An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school district’s Level I investigator.  “Employee” means one who works for pay or as a volunteer under the direction and control of the school district.  The report should be written, signed and witnessed by a person of majority age.  The witness may be the Level I investigator.  The reporter is the individual filing the report. 

The report will contain the following:

• The full name, address, and telephone number of the person filing.
• The full name, age, address, and telephone number, and attendance center of the student.
• The name and place of employment of the employee who allegedly committed the abuse.
• A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.
• A list of possible witnesses by name, if known.
• Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

Upon request, the Level I investigator may assist the reporter in completing the report.  An incomplete report will not be rejected unless the missing information would render the investigation futile or impossible.  An employee receiving a report of alleged abuse of a student by an employee will pass the report to the investigator and will keep the report confidential to the maximum extent possible.

In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context.  However, the student need not be a student in the school district.  The student can be from another school district.

To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee.  If the report is not investigable due to lack of jurisdiction, the investigator will dismiss the complaint and inform the reporter of other options available.  Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

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

• temporarily remove the student from contact with the employee;
• temporarily remove the employee from service; or,
• take other appropriate action to ensure the student’s safety.

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

Any Level I investigation shall follow all applicable Iowa laws and regulations.

 

 

(June 10, 2019)

 

This series of the board policy manual is devoted to the board’s goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community.  They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches. Each employee plays a vital role in providing an equal opportunity for a qualify education for students. All employees have an impact on the school environment, including students, parents, and community members, by their dedication to their work and their actions. As role models for the students, employees will 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 will 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 is the responsibility of the superintendent to make recommendations to the board in these areas prior to board action. The board recognizes its duty to bargain collectively with duly certified collective bargaining units.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees will apply to positions that require a teaching license or administrator’s certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration. Board policies relating to classified employees will apply to positions that do not fall within the definition of licensed employee.

Subject to the financial resources available to the Board of Directors, it shall be the policy of the Board of Directors to recruit and retain the highest caliber of administrators, certified employees, and classified employees.  It shall be the policy of the Board of Directors to appoint or dismiss all employees only upon the recommendation of the Superintendent.  

 

 

(June 9, 1980; April 18, 2011; June 18, 2012; January 19, 2015, June 10, 2019)

 

I.          Harassment Prohibited

The South Tama Community School District is committed to maintaining an environment that is free from harassment because of an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.  The district prohibits any and all forms of harassment because of an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.

It shall be a violation of this policy for any teacher, administrator, or other school personnel of the district to harass a teacher, administrator, or other school personnel through conduct or communication of a sexual nature or regarding an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information, as defined by this policy.  For purposes of this policy, school personnel include Board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the district.

It shall also be a violation of this policy for any teacher, administrator or other school personnel of this district to tolerate sexual harassment or harassment because of an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information by a teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaging in activities under the direction of the district.  Any teacher, administrator, or other school personnel who has knowledge or belief that an individual has or may have been the victim of prohibited harassment is required to immediately report the alleged acts to an appropriate district official designated by this policy.  Failure to report the harassing conduct could result in discipline, up to and including termination, for the teacher, administrator, or other school personnel who failed to report.

The district will act to promptly investigate all complaints, either formal or informal, verbal or written, of harassment and to promptly take appropriate action to protect individuals from further harassment.  If the district determines that unlawful harassment has occurred, it shall promptly and appropriately discipline any teacher, administrator or other school personnel who is found to have violated this policy, up to and possibly including termination, and/or take other appropriate action reasonably calculated to end the harassment.

 

II.        Definitions

  A.  Sexual Harassment:  Sexual harassment consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or
             other verbal, physical, or written conduct or communication of a sexual nature when:

1. submission to that conduct or communication by an individual is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment;
2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment; or
3. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment environment.   

 

Examples of conduct that may constitute sexual harassment may include, but are not limited to:

1. unwelcome verbal harassment or abuse, or unwelcome written harassment or abuse, including through the Internet or e-mail;
2. unwelcome sexual advances or pressure for sexual activity;
3. unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact, other than necessary restraint of students by teachers, administrators or other school personnel to avoid physical harm to persons or property;
4. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment status or implied or overt promises of preferential treatment with regard to an individual’s employment status;
5. unwelcome behavior or words directed at an individual because of gender;
6. coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;
7. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another;
8. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another;
9. graffiti of a sexually offensive nature;
10. sexual gestures or jokes; or
11. spreading rumors about or rating other individuals as to sexual activity or performance.

   B.  Harassment:  Other forms of harassment consist of physical, verbal, or written conduct relating to an individual’s age, race, creed, color, sex, sexual orientation, gender
              identity, national origin, religion, disability, or genetic information when the conduct: 

1. has the purpose or effect of creating an intimidating, hostile or offensive employment environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual’s employment performance; or
3. otherwise adversely affects an individual’s employment opportunities. 

Examples of conduct that may constitute harassment based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information include, but are not limited to:

1. threatening or intimidating conduct directed at others because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information, including through the Internet or e-mail;
2. slurs, negative stereotypes and hostile acts based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
3. graffiti containing offensive language that is derogatory to others because of their age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
4. written or graphic material containing comments or stereotypes which is posted or circulated (including through e-mail or the Internet) and which is aimed at degrading individuals because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information; or
5. a physical act of aggression or assault upon another because of, or in a manner reasonably related to, the individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.

 

III.       Reporting Procedures

Any individual who believes he or she has been the victim of harassment by a teacher, administrator or other school personnel of the district, or by any other person who is participating in, observing, or otherwise engaging in activities under the direction of the district, is encouraged to report the alleged act immediately to the individual’s building principal or the district’s Equity Coordinator.

Any teacher, administrator, or other school personnel who has knowledge or belief that an individual has or may have been the victim of prohibited harassment is required to immediately report the alleged acts to the individual’s building principal or the district’s Equity Coordinator.  Failure to report the harassing conduct could result in discipline, up to and including termination, for the teacher, administrator, or other school personnel who failed to report.

Any other person with knowledge or belief that an individual has or may have been the victim of prohibited harassment is encouraged to immediately report the alleged acts to the appropriate building principal or the district’s Equity Coordinator.

The district encourages the reporting party or complainant to use the report form available from the principal of each building and available from the district office, but oral reports shall be considered complaints as well.  Nothing in this policy shall prevent any person from reporting harassment or violence directly to the district’s Equity Coordinator.

The Board hereby designates the Equity Coordinator as the individual responsible for identifying, investigating, preventing, and remedying harassment within the district.  The district shall conspicuously post the name of the Equity Coordinator, including mailing addresses and telephone numbers.

 

IV.       Investigation Procedures

By authority of the Board, the Equity Coordinator, upon receipt of a report or complaint alleging prohibited harassment, shall immediately undertake or authorize an investigation.  The investigation may be conducted by district officials or by a third party designated by the district.

The district may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of an investigation of alleged harassment.

The investigation will be completed as soon as practicable.  The investigator shall make a written report to the Equity Coordinator or designee upon completion of the investigation, which shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.  Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

 

V.        District Action

The district will take appropriate action following a finding that a violation of this policy has occurred.  Such action may include, but is not limited to:  warning, suspension, exclusion, expulsion, transfer, remediation, reprimand, termination or discharge, counseling, training, or mentoring.  District action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, state and federal law, and district policy.

 

VI.       Prohibition on Retaliation

Retaliation against an individual because the individual has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is prohibited.    Any teacher, administrator, or other school personnel shall not engage in reprisal, retaliation, harassment, or false accusation against a victim, witness, or an individual who has reliable information, about such an act of harassment.  The superintendent/designee has the right to discipline individuals who knowingly file false harassment complaints or otherwise act in bad faith during a complaint/investigative process.  An individual who is found to have retaliated against another in violation of this regulation will be subject to disciplinary action, up to and possibly including termination.

 

VII.     Right to Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Iowa Civil Rights Commission, 211 E. Maple, Des Moines, Iowa, 50309, (515) 281-4121, or the U.S. Department of Education, Office for Civil Rights, Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661-4544, (312) 730-1560.  Any inquiry or complaint to a state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

 

(Adopted April 29, 2009; March 21, 2011; June 18, 2012; July 8, 2013, July 7, 2014; January 19, 2015; September 19, 2016, January 8, 2018; June 10, 2019)

 

                                                    COMPLAINT FORM
                                   (Anti-Discrimination and Anti-Harassment)

 

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): __________________________________________________

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against and/or harassed. 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: ___________________________

 

 

(1/8/2018)

 

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 expects employees to conduct themselves and to dress and groom themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will act appropriately, professionally, and respectful in their roles as employees of the district.  As role models for the students of the district, employees must recognize that their failure to act appropriately reflects negatively upon them and upon the district.

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.

 

 

(January 17, 2005; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

In general, administrators and certified employees shall be responsible for direct supervision of students.  Supervision of student conduct should be such that procedures used will assist in advancing the purpose of education and provide an opportunity for all students to benefit from the educational process.

Administrators, certified employees and classified employees do share however, the responsibility for providing the best possible learning situation for the students of the school district.  Therefore, classified employees shall be responsible for supervision of students when assigned direct supervision of an individual student or group of students or when a student is on school property and a classified employee is the only employee present.  In the event that any disciplinary action or student injury occurs, the classified employee shall report this to the immediate supervisor in the manner required. 

 

 

(June 9, 1980; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

402.03: Abuse of Students by School District Employees

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

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

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

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

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; 272A; 280.17; 709; 728.12(1). 281 I.A.C. 12.3(6), 102; 103. 441 I.A.C. 155; 175.

 

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

Reviewed: November 20, 2023

Revised:

 

 

 

 

Except as modified by the negotiated Master Contract, employees hired to work on curriculum and other related areas during the summer will be paid a hourly rate determined on base salary for the succeeding school year.  The hourly rate will be established on a forty-hour week.  Each employee so employed shall complete and submit time cards for hours worked.

The Superintendent shall recommend the number of employees to be employed for each summer and the length of employment of each.  Hours will be regulated by the application and funds available. 

 

 

(June 9, 1980; July 19, 1993; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

The primary responsibility of employees of the school district 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.  If an employee is on leave from his/her position in the school district and is engaged in outside employment, the board may request the employee to cease the outside employment, provided such request is reasonable.

 

 

(April 18, 2011; June 18, 2012; January 19, 2015, June 10, 2019)

 

Materials and/or products created by employees and the financial gain therefrom are the sole and exclusive property of the school district if any school funding, school materials, and/or school time were used in their creation and/or if such materials were created in the scope of the employee‘s employment.  The employee must seek prior written approval of the superintendent concerning such activities.

 

 

(April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

Employees who transport students for school purposes must have the permission of the superintendent.  Generally, transportation of students is in a motor vehicle owned by the school district and driven by an employee.  In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee’s motor vehicle.

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

 

 

(April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

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

404-R1: Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

 

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:

o First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

o Lascivious acts with a child;

o Assault with intent to commit sexual abuse;

o Indecent contact with a child;

o Sexual exploitation by a counselor;

o Lascivious conduct with a minor;

o Sexual exploitation by a school employee;

o Enticing a minor under Iowa Code section 710.10; or

o 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 2, 2024

Reviewed: January 2, 2024

Revised: January 2, 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)

 

Employee Personnel Records Contents

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;
• Application, resume and references, except those that shall be kept confidential according to state and federal law;
• Educational transcripts;
• Copy of the employee’s license or certificate, if needed for the position;
• Individual employment contract;
• Job description and/or assignment;
• Salary information;
• Tax documents, including, but not limited to IRS Form W-4;
• Written attendance records;
• Evaluation documents;
• Complaints;
• Performance improvement plans;
• Documents concerning any raise, promotion, pay decrease or demotion;
• Records of disciplinary matters;
• Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;
• Letters of termination and/or resignation;
• Documentation relating to an employee’s unemployment benefits; and
• Documentation relating to an employee’s employment ceasing.

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, including, but not limited to, medical records and/or notes;
•     Employee emergency names and numbers; and
•     Family and medical leave request forms.

3. Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

 

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, except those that shall be kept confidential according to state and federal law;
• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied; and
• Affirmative action form, if submitted.

 

Record Access

The Board shall allow current and former employees access to their files pursuant to state and federal law.

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.

The general public may have access to an employee’s personnel records and/or personnel information as permitted by law.  Specifically, the general public may have access to the following information:

• An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.
  • Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
• The dates the employee was employed by the district.
• The positions the employee holds or has held with the district.
• The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
• The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.

 

Employee Record Retention

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

 

 

(June 10, 2019)

 

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 Payroll or Superintendent to respond to inquiries from creditors.

 

 

(April 18, 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)

 

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:

 

 

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.

 

 

(June 10, 2019)

 

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, and also includes non-school 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 charged with and/or convicted of a violation of any criminal drug or alcohol offense, the employee will notify the employee’s supervisor of the conviction within five days of the charge and/or 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 and/or complete 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.

 

 

(April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

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 a employee.  This includes school district facilities, other school premises or school district vehicles.  “Workplace” also includes non-school property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  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 and/or may be subject to discipline up to and including termination.  If the employee fails to successfully participate in and/or complete 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 or alcohol statute no later than five (5) days after the conviction.

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 and/or complete 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 or alcohol offense, I must report that conviction to my supervisor within five days of the conviction.

_______________________________________________________________     _________________________________________________
(Signature of Employee)                                                                                               (Date)

 

(June 10, 2019)

 

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 pursuant to state and federal law.  Pre-employment alcohol tests are not authorized by law, but drug testing in required.

Employees governed by this policy shall be 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 South Tama County Community School District Business Office at 1702 Harding Street, Tama, Iowa 52339.

Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol or at any time if the employee is impaired and unable to safely perform their safety-sensitive functions. 

Employees who violate the terms of this policy are subject to discipline up to and including termination.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.  The superintendent shall also inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment, in the application form, and personally at the first interview with the applicant. 

The superintendent shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations to employees operating school vehicles.  The superintendent shall also oversee a substance-free awareness program to educate employees about the dangers of substance abuse. 

 

 

(December 18, 1995; June 16, 1997; July 17, 2000; June 18, 2012, February 18, 2015; January 19, 2015; March 9, 2015; June 10, 2019)

 

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)

 

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. A 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 6 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 see early retirement benefits by submitting to the Superintendent the required Application for Early Retirement Incentive and Release (“Application”) for participation in the plan no later than 4:00 pm on January 3rd, 2024.

•  Employee works through the end of the 2023-2024 school year and retires effective June 30, 2024, 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 early retirement incentive to the employee. 

• 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;

• 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. Years at STC

   1. 10 or more years of continuous employment as an employee with STC equals 100% of retirement benefits

   2. Less than 10 years of continuous employment as an employee with STC will be that percentage of 10, i.e. 8 years equals 8/10 or 80% of retirement benefits

   3. Anyone with less than 6 consecutive years as an employee with STC will not qualify for early 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. Retirement and Payment Schedule for all Employees

     1. Employees will be paid 20% or an established percentage rate of their salary per year for a maximum of five years.

     2. The employee’s salary will be calculated by using the average of their last three years.

     3. Shared time employees for which STC holds the contract will be included.

     4. 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.

     5. 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 % of years as calculated pursuant to Section A by the applicable rate as calculated pursuant to Section B above.

     2. The maximum amount paid to any employee under this policy will be capped at $7,800 per year unless otherwise modified by the Board when they deem it to be in the best interest, or an advantage to, the district.

     3. If adjustments are made to the maximum amount paid to any employee, the Board will formally set this amount no later than January 15 of each year.

     4. No interest shall be paid by the District on temporary delays in the payment of the early retirement incentive.  

     5. 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 3, 2024.  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 28, 2024 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 28, 2024. 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. Salary – Salary will be computed as an average of the employee’s last three years salary using the employee’s wages as reported to IPERS.  An employee whose contract was involuntarily reduced during the three years before they retired will have their salary calculated by using the average of their three highest earning STC years.

 

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.

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 of 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

Reviewed: 11/7/2022

Revised: 11/6/2023

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