, May 18, 2009; March 21, 2011; June 18, 2012; January 19, 2015, August 6, 2018; June 10, 2019)

 

Employees will be reimbursed at the rate consistent with IRS federal amount per mile for use of their personal automobile for approved travel on school business within and outside the District except as follows:

1. Travel to periodic faculty meetings, curriculum meetings, or programs attended by employees in general.
2. Travel from the employee’s personal residence to first duty location of the day.
3. Travel from the employee’s last duty location of the day to personal residence.
4. Travel for which the employee does not have prior approval of an immediate Supervisor, when required.
5. Travel in excess of 30 miles (one way) not approved by the Superintendent.
6. Travel for which the employee does not submit a request for payment in the required manner.

 

 

(February 4, 1985; February 18, 1991; June 15, 1992; May 20, 1996; July, 2006; March 21, 2011; June 18, 2012; January 19, 2015; March 9, 2015; June 10, 2019)

 

In order to enhance employee morale and recognize long-term employment with the school district, the South Tama County Community School District will recognize employees and demonstrate appreciation for contributions rendered.

The district specifically may do the following:

A.  Provide a system of awards as appreciation for longevity at five-year intervals.  Awards will be given to all employees who complete 5, 10, 15, 20, 25, 30, 35, 40 years of service
      to the South Tama County Community School District.

B.  Sponsor a ceremony and award a token for appreciation upon retirement after at least three (3) year of service.

C.  Express condolence.  The Business Manager will cause to be delivered, when appropriate under this policy, a memorial or remembrance from the Board of Education in the
      amount of approximately twenty-five ($25.00).  The memorial or remembrance will be made to the family of any employee in the event of the death of the employee, their spouse,
      or their minor child.

 

 

(September 20.1993; November 17, 1997; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

Good health is important to job performance.  Employees may be required to submit to a pre-employment physical examination after an offer of employment has been made and before the beginning of service.  The district will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  If the district requires a physical examination, a written report of the physical examination shall be submitted to the district.  The date by which any such physical examination report shall be submitted to the district shall be determined by the superintendent, but in no case shall be any less than five (5) business days prior to the first working day.

School bus drivers will be required to submit to a pre-employment physical examination and every two (2) years thereafter.  School bus drivers will be required to present evidence of good health in the form of a physical examination report unless otherwise required by law or medical opinion.

Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job, or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others, and the risk cannot be reduced below the direct threat level through reasonable accommodations.  The district also reserves the right to request additional physical or mental evaluation as deemed by a licensed physician for job performance.

The cost of the initial examination will be paid by the employee.  The cost of bus driver physicals will be paid by the school district up to the actual expense or designated limit for each required medical examination.

Failure to submit written evidence relative to the required medical examinations may be cause for withholding payment of salary.  Refusal to undergo required physical examinations, or failure to provide evidence of physical examinations in a timely manner, will be considered grounds for termination of employment.  

It is 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 will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.

 

 

(June 9, 1980; June 15, 1992; June 19, 2006; April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

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

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

It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four (24) hours of the occurrence.  It is the responsibility of the employee’s immediate supervisor to file an accident report within twenty-four (24) hours after the employee reported the injury.  An employee who fails to follow this policy may be subject to disciplinary action up to and including termination.

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

 

 

(April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

405.02: Licensed Employee Qualifications, Recruitment, Selection

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment. Job applicants for licensed positions will be considered on the basis of the following:

• Training, experience, and skill;

• Nature of the occupation;

• Demonstrated competence; and

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

All job openings shall be submitted to the Iowa Department of Education for posting on

IowaWORKS.gov, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired. 

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

 

Legal Reference: 29 U.S.C. §§ 621-634

 

42 U.S.C. §§ 2000e, 12101 et seq. Iowa Code §§ 20; 35C; 216; 256.27; 279.13. 281 I.A.C. 12. 282 I.A.C. 14.

 

Approved: January 30, 2024

Reviewed: January 30, 2024

Revised:

 

 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district’s drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion 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 are subject to drug and alcohol testing if a commercial driver’s license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs 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 school vehicle.   The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program 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 the law may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.

 

 

(June 10, 2019)

 

I, (____________________), have received a copy, read and understand the Drug and Alcohol
            Name of Employee

Testing Program policy of the South Tama Community School District and its supporting documents.

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

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, or the law, I may be subject to discipline up to and including termination.

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

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

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

_________________________________________________________     _________________________________________________
(Signature of Employee)                                                                                       (Date)

 

 

(June 10, 2019)

 

A.        School District Notice

1. The school district will post the notice in this series regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee’s obligations and requirements.  Such information will include:
   a.  a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee’s annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
   b.  a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
   c.  an explanation of the employee’s right to run concurrently applicable 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. Employees are eligible for family and medical leave if the following criteria are met:
   a.  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
   b.  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 school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
   a.  Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
   b.  Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
   c.  A spouse or family member may give the notice if the employee is unable to personally give notice.

D.        Eligible Family and Medical Leave Determination

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 school 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 shall 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 shall be required to present medical certification of the family member’s serious health condition and that it is medically necessary for the employee
             to take leave to care for the family member; and/or
       iii.  Employees may be required to present certification of the call to active duty when taking military family and 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 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;
       iii.  If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the
            serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. 
            This certification or lack of certification is binding upon both the employee and the school district.
   c.  Medical certification will be required fifteen (15) days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty (30) days.  Recertification must be submitted within fifteen (15) days of the school district’s request.
   d.  Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.
   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.
   f.  An employee who fails to complete and return all necessary Family and Medical Leave Act documentation may have the leave designated by administration as approved family and medical leave, provided the leave is such that would be covered as approved family and medical leave.

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 of any FMLA leave usage.
3. If insufficient leave is available, the school district may:
   a.  Deny the leave if entitlement is exhausted;
   b.  Award leave available; and/or
   c.  Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

F.         Type of Leave Requested.

1. Continuous - employee will not report to work for set number of days or weeks
2. Intermittent - employee requests family and medical leave for separate periods of time.
   a.  Intermittent family and medical leave is available for:
         i.  the birth or adoption of the employee’s child, 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, 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 or 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 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:
         i.  the birth or adoption of the employee’s child, 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, 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 or 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 school district operation.
   c.  During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

G.        Special Rules for Instructional Employees.

1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver’s education instructors and special education assistants.
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent (20%) of the work days in the leave period may be required to:
   a.  Take leave for the entire period or periods of the planned medical treatment; or
   b.  Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
   a.  If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
   b.  If the employee begins family and medical leave for a purpose other than the employee’s own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
   c.  If the employee begins family and medical leave for a purpose other than the employee’s own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
4. The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district’s family and medical leave responsibilities and obligations, including the obligation to continue the employee’s health insurance and other benefits, if an instructional employee’s family and medical leave entitlement ends before the involuntary leave period expires.

 

H.        Employee responsibilities while on family and medical leave.

1. 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 while on FMLA leave.
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district by delivery of cash or check to the employer’s business office by the first day of the month in which premiums are due to the carrier.
3. An employee who fails to make the health care contribution payments within thirty (30) days after they are due will be notified that their coverage may be canceled if payment is not received within an additional fifteen (15) days.
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty (30) days and return the certification within fifteen (15) days of the request. 
5. The employee must notify the school district of the employee’s intent to return to work at least once each month during their leave and at least two (2) weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee’s intent not to return.  The school district will cease benefits upon receipt of this notification.

 

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

1. The district may require, or an employee may request, their unpaid family and medical leave run concurrently with applicable paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement, as outlined in the family and medical leave administrative rules.  When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave.
2. The district may require, or an employee may request, to run concurrently paid sick and/or personal leave with unpaid FMLA leave for the serious health condition of the employee only.  Upon the expiration of paid leave, the FMLA leave for the serious health condition of the employee is unpaid.
3. The district may require, or an employee may request, to run concurrently paid family sick leave and personal leave with unpaid FMLA leave for the serious health condition of an employee’s family member.  Upon the expiration of paid leave, the FMLA leave for the serious health condition of an employee’s family member is unpaid.
4. The district may require or an employee may request to run concurrently paid sick leave/family illness leave with their unpaid FMLA leave for the birth of their child as follows:  a mother may run concurrently her available paid sick leave for so long as her health care provider certifies that she is unable to perform the essential functions of her job/has a serious health condition; a mother may run concurrently her available paid family illness leave for so long as a health care provider certifies that her newborn infant has a serious health condition; and a spouse may run concurrently his/her available paid family illness leave for so long as a health care provider certifies that the employee is needed  to care for the mother who has a serious health condition or child who has a serious health condition.  Upon the expiration of paid leave, the FMLA leave for the birth of a child or for the placement of a child for adoption or foster care is unpaid.
5. The district may require, or an employee may request, to run concurrently available paid personal leave with their unpaid FMLA leave for the birth of their child or for placement with the employee of a child for adoption or foster care.  Upon the expiration of paid leave, the FMLA leave for the birth of a child or for the placement of a child for adoption or foster care is unpaid.

 

 

(June 10, 2019)

 

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
  • treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
  • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
  • requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;
  • continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.

Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an “employee benefit plan.”

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer’s employees, former employees, or the families of such employees or former employees.

Health Care Provider-

• A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
• Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
• Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
• Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
• Any health care provider from whom an employer or a group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
• A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the “activities of daily living” or “ADLs.”  Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

“Needed to Care For” - the medical certification that an employee is “needed to care for” a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Next of Kin - an individual’s nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to one of the following:

• either a military medical treatment facility as an outpatient; or,
• a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
    • Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
    • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • Requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of s single underlying condition); and,
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
• Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
• Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
• Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.
• Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee’s health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

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

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

 

 

(June 10, 2019)

 

405.08: Licensed Employee Evaluation

 

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

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

 

Licensed employees will be required to:

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

• Demonstrate competency in content knowledge appropriate to the teaching position. Demonstrate competency in planning and preparation for instruction. 

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

• Use a variety of methods to monitor student learning. Demonstrate competence in classroom management. 

• Engage in professional growth. 

• Fulfill professional responsibilities established by the school district.

 

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

 

Legal Reference: Iowa Code §§ 20.9; 279, 284, 294. Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

 

Approved: January 3, 2024

Reviewed: January 3, 2024

Revised: January 3, 2024

The Board recognizes situations may arise in the operation of the District which are of concern to employees.  Employees shall make any complaints in a constructive and professional manner.  Complaints should be presented only to proper authority, who is the supervisor of the activity or function, the principal, or the superintendent.  Employees shall be prudent and cautious in making any complaints in the presence of other employees, students, volunteers, or members of the public.

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent.  If an employee has a complaint regarding another employee or regarding an administrator/supervisor decision, the Board may become involved if the matter is not resolved after discussions with the employee and/or the supervisor.

The following conditions and procedures shall be followed for an employee, or group of employees, to submit a complaint to the Board:

A.  Prior to submitting a request to the Board, the employee(s) requesting further consideration shall consult formally and/or informally with the employee or the supervisor making the decision, that employee’s/supervisor’s supervisor, etc., up through the administrative line of authority to, and including, the superintendent.  For an appeal to the superintendent and beyond to receive full consideration, the employee must submit a written complaint to the superintendent within 20 working days of the date the employee knew, or should have known, of the action subject to the complaint. 

B.  The written complaint to the superintendent must include:

1. A clear, concise statement of the conduct or administrative decision that is being appealed.
2. The reasons why the prior decisions are considered to be unreasonable.
3. Additionally, in the case of an appeal of an administrative decision, the reasons why the decision is considered to be:
   A.  beyond the administration’s scope of authority and responsibility, and/or
   B.  is unreasonable, and/or
   C.  the specific policy, regulation or rule shall be cited (if there is an allegation of a violation or misapplication of the written policies, regulations and rules of the District).      
4. A statement that assures that the employee has appropriately consulted with each administrator in the line of authority, up to the superintendent.
5. In all cases, the remedy being sought shall be written.
6. Signature(s).  The appeal is available to either an individual employee or more than one employee.  If more than one employee wishes to appeal, the names of each employee requesting the appeal shall appear on the written request.  Appeals will not be considered if only a group(s) is referenced.
    

C.  The superintendent will issue a response.  If the superintendent fails to respond within 15 working days of receiving the complaint, or if the employee(s) remain dissatisfied after receiving the response, the employee may, within 10 working days, request the Board of Education reconsider the prior administrative conclusions by submitting a request in writing to the President of the Board of Education.  The written request for Board reconsideration must contain all the elements as required for the appeal to the superintendent as listed above, and the request must also verify that the superintendent has also been involved in the appeal process.  A copy of the request for reconsideration by the Board shall be provided to the superintendent of schools.

 

D.  Upon receiving a request for the Board to consider an appeal of employee conduct and/or an administrative decision from a school employee (referred here-after as the “request”), the Board President may appoint two members of the Board of Education (referred here-after as the “Board Investigators”) to investigate the request and make recommendations to the Board of Education as to how to process the complaint.

In the course of their investigation, the Board Investigators may review appropriate documents and may meet with the employees seeking the appeal, the administrators involved in the decision, and any other persons they deem appropriate.  They may meet the parties together or separately.

 

E.  Upon the conclusion of their preliminary investigation, the Board Investigators may advise any appropriate action, including but not limited to, a hearing before the entire Board, a hearing before the Board Investigators, a written decision by the Board absent a hearing, and/or taking no action and letting the decision of the superintendent stand. 

 

F.  The Board of Education is not obligated to hear any appeal.  In any hearing before the Board Investigators or the entire Board, the burden of proof shall rest with the employee making the request for a hearing

 

G.  Following any hearing before the Board Investigators or the entire Board, the Board Investigators or the entire Board shall communicate their finding and decision to the other members of the Board of Education, to the employee(s) requesting the appeal, and to the administrators involved in the decision.

 

 

(June 9, 1980; August 18, 1986; November 20, 1995; March 21, 2011; June 18, 2012; January 15, 2015; June 10, 2019)

 

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

 

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

 

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

 

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

 

NOTE:  Mandatory retirement ages are a violation of federal law.  The witnessing of the retiring employee's letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.

 

 

Legal Reference:

Iowa Code §§ 97B; 216; 279.46. 281 I.A.C. 21.

 

Approved: 6/15/1992: November 6, 2023

Reviewed: 6/10/2019: November 6, 2023

Revised: 6/10/2019

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

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

It is the responsibility of the superintendent to make a recommendation for termination to the board. The process for reduction in force shall be as follows:

The board should detail the process that will be utilized by the superintendent for making recommendations for reduction in force.

The superintendent shall consider the following criteria in making the recommendations:

• Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;

• Relative skills, ability and demonstrated performance;

• Qualifications for co-curricular programs; and

• Number of continuous years of service to the school district. This will be considered only when the foregoing factors are relatively equal between licensed employees]. 

 

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

Legal Reference: Iowa Code §§ 20; 279

 

Approved: January 15, 2024

Reviewed: January 15, 2024

Revised: January 15, 2024

 

407.06 Employee Early Retirement
 

PURPOSE

A. It is the expressed intent of the Board of Directors of the South Tama County School District, through this policy, to acknowledge employees who have provided years of service to the School District by offering them a voluntary early retirement incentive subject to the terms and conditions set out in this policy.

B. This program provides eligible staff an incentive and voluntary opportunity for Retirement.

C. The program is to provide a means to help meet District budgetary needs and should be cost effective for the district in the long term.

D. Participation in the program can curtail the need to reduce staff members because of declining enrollment or budget limitations.

E. The program provides a means for the district to know vacancies for next year in order to make necessary staffing decisions.

 

The school district offers an early retirement plan for full-time and part-time employees who are currently performing their assigned duties within the school district. An employee is eligible under the early retirement plan when the employee:

• Is at least age 55 at the effective date of retirement.
• Employee has worked a minimum of 15 consecutive years of service as a full-time or part-time employee at the South Tama County Community School District and is actively employed during the last fiscal year prior to the early retirement.
• The Employee notifies the Board of Directors of his/her intention to receive early retirement benefits by submitting to the office of the Superintendent the required application for the Early Retirement Incentive and Release (“Application”) for participation in the plan no later than 4:00 pm on January 10, 2025.
• Employee works through the end of the 2024 - 2025 school year and retires effective June 30, 2025, in accordance with the terms set forth in the application, unless an alternative date is agreed to between the Superintendent and eligible employee and approved by the Board.
• Receives board approval of the employee's application for participation in the early retirement plan, of the employee's resignation and of the disbursement of the early retirement incentive to the employee.
• The employee is not under current consideration for contract termination or who has already been discharged or left employment with the District, unless the notice is based upon reasons which are related to staff reduction.
• The employee has not previously received early retirement benefits from the school district.

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

 

VOLUNTARY EARLY RETIREMENT BENEFITS

Voluntary early retirement benefits will be determined, as follows:

A. Continuous Years at STC (certified)

Continuous Years of Service	Early Retirement Benefits per sick day
15	$145
20	$155
25	$165
30	$180
35	$200

Table A

 

B.  Continuous Years at STC (classified)

Classified early retirement benefits per sick day will be calculated using their daily per diem multiplied by their remaining balance of sick days.  The benefits for classified employees will be capped and will not exceed the same level as those for certified staff based on Table A.

 

C.  Catastrophic Leave

District employees who experience a catastrophic leave 5 years prior to their early retirement may be eligible to apply for this consideration.  A catastrophic illness or injury is defined as a serious condition that is life threatening and/or results in long term disability.  These requests will need to be in writing along with an explanation of their catastrophic illness or injury.  All decisions will be handled case by case and final determination will be made by the superintendent and school board.

 

3. Anyone with less than 15 consecutive years as an employee with STC will not qualify for early retirement benefits

4. Years as an employee with STC will generally be determined by issued contracts. If, for some reason, no contract was issued, an employee must have worked over one-half of the scheduled time for the position they are filling. Substitute employment will not be considered in determining the time an employee has worked with STC.

 

B. Payment for Early Retirees

1. Shared time employees for which STC holds the contract will be included.

2. For employees who are participating in the District-sponsored group health plan at the time of retirement, the early retirement benefit will automatically be paid into the Health Reimbursement Arrangement (HRA). For employees who are not participating in the District-sponsored group health plan at the time of retirement, the early retirement benefit will automatically be paid into the Special Pay Plan on file with the District.

2. For employees not enrolled in the District-sponsored group health plan at the time of retirement, the early retirement benefit will automatically be deposited into the employee's Special Pay Plan on file with the District.

Employees enrolled in the District-sponsored group health plan at the time of retirement must submit a letter of intent by July 1st indicating their choice to participate in either the Health Retirement Arrangement (HRA) or the Special Pay Plan. Those with contracts running through August 31st may continue their benefits through the end of their contract, provided the letter is submitted by the deadline.

3. All benefits will be started July 1 with a cash payment on July 20 or January 20 for the Special Pay Plan at the employee request.

 

C. Calculation of Benefits

1. The amount of the early retirement benefit is calculated by multiplying the number of remaining sick days as of June 30, 2025 by the aforementioned amount provided in Table A.

2. The maximum amount paid to any employee under this policy will be capped at $10,000 per year for three years. 

3. No interest shall be paid by the District on temporary delays in the payment of the early retirement incentive.

4. Retirement fees and taxes, where applicable, will be deducted from the early retirement benefits detailed in this early retirement incentive policy.

 

APPLICATION

1. Employees requesting early retirement benefits must submit the required application to the Superintendent by 4:00 p.m. on January 10, 2025. The Board will accept the first 6 applications received regardless of classified or certified.  Written acceptance of this offer from the employee shall be considered by the Board of Education as a voluntary resignation and termination of any contract and/or employment with the District effective June 30, 2025 of the current school year (unless an alternative date is agreed to between the Superintendent and eligible employee and approved by the Board).

2. The Board of Education may waive (move to an early date or extend) the application deadline when it deems such a waiver to be in the best interest, or an advantage to the District.

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 resignation and request for retirement will be considered a voluntary resignation and termination of the employee’s contract for employment. The Board’s acceptance of the employee’s resignation and request for retirement will be considered final and the employee will be considered terminated on or before June 30, 2025.  If the Board does not accept the employee's resignation and request for retirement, the employee’s contract will continue in effect.

 

OTHER BENEFITS

1. Health Insurance

Any employee that qualifies for membership in the group health insurance policy may, as permitted under the IRS 125 Cafeteria Plan, or at their own expense, continue to carry that policy to age sixty-five, if the law, IRS Rules, and the insurance carrier permit. If this provision is contrary to the insurance carrier policy, state and federal regulation and federal law, the benefits provided will remain within their guidelines.

2. Blue Card Holder

Employees that retire under this policy will qualify for a blue card even if you are not 65 years of age.

 

DEFINITIONS

1. Years at STC - Will generally be determined by issued contracts. If, for some reason, no contract was issued an employee must have worked over one-half of the scheduled time for the position they are filling each year. Substitute employment will not be considered.

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

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

 

NO VESTING RIGHTS/BOARD DISCRETION TO AMEND OR REVOKE

The adoption of this early retirement incentive policy shall not vest any right in any employee whether or not the employee is currently eligible for the early retirement incentive. The Board shall have the complete discretion to amend or repeal this plan or any provisions thereof at any time with or without notice and shall not be obligated to provide any benefits to any employee after the date of such amendment or repeal, except to those employees whose early retirement pursuant to this plan has commenced prior to amendment or repeal.

 

BOARD’S RIGHT TO LIMIT OR DENY BENEFITS AND GRANT WAIVERS

1. The Board reserves the right to pay no early retirement benefits, to limit the number eligible, or adjust the maximum amount paid. If the Board limits the number eligible, those approved will be on a first apply, first eligible basis.  For the 2024 - 2025 school year, the Board has elected to limit the maximum number of retirees to six (6) for the total number paid.

2. The Board expressly reserves the right to reject any application for early retirement.

3. The Board reserves the right to waive any requirement or condition of this policy at its discretion and at any time. Any decision by the Board to waive a requirement or condition which is a part of this policy shall not establish any precedent with regard to any other request for a waiver.

 

INDEPENDENT ADVICE

Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.
 

PLAN INTERPRETATION

The Board is the final arbiter for all questions of interpretation under this plan, including but not limited to, questions of eligibility or benefit calculations.

 

STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, gender, gender identity, sexual orientation, race, color, creed, religion, national origin, marital status, disability, or any other protected class under state or federal law, through the application or administration of this policy.

 

Legal Reference: 29 U.S.C. §§ 621 et seq. Iowa Code §§ 97B; 216; 279.46; 509A.13.

Approved:10/20/1986, 12/9/2024

 

Reviewed: 11/7/2022

 

Revised: 11/6/2023, 12/9/2024

 

408.01: Licensed Employee Professional Development 

 

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees. Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws. 

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

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

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

 

Legal Reference: Iowa Code § 279.8; .74

281 I.A.C. 12.7; 83.6

 

Approved: April 17, 1989; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019; September 5, 2023

Reviewed: September 5, 2023

Revised: September 5, 2023

 

 

 

 

408.03: 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.

 

Approved: April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019; December 4, 2023

Reviewed: December 4, 2023

Revised: December 4, 2023

 

 

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as a “rolling” twelve (12) month period measured backward from the date of any FMLA leave usage. Requests for family and medical leave will be made to the Assistant Business Manager. 

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

 

Legal Reference: 29 U.S.C. §§ 2601 et seq. 29 C.F.R. § 825

Iowa Code §§ 20; 85; 216; 279.40. Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942)

 

Approved: April 18, 2011

Reviewed: December 4, 2023

Revised: December 4, 2023

 

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

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

 

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

 

Approved: March 7, 2022

Reviewed: December 4, 2023

Revised: December 4, 2023

413.05: Classified Employee Reduction in Force

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

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

 

Legal Reference: Iowa Code §§ 20.7, .24.

 

Approved: January 15, 2024

Reviewed: January 15, 2024

Revised: January 15, 2024

EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 

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

Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

 

Approved: December 4, 2023

Reviewed: December 4, 2023

Revised: December 4, 2023

 

Children who are residents of the school district community will attend the school district without paying tuition. 

The residence of a student means the place, abode, or dwelling of the student. Generally, the legal dwelling of minors is the same as their parents. A student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education. Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents. 

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent. 

Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983). Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924). Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981). 33 D.P.I. Dec. Rule 80 (1984). Iowa Code §§ 257.6; 282.2, .6, .7; 285.4.

 

Approved: September 9, 2024

Reviewed: April 8, 1981; March 21, 2011; January 19, 2015, August 19, 2019; September 9, 2024

Revised: September 9, 2024

Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition. The tuition rate is the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education. 

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in their former resident school district will be permitted to attend. Students who plan to open enroll to their former resident district for the next school year may do so without approval of the board. 

Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition. These students may be required to identify an adult, who resides in the school district, identified for purposes of administration. 

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to October 1 may be allowed to attend without the payment of tuition. 

Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983). Mt. Hope School Dist. v. Hendrickson, 197 N.W.

 

Approved: September 9, 2024

Reviewed: September 9, 2024

Revised: September 9, 2024

 

 

(April 6, 1981; December 21, 1987; March 21, 2011; January 19, 2015; August 19, 2019)

 

Parents within the school district who have children over age six and under age sixteen (or the age of 17 if the student resides on the Meskwaki Settlement, re: Meskwaki Code Title 20, Chapter 9 Sec. 20-2906) by September 15, in proper physical and mental condition to attend school, will have the children attend the school district at the attendance center designated by the board. Students will attend school the number of days or hours school is in session in accordance with the school calendar. Students of compulsory attendance age will attend school a minimum of (1080 Hours). Students not attending the minimum days or hours must be exempted by this policy as listed below or, referred to the county attorney. Exceptions to this policy include children who:

• have completed the requirements for graduation in an accredited school or have obtained a high school

• equivalency diploma;

• are attending religious services or receiving religious instruction;

• are attending an approved or probationary approved private college preparatory school;

• are attending an accredited nonpublic school;

• are receiving independent private instruction; or, 

• are receiving competent private instruction.

 

It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above. 

The principal will investigate the cause for a student's truancy. If the principal is unable to secure the truant student's attendance, the principal should discuss the next step with the superintendent/school board. If after superintendent/school board action, the student is still truant, the principal will refer the matter over to the county attorney. 

The school will participate in mediation if requested by the county attorney. The superintendent/designee will represent the school district in mediation. The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney. 

 

Legal Reference: Iowa Code §§ 259A; 279.10-.11; ch. 299; 299A.

 

Approved: August 26, 2024

Reviewed: June 22, 1981, April 17, 1989; June 15, 1992; July 19, 1993: April 18, 2011; January 19, 2015, August 19, 2019 April 6, 1981; April 18, 2011; January 19, 2015; August 19, 2019; January 15, 2024; August 26, 2024

Revised: August 26, 2024

 

 

 

 

Children in the school district community will be allowed to enroll in the school district's regular education program beginning at age five. The child must be age five on or prior to September 15 to participate in the school district's kindergarten program. The child must be age six on or prior to September 15 to begin the first grade of the education program. 

Before the student may enroll in the district’s education program, the board will require evidence of age and residency in the form of a birth certificate or other evidence of age. It is within the discretion of the superintendent to determine what is satisfactory evidence for proof of age. 

Prior to enrollment, the child must provide the administration with their health and immunization certificate. Failure to provide this information within the time period set by the superintendent is the reason for suspension, expulsion or denying admission to the student. 

 

Legal Reference: Iowa Code §§ 139A.8; 144.45(5); 282.1, .3, .6.

 

Approved: September 9, 2024

Reviewed: September 9, 2024

Revised: September 9, 2024

The board will have complete discretion to determine the boundaries for each attendance center, to assign students to the attendance centers. 

Parents or guardians of siblings in the same grade level academically in grades kindergarten through grade five may request the siblings be placed in the same or different classrooms. In order to be valid, the request must be made in writing and submitted to the school principal at the time of registration for classes, or within fourteen days after the children’s first day of attendance during the school year. If a valid request is received by the school principal, the

request must be honored. While a parent or guardian may make a placement request that siblings be placed together or apart, the district administration retains complete discretion to select the classroom teacher(s) to which siblings are assigned. If after the initial grading period following the placement of siblings in the same or different classrooms the school principal determines the placement is disruptive to the class; the principal may assign one or more of the siblings to different classrooms.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the assigned attendance center for each student. In making the recommendation, the superintendent will consider the geographical layout of the school district, the condition and location of the school district facilities, the location of student population, possible transportation challenges, financial condition of the school district and other factors deemed relevant by the superintendent or the board. 

Legal Reference: Iowa Code §§ 279.11; 282.7-.8.

 

Approved: September 9, 2024

Reviewed: September 9, 2024

Revised: September 9, 2024

Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district. 

The school district will request the student's cumulative records from the previous school district. If the student cannot offer proof of grade level, the superintendent will make the grade level determination. The superintendent may require testing or other information to determine the grade level. Students expelled or suspended from their previous school district will only be enrolled after approval of the board. 

The superintendent will determine the amount of credits to be transferred. If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades. 

The board may deny admission if the student is not willing to provide the board with the necessary information. 

 

Legal Reference: 20 U.S.C. § 1232g. Iowa Code §§ 139A.8; 282.1, .3, .4; 299A

 

Approved: September 9, 2024

Reviewed: November 20, 1995; April 18, 2011; January 19, 2015; August 19, 2019; September 9, 2024

Revised: September 9, 2024

 

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they should notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program. The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc. 

The notice should state the student's final day of attendance. If the student is not enrolling in another school district, the school district will maintain the student's records in the same manner as the records of students who have graduated from the school district.

If the parents wish to have the student's cumulative record sent to the new school district, the parents must notify the superintendent in writing. This notice will include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent. If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent. The notice will inform the parents of their right to review the records sent.

If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents will notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports. 

 

Legal Reference: 20 U.S.C. § 1232g. Iowa Code §§ 274.1; 299.1-.1A; 299A.11

 

Approved: September 9, 2024

Reviewed: March 21, 1988; April 18, 2011; August 19, 2019; September 9, 2024

Revised: September 9, 2024

 

 

 

 

 

As part of the school district's records, the daily attendance of each student is recorded and maintained on file with the permanent records of the board secretary.

It is the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records. This is a mandatory policy.

Legal Reference: Iowa Code §§ 294.4; 299. 281 I.A.C. 12.3(4).

 

Approved: September 9, 2024

Reviewed: September 9, 2024

Revised: September 9, 2024

The district believes that traditional, in-person school attendance leads to the greatest learning opportunities for students. Students who are present in school and engaged active learners take greater ownership over their educational outcomes. For this reason, it is the priority of the district to foster regular student attendance throughout the school year and reduce barriers to regular attendance for students in the district. 

Chronic absenteeism/absences means any absence from school for more than ten percent of the school days in the semester established by the district. 

Truant/truancy means a child of compulsory attendance age who is absent from school for any reason for at least twenty percent of the school days in the semester established by the district. Truancy does not apply to the following students who:

• have completed the requirements for graduation in an accredited school or has obtained a high school equivalency diploma

• are excused for sufficient reason by any court of record or judge;

• are attending religious services or receiving religious instruction;

• are unable to attend school due to legitimate medical reasons;

• are attending a private college preparatory school accredited or probationally accredited;

• are excused under Iowa Code §299.22; and

• are exempt under Iowa Code §299.24. 

Students are subject to disciplinary action for truancy including suspension and expulsion. It is within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy. Students receiving special education services will not be assigned to an alternative setting unless the goals and objectives of the student's Individualized Education Program are capable of being met in the alternative setting.

It is the responsibility of the superintendent, in conjunction with the designated school officials, to develop administrative regulations regarding this policy. The administrative regulations will indicate the disciplinary action to be taken for truancy. This is a mandatory policy.

 

Legal Reference: 34 C.F.R. sec. 300

28 C.F.R. Pt. 35

Iowa Code §§ 294.4; 299. 281 I.A.C. 12.3(4).

 

Approved: September 9, 2024

Reviewed: September 9, 2024

Revised: September 9, 2024

 

Daily, punctual attendance is an integral part of the learning experience. The education that goes on in the classroom builds from day to day and absences can cause disruption in the educational progress of the absent student. Irregular attendance or tardiness by students not only limits their own studies, but also interferes with the progress of those students who are regular and prompt in attendance. Attendance is a shared responsibility that requires cooperation and communication among students, parents and the school. 

This regulation is divided into two sections: Section I addresses legal requirements related to chronic absenteeism and truancy and Section II addresses additional academic, disciplinary and extracurricular consequences students face due to chronic absenteeism and truancy. It is important for students to recognize that chronic absenteeism and truancy impacts all these facets of their educational experience. 

SECTION I – Legal Requirements

Chronic Absenteeism

When a student meets the threshold to be considered chronically absent, the school official will send notice by mail or e-mail to the county attorney where the district’s central office is located. The school official will also notify the student, or if a minor, the student’s parent, guardian or legal or actual custodian via certified mail that includes information related to the student’s absences from school and the policies and disciplinary processes associated with additional absences.

School officials will send notice when the student’s absences meet the threshold, but before the student is deemed chronically absent (please refer to student handbook).

School Engagement Meeting

If a student is absent from school for at least fifteen percent of the days in the grading period, the school official will attempt to find the cause of the absences and start and participate in a school engagement meeting. All of the following individuals must participate in the school engagement meeting:

• The student;

• The student’s parent, guardian or legal or actual custodian if the student is an unemancipated minor; and

• A school official. 

The purpose of the meeting is to understand the reasons for the student’s absences and attempt to remove barriers to the student’s ongoing absences; and to create and sign an absenteeism prevention plan. 

Absenteeism Prevention Plan

The absenteeism prevention plan will identify the causes of the student’s absences and the future responsibilities of each participant. The school official will contact the student and student’s parent/guardian at least once per week for the remainder of the school year to monitor the performance of the student and the student’s parent/guardian under the plan. If the student and student’s parent/guardian do not attend the meeting, do not enter into a plan or violate the terms of the plan, the school official will notify the county attorney. 

 

SECTION II – Academic and Disciplinary Requirements

Students are required to be in attendance, pursuant to board policy, for 174 days per school year unless their absences have been excused by the principal or the principal’s designee for illness (absences of five or more consecutive days due to illness requires a doctor's note), family emergencies, doctor or dental appointment, recognized religious observances and school sponsored or approved activities. Reasonable excuses may also include family trips or vacations approved by the building principal if the student's work is finished prior to the trip or vacation. Absences that do not fall within the categories listed above will be considered unexcused unless approved by the principal. Parents are expected to telephone the school office to report a student's absence prior to 9:00 a.m. on the day of the absence.

If a student accumulates 10 unexcused absences in a class, he or she may lose credit for the class if the student was previously warned prior to 8 unexcused absences that two more may result in loss of credit. Prior to imposing the loss of credit in one or more classes, the principal will provide the student an opportunity for an informal hearing. 

School work missed because of absences must be made up within two times the number of days absent, not to exceed 6 days. The time allowed for make-up work may be extended at the discretion of the classroom teacher. Teachers will not have attendance or grading practices that are in conflict with this provision.

Students will remain in class until the attendance team representation & superintendent make a decision regarding loss or restoration of credit. Full credit is awarded to all assignments and tests submitted that meet the teacher's specifications until a decision regarding credit has been made.

If a student loses credit based on their attendance, this will be recorded in the student's record as an "AD" administrative drop and could potentially impact eligibility to compete/participate in activities.

A student who loses credit in all courses due to excessive absences is assigned to a supervised study hall for the period(s) in which the course(s) meets or the student may be reassigned to another class or location. A student who, after a hearing before the board, loses credit in all courses due to unexcused absences, will not be allowed to participate in any school activities until the following semester. It will be at the Board’s discretion to place the student in an alternative setting for the remaining portion of the semester or drop the student from enrollment for the semester. However, the student is eligible to participate in practice if all other eligibility criteria have been met and the student was placed in an alternative setting. 

The administration and guidance staff will make reasonable efforts to advise and counsel and may impose discipline upon any student approaching 5 unexcused absences. Such advice, discipline and counseling is in addition to the requirements listed in Section I of this regulation and includes, but is not limited to, oral or written notices to the student and his or her parents, conferences with the student and parents, written contracts, or loss of non-academic privileges such as extracurricular activities, open campus, late arrival, early dismissal, or school sponsored events/dances.

 

Approved: September 9, 2024

Revised: September 9, 2024

Reviewed: September 9, 2024

 

Students will be allowed to leave the school district facilities during school hours only with prior authorization from their parents, unless the parent appears personally at the student's attendance center to arrange for the release of the student during school hours, or with the permission of the principal. 

Approved reasons for release of a student during the school day will include, but not be limited to illness, family emergencies, medical appointments, religious instruction, classes outside the student's attendance center, employment for which the student has been issued a work permit and other reasons determined appropriate by the principal.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. (see handbook for details)

 

Legal Reference: Iowa Code § 294.4

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

 

Approved: September 9, 2024

Reviewed: April 18, 2011; January 19, 2015; August 19, 2019; September 9, 2024

Revised: September 9, 2024

 

 

Policy 501.13: Students of Legal Age 

 

Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district. 

Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes. In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.

Legal Reference: 20 U.S.C. § 1232g

 

Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10.

 

Approved: December 9, 2024

Reviewed: December 9, 2024

Revised: December 9, 2024

The District shall make reasonable efforts to identify homeless children and youth of school age within the District, shall encourage their enrollment in school, shall eliminate existing barriers in District policies and procedures that may serve as barriers to their enrollment, and shall ensure that homeless children and youth have equal access to the same free public education, including public preschool education, as is provided to other children and youth. 

Definitions.  As used in this policy, “homeless children and youth” means individuals from age five through age 21 who lack a fixed, regular, and adequate nighttime residence, including children and youth who are:

• sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;
• living in motels, hotels, trailer parks, or camping grounds due the lack of alternative adequate accommodations;
• living in emergency or transitional shelters;
• abandoned in hospitals;
• children and youth who have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings;
• children and youth who are living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting; or
• migratory children who qualify as homeless because they are living in circumstances described in this definition.

Incarcerated children and youth and children in foster care are not considered homeless.

“School of origin” means the school that the homeless child or youth attended when permanently housed or the school in which the homeless child or youth was last enrolled, including a preschool.

“Unaccompanied youth” means a youth not in the physical custody of a parent or guardian, including youth living in runaway shelters, abandoned buildings, cars, on the streets, or in other inadequate housing, youth denied housing by their families, and school-age unwed mothers, living in homes for unwed mothers, who have no other housing available.

Liaison.  The Drop Out Prevention Coordinator shall serve as the District’s liaison for homeless children and youth.  The liaison shall ensure that homeless children and youth are identified by school personnel and through coordination activities with other entities and agencies; that homeless children and youth enroll in school and have a full and equal opportunity to succeed in school; and that the District is meeting all other requirements under state and federal law relating to homeless children and youth.

The liaison shall also assist parents, guardians and unaccompanied youth in enrolling in school and accessing school services, obtaining student records, arranging for immunizations, and shall help to coordinate transportation services.

No Segregation.  Homeless children and youth shall not be separated from the mainstream school environment on the basis of their status as homeless.  Homeless children and youth may be segregated from other students only for short periods of time as necessary for health or safety reasons or to provide temporary, special and supplemental services to meet the unique needs of homeless students.  Homeless children and youth shall not be stigmatized or isolated on the basis of their status or homeless.  Records indicating their status as homeless shall be maintained in accordance with confidentiality requirements.

Immunization Records.  A homeless child or youth will not be denied enrollment for lack of immunization records if the child is transferring from another school and the school confirms the presence of the immunization record.  The District liaison will make a reasonable effort to locate immunization records from the information provided or will arrange for the student to receive immunizations.

Student Records.  Homeless children and youth transferring into the District may provide student records directly to the District.  The District will not require that the records be forwarded from another district or school before the child may enroll.  The District will then request the student’s records from the previous district or school attended by the student.  Homeless children and youth transferring out of the District may be provided directly copies of student records to take with them.

Waiver of School Fees.  School fees shall be waived in accordance with the District’s policy on waiver of fees or if necessary for the homeless child or youth to obtain equal access to a free public education.  The District liaison shall also assist students in accessing resources for appropriate school clothing.

Free and Reduced-Price Meals.  The application process for the free and reduced price meals shall be expedited for homeless children and youth.  The district may determine if a student is homeless and requires free meals without completing the full application process.

School Placement.  School placement determinations for homeless children and youth shall be made on the basis of the best interests of the homeless child or youth.  The District will, to the extent feasible, keep a homeless child or youth in the school of origin, unless the parent or guardian or unaccompanied youth requests another school and the District concurs in attendance at the preferred school.  If the District sends a homeless child or youth to a school other than the school of origin or a school requested by the parent, guardian, or unaccompanied youth, the District will provide a written explanation of its decision with notice of the right to appeal the decision pursuant to State appeal procedures.

The placement determination shall be student centered, individualized determination.  Factors to be considered may include the age of the student, the distance of the commute and the impact on the student’s education, personal safety issues, the student’s need for special education and related services, the length of the anticipated stay in the temporary shelter or other temporary location, and the time remaining in the school year.  Homeless children and youth may be assigned to other schools if necessary to receive a free and appropriate public education accordance with a special education IEP.

Transportation.  If a homeless child or youth continues to live in the District but in a different attendance area than the school the student was previously attending in the District, the District, at the request of the parent, guardian, or at the request of the District liaison on behalf of an unaccompanied youth, shall provide or arrange for transportation to and from the school previously attended.  If the homeless child or youth is no longer living in the District, but is continuing his or her education in the District, the District will apportion the responsibility and costs for providing the child with transportation with the district where the child is currently living in a manner consistent with the law.

Conflicts With Other Policies.  Provisions in this policy shall supersede any conflicting provisions in other District policies, regulations or procedures.

 

 

(July 19, 2004; March 21, 2011; January 19, 2015; August 19, 2019)

 

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.

Students who participate in extra-curricular activities serve as ambassadors of the school district throughout the calendar year whether at or away from school.  Students who wish to have the privilege of participating in school extra-curricular activities and other school sponsored activities must conduct themselves in accordance with board policy, and must refrain from activities which are illegal, immoral, or unhealthy throughout the school year.

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.  Students disciplined under the conduct rule shall receive appropriate due process in concert with the nature of the misconduct.  It shall be the responsibility of the principal to maintain a record of violations for the good conduct policy and supporting administrative regulations.

Any student declared ineligible under the prior school district’s Good Conduct Rule, and then without having completed the full period of ineligibility at that school transfers to the South Tama County High School, will not be eligible for interscholastic competition at South Tama County High School until the full period of ineligibility has been completed.  Once that time period of ineligibility has been completed, the student is then immediately eligible for interscholastic competition at the South Tama County High School as far as any Good Conduct Rule is concerned.

It shall be the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding conduct for each school activity.  (See Student Handbook and Activities Handbook). 

 

 

(April 17, 1989; July 19, 1993. March 15, 2010; March 21, 2011; January 19, 2015; August 19, 2019)

 

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district. 

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district. 

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons, dangerous objects or look-a-likes will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion. 

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, any explosive, incendiary or poison gas, or otherwise defined by applicable law. 

Weapons under the control of law enforcement officials or other individuals specifically authorized by the board are exempt from this policy. Students and individuals approved in writing by the Superintendent who are actively engaging in a school district approved firearms safety course, hunter education course or shooting sports activity are exempt from this policy. The superintendent will develop an administrative process or procedures to implement the policy and communicate with law enforcement relevant exemptions to this policy as appropriate. 

 

Legal Reference: 18 U.S.C. § 921

 

Iowa Code §§ 279.8; 280.21B; 483A.27(11), 724

281 I.A.C. 12.3(6)

 

Approved: August 26, 2024

Reviewed: December 19, 1994; May 15, 1995; November 20, 1995; November 17, 1997; May 17, 1999; May 21, 2001, March 15, 2010; March 21, 2011; January 19, 2015; August 19, 2019; August 26, 2024

Revised: August 26, 2024

 

 

The board believes inappropriate student appearance causes material and substantial disruption to the school environment and/or presents a threat to the health and safety of students, employees and visitors.  Therefore, to ensure an orderly learning environment, students and parents are responsible for the student wearing clean and appropriate clothing in attendance at school and school activities.

It is inappropriate and a violation of school policy for students to wear apparel promoting products that are illegal for use by minors and clothing displaying obscene material, profanity, or with references to prohibited conduct.  Dress that is a threat to health or safety or is disruptive to the learning environment will not be acceptable.  Further, certain written or spoken words or symbols on clothing or on the person may be prohibited, without being demonstrably disruptive, if the expression conflicts with the schools’ basic educational mission.  The STC educational mission includes, but is not limited to, the goal of establishing a common core of values which support human dignity, self-respect, and responsibility towards self and others.

The presence of gang activity in the school and community has been detected by local law enforcement, school, and consultant personnel.  Such activity has included the selling of controlled substances, violence, and intimidation. 

The term “gang” in this policy is defined as a “criminal street gang’ as defined in Iowa law 723.A.  A criminal street gang means any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.  “Pattern of criminal gang activity” means commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang.

To ensure an orderly learning environment, gang related behavior such as signs, symbols, and gestures are prohibited on school property, buses, and school sponsored events.  Prohibited behavior may include apparel, jewelry, accessory, book, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol or any other attribute, denotes membership in a gang and creates a danger of the commission of unlawful acts or violation of school regulations, or the substantial disruption of the orderly operation of the school.  Similarly, behavior is prohibited which is identified as involving gang recruitment, initiation, hazing, wearing of colors with gang affiliations, intimidation, fighting, assault, or establishment of turf on school property or at school functions and school-related activities.  Such behavior is likely to cause physical harm or personal degradation or disgrace which is harmful to self or to others and disruptive of the learning atmosphere of a school. 

School personnel are authorized to cause the removal of gang signs and symbols appearing on personal items as well as those that are on public property.  Persons who refuse to remove signs and symbols, which have gang implications or who behave in a manner which is gang related are subject to discipline up to and including removal from activities, detention, suspension or expulsion from school. 

 

 

(November 18, 1996; June 16, 1997; March 21, 2011; January 19, 2015; August 19, 2019)

 

The board believes it is imperative to promote the health and well-being of all students in the district. The district will provide a substance use prevention program and set restrictions on substance use by students in accordance with applicable law. 

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco/nicotine products, other controlled substances, or "look alike" substances that appear to be tobacco/nicotine products, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management and welfare of the school district. "Controlled substances" in this policy refers to the misuse of both licit and illicit drugs. 

The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors. 

Violation of this policy by students will result in disciplinary action including suspension or expulsion. Use, purchase or being in possession of tobacco/nicotine products for those under the age of twenty-one, may be reported to the local law enforcement authorities. Possession, use or being under the influence of alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities. 

Students who violate the terms of this policy may be required to satisfactorily complete a substance use assistance or rehabilitation program approved by the school board. If such a student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion. 

The board believes the substance use prevention program will include:

• Age-appropriate, evidence-based substance use prevention curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting social pressure to use tobacco, drugs or alcohol;

• A statement to students that the use of controlled substances and the unlawful possession and use of tobacco/nicotine products and alcohol is harmful to student well-being;

• Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of controlled substances, tobacco/nicotine products and/or alcohol by students on school premises or as part of any of its activities;

• A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;

• A statement that students may be required to complete a substance use evaluation to determine whether substance use disorder treatment is recommended and, if recommended, successfully complete an appropriate rehabilitation program;

• Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;

• A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and, 

• Notification to parents and students that compliance with the standards of conduct is mandatory.

 

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. 

 

Legal Reference: 34 C.F.R. Pt. 86

Iowa Code §§ 123.46; 124; 279.8, .9; 453A.

 

Approved: August 26, 2024

Reviewed: April 6, 1981; April 17, 1989; November 17, 1997; January 18, 1999; March 15, 2010; April 18, 2011; January 19, 2015; August 19, 2019; August 26, 2024

Revised: August 26, 2024

 

 

 

 

Students will treat school district property with the care and the respect they would treat their own property.  Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district.  They may be subject to discipline under board policy and the school district rules and regulations.  They may also be referred to local law enforcement authorities.

 

 

(April 18, 2011; January 19, 2015; August 19, 2019)

 

School district property is held in public trust by the Board.  School district authorities may, without a search warrant, search students, protected student areas, and/or student vehicles based on a reasonable and articulable suspicion that a school district policy, rule, regulation, or law has been violated.  The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees, and visitors to the school district facilities. 

School district authorities may also conduct periodic inspections of all, or a randomly selected number of, school lockers, desks, and other facilities or spaces owned by the district and provided as a courtesy to a student.  The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, shall not create a protected student area and shall not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

School authorities may seize any illegal, unauthorized, or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, non-prescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons, stolen property, and any other item of which the possession or use of may violate Board policy or the law.  Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Possession of such items will be grounds for disciplinary action including, but not limited to, suspension or expulsion and may be reported to local law enforcement officials.  The Board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

 

 

(April 6, 1981; June 15, 1992; November 20, 1995; May 18, 1998, March 15, 2010; March 21, 2011; January 19, 2015; August 19, 2019)

 

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student's attendance center is a privilege. 

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center(s) or at another district’s attendance center for the purpose of attending extracurricular activities. Students may not loiter around or be in their vehicle during the school day without permission from the principal. Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by the principal. 

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

Legal Reference: Iowa Code §§ 279.8; 321

Approved: October 28, 2024

Reviewed: April 6, 1981; December 21, 1987; March 21, 2011; January 19, 2015; August 19, 2019; October 28, 2024

Revised: October 28, 2024

 

 

 

I.      Searches, in general.

   A.  Reasonable and Articulable Suspicion:  A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence
        that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.

        Reasonable suspicion may be formed by considering factors such as the following:
        (1)  eyewitness observations by employees;
        (2)  information received from reliable sources;
        (3)  suspicious behavior by the student; or,
        (4)  the student’s past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.

   B.  Reasonable Scope:  A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. 
        Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
        (1)  the age of the student;
        (2)  the sex of the student;
        (3)  the nature of the infraction; and
        (4)  the emergency requiring the search without delay.

II.  Types of Searches

   A.  Personal Searches

1. A student’s person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
   (a)  Pat-Down Search:  If a pat-down search or a search of a student’s garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
   (b)  A more intrusive search, short of a strip search, of the student’s person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened.  Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

   B.   Locker and Desk Inspections 

Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times.  The school district has a reasonable and valid interest in insuring the lockers and desks are properly maintained.  For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk.  Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual.  Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.

The contents of a student’s locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or school policy or rule.  Such searches should be conducted in the presence of another adult witness when feasible.

   C.  Automobile Searches

Students are permitted to park on school premises as a matter of privilege, not of right.  The school retains authority to conduct routine patrols of the student parking lots.  The interior of a student’s automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.

 

 

(August 19, 2019)

 

Student lockers are the property of the school district.  Students will use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school.  It is the responsibility of students to keep their assigned lockers clean and undamaged.

To ensure students are properly maintaining their assigned lockers, the principal of the building may periodically inspect all or a random selection of lockers.  Either the student or another individual will be present during the inspection of lockers.  Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.  Either the student or another individual will be present during the search of lockers.

 

 

(April 18, 2011; January 19, 2015; August 19, 2019)

 

A student may not be interviewed in school unless the building principal gives specific permission.  Generally, individuals other than parents and school district officials and employees may not interview students during the school day.  No interview shall be permitted unless the principal deems it essential to the welfare of the pupil as set forth in regulations, or he is directed to do so by court order.

Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal’s office.  Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted.  Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator’s judgment as to whether the student should be interviewed independently from the student’s parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

No student may be taken from the school without consent of the building principal, except by court order accompanied by a peace officer or a peace officer acting in the line of duty. 

Un estudiante no puede ser entrevistado en la escuela a menos que el director del edificio dé un permiso específico. Generalmente, otras personas que no sean los padres y los funcionarios y empleados del distrito escolar no pueden entrevistar a los estudiantes durante el día escolar. No se permitirá ninguna entrevista a menos que el director lo considere esencial para el bienestar del alumno según lo establecido en las regulaciones, o que así lo indique una orden judicial.

Las solicitudes de agentes del orden y de personas distintas de los padres, funcionarios del distrito escolar y empleados para entrevistar a los estudiantes se realizan a través de la oficina del director. Al recibir una solicitud, es responsabilidad del director determinar si se concederá la solicitud. Generalmente, antes de aceptar una solicitud, el director intentará comunicarse con los
padres para informarles de la solicitud y pedirles que estén presentes.

Si un investigador de abuso infantil desea entrevistar a un estudiante, el director remitirá al criterio del investigador si el estudiante debe ser entrevistado independientemente de sus padres, si la escuela es el entorno más apropiado para la entrevista y quién estará presente durante la entrevista.

Ningún estudiante puede ser sacado de la escuela sin el consentimiento del director del edificio,
excepto por orden judicial acompañado por un oficial del orden público o un oficial del orden
público que actúe en el cumplimiento de su deber.

 

(April 6, 1981; June 15, 1992; March 21, 2011; January 19, 2015; August 19, 2019)