Code No. 401.1

EMPLOYEE ORIENTATION

Employees must know their role and duties. Employees shall be required to participate in an orientation program for new employees. The employee’s immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the business manager. Regular employees ineligible for the school district’s group health plan will be given information regarding where they can obtain health care or health care insurance.

Legal Reference: 

Iowa Code §§ 20; 279.8 

191 IAC 74

Approved 9-13-93   Reviewed  12-19-2022  Revised 5-20-2019

 

 

Code No.  401.14

EMPLOYEE EXPRESSION

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

Employees will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights.

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

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

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

Legal Reference:

U.S. Const. Amend. I

Kennedy V. Bremerton School District, 597 U.S. (2022)

Iowa Code 279.73; 280.22

Approved  7-19-2021           Reviewed             Revised  7-25-2022

Code No. 401.19

STAFF TECHNOLOGY USE/SOCIAL MEDIA

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

General Provisions

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

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

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

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

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

Social Networking or Other External Web Sites

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

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

Legal Reference:         

Iowa Code § 279.8

281 I.A.C. 13.35, .26.

Approved    9-20-2021           Reviewed                   Revised                   

Code No. 401.2

EQUAL EMPLOYMENT OPPORTUNITY

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

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

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

Prior to a final offer of employment the school district will perform the background checks required by law.   Based upon the results of the background checks, the school district will determine whether an offer will be extended.  If the candidate is a teacher who has a initial license from the BOEE, then the requirement for a background check is waived.  The district will perform repeat background checks on applicable employees as required by law. 

Advertisements and notices for vacancies within the district shall contain the following statement: "The Riverside Community School District is an EEO/AA employer." The statement shall also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Riverside Community School District, Carson, Iowa; or by telephoning (712) 484-2212.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, 500 W. Madison St., Suite 2000, Chicago, IL, 60661, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/chicago/ or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.iowa.gov/government/crc/. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

Note:  This is a mandatory policy and reflects the law.  The district must perform an initial background check on all employees 18 years of age and older. For some licensed employees, background checks must be performed every five yeas.

Legal Reference: 

29 U.S.C. §§ 621-634

42 U.S.C. §§ 2000e et seq.

42 U.S.C. §§ 12101 et seq.

Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8

281 I.A.C. 12.4; 14.1; 95.

Approved 9-13-93         Reviewed 12-19-2022      Revised 11-20-23

Code No. 401.3

EMPOYEE CONFLICT OF INTEREST

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

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

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

1. It shall also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee’s official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:
2. The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district’s badge, uniform, business card or other evidences of office to give the employee or the employee’s immediate family an advantage or pecuniary benefit that is not available to other to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not “similarly situated” merely by being related to an employee who is employed by the school district.
3. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

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

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

• Cease the outside employment or activity;
• Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or prov1d1ng any other off1c1al serv1ce or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

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

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

Legal Reference: 

7 C.F.R. 3016.36(3)

Iowa Code §§ 20.7; 68B; 279.8; 301.28

Approved   9-13-93          Reviewed 12-19-2022      Revised 5-20-2019

Code No. 401.4

NEPOTISM

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

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

Legal Reference: 

Iowa Code §§ 20; 71; 277.27; 279.8

 

Approved 9-13-93     Reviewed  12-19-2022      Revised 5-20-2019

 

Code No. 401.5

EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint.  Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.

If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within ten (10)  days of speaking with the immediate supervisor, the employee may discuss it with the principal within ten (10) days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within ten (10) days after speaking with the principal.

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

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

Legal Reference: 

Iowa Code 20; 279.8 

Approved  9-13-93   Reviewed  12-19-2022     Revised  10-18-2021

Code No. 401.6

EMPLOYEE RECORDS

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

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

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  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 is the responsibility of the superintendent to keep employees' personnel files current. The board secretary shall be the custodian of employee records.

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

Legal References:

Iowa Code chs. 20, 21, 22, 91B

Approved 11-20-06   Reviewed  12-19-2022    Revised  5-20-2019

 

 

Code No. 4O1.6Rl

EMPLOYEE RECORDS REGULATION

Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

• Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
• Individual employment contract.
• Evaluations.
• Application, resume and references.
• Salary information.
• Copy of the employee's license or certificate, if needed for the position.
• Educational transcripts.
• Assignment.
• Records of disciplinary matters.

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

• Medical professional signed physical form.
• Sick or long-term disability leave days.
• Worker's compensation claims.
• Reasonable accommodation made by the school district to accommodate the employee's disability.
• Employee's medical history.
• Employee emergency names and numbers.
• Family and medical leave request forms.

3.     The following are considered public personnel records available for inspection:

• The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
• The dates the individual was employed by the government body;
• The positions the individual holds or has held with the government body;
• The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
• The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
• Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

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

• Application for employment.
• Resume.
• References.
• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
• Affirmative action form, if submitted.

Record Access

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

Employee Record Retention

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

Reviewed  12-19-2022     Revised 5-20-2019

 

 

Code No. 401.7

EMPLOYEE RELATIONS TO THE ADMINISTRATION AND TO THE BOARD

Employees are encouraged to attend school board meetings. Employees shall be available to provide information and assist in providing recommendations to the board upon request. Employees shall keep the board informed through the administration about educational trends and issues that may assist the board. It shall be the responsibility of the employees to keep the administration informed about the day-to-day occurrences in their work areas.

It shall be the responsibility of the superintendent to develop avenues for communication between the board and the employees. These avenues of communication will not be construed as denying the right of any employee to appeal an action or decision of the superintendent to the board.

Legal Reference: 

Iowa Code § 279.8

Approved 9-13-93    Reviewed  12-19-2022     Revised  5-20-2019

 

Code No. 401.8

EMPLOYEE INVOLVEMENT IN DECISION MAKING

Input from employees regarding the students, the education program and other school district operations will be considered by the administration and the board. Employees may be requested to make a presentation to the board. The administration, in its discretion, may consult with employees about proposed changes in the education program and operations of the school district.

Employees having suggestions for changes or improvements in administrative procedure or policy should take such suggestions directly to the principal or the superintendent. The principal or superintendent will discuss the suggestion with the teacher. After a final decision is made on any policy or procedure, teachers will be expected to accept the decision in their subsequent actions, discussions and relations.

Legal Reference: 

Iowa Code § 279.8

Approved 9-13-93    Reviewed 12-19-2022      Revised  5-20-2019

 

Code No. 401.9

USE OF SCHOOL DISTRICT FACILITIES & EQUIPMENT BY EMPLOYEES

The primary purpose of the school district facilities and equipment is to deliver a quality education program. Resources for school district equipment are limited; therefore each user must operate the equipment with the utmost care. Employees may use school district equipment for any school purpose or activity held during the school day or for a school-sponsored event. Employees may also use school district equipment for events not sponsored by the school district with the permission of their building principal. The event must be educationally related.

Employees may use the school district facilities when it does not interfere with the delivery of the education program. Employees may use the school district facilities for other than employee school-related business with the permission of the principal. An employee's request will not supersede a prior request. The employee will be responsible for ensuring the building is in the condition it was found. For non-educational business, the employee will be responsible to meet the requirements set out by the principal when the request is granted.

Legal Reference: 

Iowa Code §§ 256.12; 279.8; 297.9

Approved 9-13-93   Reviewed  1-16-2023    Revised 5-20-2019

Code No. 401.10

USE OF SCHOOL DISTRICT MATERIALS FOR INTERNAL COMMUNICATIONS

School district materials are purchased and used for the delivery of the education program. Employees may use school district materials for internal communication between themselves when the communication is directly related to the education program. Communications distributed to or between employees shall also be distributed to the building principal and the superintendent.

When the communication will involve unusual expense or use of materials, the employee must first have permission of the principal.

Legal Reference: 

Iowa Code § 279.8

Approved 9-13-93   Reviewed 1-16-2023   Revised  5-20-2019

 

Code No. 401.11

TRANSPORTING OF STUDENTS BY EMPLOYEES

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

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

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

Legal Reference: 

Iowa Code §§ 285; 321

Approved 9-13-93   Reviewed 1-16-2023     Revised  5-20-2019

 

Code No. 401.12

EMPLOYEE TRAVEL COMPENSATION

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

Travel Outside the School District

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

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

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

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

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed mileage at 0.40 cents per mile rate.  Travel to/from home and work is never a reimbursable travel expense.  Pre-approved expenses for transportation outside of three‑hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at 40 cents per mile.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board’s audit and approval process.

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

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district. 

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

Legal Reference:

Iowa Constitution, Art. III, § 31.

Iowa Code §§ 70A.9-.11

1980 Op. Att'y Gen. 512.

Approved 9-13-93    Reviewed  1-16-2023    Revised  5-20-2019

 

Code No. 401.13

EMPLOYEE ACTIVITY PASSES

Employee passes to school-sponsored activities will be available to each employee and spouse/significant other. It shall be the responsibility of the employee to obtain the school activity pass.

Legal Reference: 

Iowa Code 279.8

Approved 11-8-93    Reviewed  1-15-24      Revised  5-20-2019

Code No. 401.14

RECOGNITION FOR SERVICE OF EMPLOYEES

The board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the administration and staff in a manner fitting to the retiring or resigning employee.

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

Legal Reference: 

Iowa Code § 279.8 

1980 Op. Att'y Gen. 102.

Approved 9-13-93      Reviewed 1-16-2023         Revised  5-20-2019

 

Code No. 401.15

EMPLOYEE POLITICAL ACTIVITY

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

Legal Reference: 

Iowa Code §§ 55; 279.8

Approved 9-13-93   Reviewed 2-20-2023   Revised  5-20-2019

 

Code No. 401.16

CREDIT CARDS

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

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

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

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

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

Legal Reference: 

Iowa Constitution, Art. III, § 31.

Iowa Code §§ 279.8, .29, .30

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

1989 Op. Att'y Gen. 47.

Approved 9-13-93   Reviewed 2-20-2023     Revised   5-20-2019

 

 

Code No. 401.17

EXIT INTERVIEW

Employees discontinuing employment with the school district shall be provided the opportunity for an exit interview.

Approved 12-19-95      Reviewed 2-20-2023     Revised   5-20-2019

Code No. 401.18

Use of Cell Phones and Disgital Devices 

Riverside Community School District understands that we are living in a society in which cell phones and digital devices have become a part of our everyday lives. We also understand that above all, the education of our students is a primary goal. Staff, parents, and students recognize and accept that there is a time and place for the use of electronic devices. It is also believed that the use of cell phones in school is a PRIVILEGE and not a right. Staff reserves the right to limit or control the use of cell phones and digital devices during the school day.

Students may possess cellular phones and portable digital devices on school property, while in school-owned vehicles, and while students are attending or engaged in school-sponsored activities, subject to limitations of this and other policies and regulations of the District.

School Staff Authority

Teachers/Staff are allowed to create systems of management for cell phones that may include turning cell phones into a box, tray, basket, or organizer for the purposes of ensuring that devices are indeed turned off and not in use during class time. Students must obey and respect all rules and procedures of each classroom teacher in regard to cell phone possession in class.

Student Conduct --Students must obey and abide by the following rules and procedures:

• Students are allowed to keep their cell phones/devices once they enter the building
• Students must keep cell phones/devices turned off and inoperable at all times in the classroom, except when permission is granted by the teacher or staff
• Students must honor that the rules of the school, the permission of individual classroom teachers, and the authority of adults will always supersede any need the student may have for their cell phone/device
• Students may only use their cell phone/device in the classroom for educational purposes and only as permitted by the teacher
• Students may listen to music on their cell phone/device as allowed by school staff
• Students may take their cell phones/devices to lunch during their free time
• Students should be respectful and refrain from use cell phones/devices when being served lunch

Policy and Consequences

Students found to have violated this policy shall be subject to disciplinary action in accordance with the Riverside Community School District Discipline Matrix and Handbooks. Staff and administration reserve the right to confiscate or ask for any cell phone/device being used in violation of the student conduct rules.

• Any refusal to turn over a cell phone/device will result in potential consequences in accordance with for both cell phone misuse and insubordination.
• If repeated violations occur, students’ parents/guardians will be called and the device will be asked to be kept at home.
• Any cell phone/device that would be used in violation will result in administrative action to confiscate the phone and require the parent/guardian to retrieve from administration.
• Students found in severe violation of this policy shall be subject to appropriate disciplinary action in accordance with district policy up to and including suspension or expulsion.

Severe Disciplinary Action for Cell Phone/Portable Digital Device Inappropriate Use

Severe violations of this policy involve highly inappropriate activities including, but not limited to:

1. Electronic communication that contains inappropriate content, profanity, intimidation or threats to others;
2. Sexting, which includes intentionally creating, producing, distributing, presenting, transmitting, posting, exchanging, disseminating, or possessing, through any computer or digital media, any photograph or digitized image or any visual depiction of a person in any condition of nudity, or involved in any prohibited sexual act;
3. Academic dishonesty or cheating
4. The use of camera or recording features of cellular phones and portable digital media devices in restrooms, locker rooms or for any use constituting an invasion of any person’s reasonable expectation of privacy;
5. Communicating, in any way with outside groups or individuals to participate in violent acts, or other inappropriate or unlawful activities on school property or at school-sponsored activities
6. Refusal to relinquish phone to persons of authority upon request

Search and Seizure

This policy shall not be interpreted to justify unreasonable searches of cellular phones or other digital media devices by school personnel. Any search of a student’s cellular phone or portable digital media device by school personnel shall be:

1. Justified at its inception and based on reasonable grounds that the search would reveal evidence of a student’s severe violation of this policy;
2. Reasonably related to its objectives and not excessively intrusive in light of the nature of the infraction;
3. Conducted in accordance with district policy and in the presence of a student’s parent or guardian;
4. The Riverside Community School District assumes no responsibility for loss, damage or theft of cellular phones and digital media devices, whether in the possession of students, on school property or if confiscated by school personnel pursuant to this policy.

Emplyoees Use of Cell Phones

Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompianed by a copy of the billing statement with the school district business related calls highlighted.  A notation for each highlighted entry, indicating the nature of the call is required.  The employee's immediate supervisor must sign off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied.

Approved  5-2-11         Reviewed 2-20-2023        Revised 8-20-2018

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees.  

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.  

Approved 8/21/23   Reviewed    Revised 

Code No. 402.1

RELEASE OF CREDIT INFORMATION

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

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

Legal Reference: 

Iowa Code §§ 22.7; 279.8 (2013).

Approved 9-13-93    Reviewed 3-20-2023    Revised   5-20-2019

 

Code No. 402.2

CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties. 
 
When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.  

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.

Legal Reference:

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

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

Approved 9-13-93    Reviewed 3-20-2023       Revised 8-21-2023

 

Code No. 402.2Rl

 CHILD ABUSE REPORTING REGULATION

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

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

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

Child Abuse Defined

"Child abuse" is defined as:

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

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

The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do or when

When offered financial or other reasonable means to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.

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

 Any mental injury to a child’s intellectual or psychological capacities evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional.

An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.

The person responsible for the care of a child has, in the presence of the child, as defined in section 232.2, subsection 6, paragraph “p”, manufactured a dangerous substance, as defined in section 232, subsection 6, paragraph “p”, or in the presence of the child possesses a product containing ephedrine or its salts, optical isomers or its salts, pseudoephedrine or its salts, with the intent to use the product as a precursor or an intermediary to a dangerous substance.

The commission of bestiality in the presence of a minor under section 717C.1 by a person who resides in a home with a child, as a result of the acts of omissions of a person responsible for the care of the child.

Teachers in public schools are not "persons responsible for the care of the child" under this definition.

Reporting Procedures

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

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

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

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

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

·         description of injuries, including evidence of previous injuries;

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

·         any other information considered helpful; and,

·         name and address of the person making the report.

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

Approved 9-13-93     Reviewed 3-20-2023    Revised   5-20-2019

 

Code No. 402.3

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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

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

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

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

Legal Reference: 

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

281 I.A.C. Chapter 102, 103.

441 I.A.C. 155, 175.

1980 Op. Att'y Gen. 275.

Approved 9-13-93  Reviewed 3-10-2023    Revised  5-20-2019

Code No. 402.3El

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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 (circle):       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? (circle)     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.

Approved  5-20-2019     Reviewed 3-20-2022

Code No. 4O2.3E2

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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: ______________ physical _____ sexual _____

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 administrative or other 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:

_____Closed. 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 (please print) _________________________________________                                          

Investigator's place of employment  _________________________________________                                 

Signature of investigator ___________________________________________________                                                         

 Date  _______________________________________________________________________

Approved   5-20-2019     Reviewed 3-20-2023

Code No. 4O2.3Rl

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REGULATION

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

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

Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report 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 shall pass the report to the investigator and will keep the report confidential to the maximum extent possible. In performing the investigation, the investigator will have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.

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

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

§  temporarily remove the student from contact with the employee;

§  temporarily remove the employee from service; or,

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

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

Physical Abuse Allegations

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

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

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

The written investigative report shall include:

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

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

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

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

5.  A general review of the investigation.

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

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

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

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

7.  The disposition or current status of the investigation.

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

Contacting law enforcement officials.

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

Filing a complaint with the Board of Educational Examiners if the employee is a licensed employee.

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

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

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

Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence.

The following do not constitute physical abuse, and no employee is prohibited from:

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

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

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

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

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

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

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

7.  To protect the safety of others.

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

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

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

b.  The size and physical condition of the student.

c.  The instrumentality used in making the physical contact.

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

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

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

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

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

Sexual Abuse

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.  A general review of the investigation.

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

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

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

founded. (It is likely that an incident took place.)

8.  The disposition or current status of the investigation.

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

Contacting law enforcement officials.

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

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

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

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

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

Level I investigator shall also arrange for counseling services for the student if the student or student's parents request counseling services.

In cases involving founded physical or sexual abuse by a licensed employee, the board shall notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II will not be kept in the employee's personnel file.

If the Level I investigative report is founded but Level II is unfounded, then the Level I report shall be removed from the employee's permanent file. Notes, tapes memorandums and related materials compiled in the investigations must be kept for two years.

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

Approved 9-13-93      Reviewed 3-20-2023      Revised   5-20-2019

Code No. 402.4

GIFTS TO EMPLOYEES

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

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

• Is seeking to be, or is a party to, anyone or any combination of sales, purchases, leases or contracts to, from or with the school district;
• Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way  that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
• Is a lobbyist or a client of a lobbyist with respect to matters within .the school district's jurisdiction.

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

• Contributions to a candidate or a candidate's committee;
• Information material relevant to an employee's official function, such
• as books, pamphlets, reports, documents, periodicals or other
• information that is recorded in a written, audio or visual format;
• Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
• An inheritance;
• Anything available or distributed to the general public free of charge without regard to the official status of the employee;
• Items received from a charitable, professional, educational or business organization to which the employee belongs  as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not  inconsequential when compared to the items received;
• Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary items with a value of less than three dollars that are received from anyone donor during one calendar day;

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

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

Funeral flowers or memorials to a church or nonprofit organization;

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

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

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

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

• An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does. not include any of the following:
  • Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
  • A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

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

.Legal References:

Iowa Code ch. 68B 

Iowa Code Supp. ch. 68B (1993).

1972 Op. Att'y Gen. 276.

1970 Op. Att'y Gen. 319.

Approved                Reviewed 3-20-2023           Revised 5-20-2019

Code No. 402.5

PUBLIC COMPLAINTS ABOUT EMPLOYEES

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

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

1. Matters should first be addressed to the teacher or employee.
2. Unsettled matters from (1) above or problems and questions about individual attendance centers should be addressed to the employee's building principal for licensed employees and the superintendent for support employees.
3. Unsettled matters regarding licensed employees from (2) above or problems and questions concerning the school district should be directed to the superintendent.
4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.

To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy.

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

Legal Reference: 

Iowa Code § 279.8

Approved 9-13-93     Reviewed 8-21-2023      Revised 5-20-2019

Code No. 402.6

EMPLOYEE RELATIONS TO THE PUBLIC

Members of the school district community will be treated with respect by employees. The board encourages active participation by employees in community activities and events.

It will be the responsibility of employees as they participate in various community groups and events, to make a conscientious effort to make the school district and its events a real part of the community. Employees will take advantage of their participation in the community to look for opportunities in which the community and school district can join forces for the betterment of the school district and the community.

Legal Reference: 

Iowa Code § 279.8

Approved 9-13-93         Reviewed 4-17-2023       Revised   5-20-2019

 

Code No. 402.7

EMPLOYEE OUTSIDE EMPLOYMENT

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

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

Legal Reference: 

Iowa Code §§ 20.7; 279.8

Approved 9-13-93     Reviewed 4-17-2023       Revised   5-20-2019

 

 

Code No. 402.8

EMPLOYEE TELEPHONE CALLS

The board recognizes the need of its employees to receive and make telephone calls during working hours. Telephone calls related to education program business shall be made in the administrative office and will be paid by the school district.

Employees may receive and make personal telephone calls during lunches, breaks, or preparation periods. Employees may receive an emergency telephone call at any time.

The telephone in the administrative office is available for personal telephone calls. This telephone may only be used for local personal telephone calls; all other calls must be paid for by the employee.

It will be the responsibility of the employee to exercise discretion in making and receiving telephone calls during working hours. It will be the responsibility of the building secretary to keep a log of personal long distance calls and the amount to be paid by the employee.

Legal Reference: 

Iowa Code §§ 20.9; 279.8 

Approved 9-13-93       Reviewed 4-17-2023      Revised   5-20-2019

Code No. 402.9

SOLICITATIONS FROM OUTSIDE

Generally, employees should be free from solicitations at their place of employment. No organization or individuals, including employees, may solicit or distribute flyers or other materials within school district facilities or on school district grounds without the approval of the superintendent.

No employee will be made responsible, or assume responsibility, for the collection of money or the distribution of fund drive literature within the school district unless such activity is voluntary and has been approved by the superintendent.

Legal Reference: 

Iowa Code § 279.8

Approved 9-13-93        Reviewed 4-17-2023     Revised   5-20-2019

 

Code No. 403.1

EMPLOYEE PHYSICAL EXAMINATIONS

The Riverside Community School District beleives good health is important to job performance.  School bus drivers shall present evidence of good health upon intial hire and evey other year in the form of a physical examination report annually in the form of a physical examiniation report, unless otherwise required by law or medical opinion. All other employees will present evidence of good health, in the form of a post-offer, pre-employment physical exam if requersted.

The cost of the inital examination will be paid by the employee. The form indicating the employee is able to perform the duties, with or without reasonable accomodations, for which the employee was hired, must be returned prior to performance of duties.  The cost of bus driver renewal physicals will be paid by the school district up to a maximum of $60. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers.

Employees whose phyiscal or mental health, in judgment of the administration, may be in doubt will submit to addtioanl examiniations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its emplyees in accordance with law.  Iowa law no longer requires physical examination of all employees.

Legal Reference: 

29 C.F.R. & 1910.1030

49 C.F.R. && 391.41-391.49

Iowa Code 20; 279.8;321.376

281 I.A.C. 43.15; 43.17

Approved 8-21-06  Reviewed 5-15-2023      Revised 6-17-2019

HEPATITIS B VACCINE INFORMATION AND RECORD

The Disease

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

The Vaccine

The HBV vaccine is produced from yeast cells. It has been extensively tested for safety and effectiveness in large scale clinical trials. Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus. The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses. There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

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

Possible Vaccine Side Effects

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

Approved 8-21-2023        Reviewed              Revised  

Code No. 4O3.1R1

UNIVERSAL PRECAUTIONS REGULATION

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

Hand Washing

Proper hand washing is crucial to preventing the spread of infection.

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

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

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

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

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

Barriers

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

Disposal of Waste

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

 Clean-up

Spills of blood and OPIM should be cleaned up immediately.

·         Wear gloves.

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

·         Use a solution of one part household bleach to one hundred parts of water (1:100), or other EPA approved disinfectant. Wash the area well.

·         Dispose of gloves, soiled towels and other waste in a plastic bag. Clean and disinfect reusable supplies and equipment.

Laundry

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

Exposure

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

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

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

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

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

Approved 9-13-93        Reviewed 5-15-2023             Revised  6-17-2019

Code No. 403.2

EMPLOYEE INJURY ON THE JOB

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 hours of the occurrence. It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the Business Manager to file workers' compensation claims.

Legal Reference: 

Iowa Code § 85; 279.40; 613.17 (2013)

1972 Op. Att'y Gen. 177.

Approved 9-13-93        Reviewed 5-15-2023       Revised  6-17-2019

Code No. 403.3

COMMUNICABLE DISEASES –EMPLOYEES

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or 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, method of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazard to employees and record keeping. This plan shall be reviewed annually by the superintendent and school nurse.

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

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.

Legal Reference: 

29 U.S.C. § 794; 1910

42 U.S.C. §§ 12101 etseq. 

45 C.F.R. Pt. 84.3 

Iowa Code § 139(a); 141(a)

641 I.A.C. 1.2, .7

Approved          Reviewed 5-15-2023      Revised  6-17-2019

Code No. 4O3.3R1

UNIVERSAL PRECAUTIONS

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

Hand Washing

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

• Hands should be washed before physical contact with individuals and after contact is completed.
• Hands should be washed after contact with any used equipment.
• If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
• Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

Barriers

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

Disposal of Waster

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

Clean up

• Spills of blood and OPIM should be cleaned up immediately.  The employee should:
• Wear gloves.
• Clean up the spill with paper towels or other absorbent material.
• Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
• Dispose of gloves, soiled towels and other waste in a plastic bag.
• Clean and disinfect reusable supplies and equipment.

Laundry

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

Exposure

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

• Always wash the exposed area immediately with soap and water.
• If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
• If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

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

Approved 5-2-11         Reviewed 5-15-2023           Revised  7-17-23

Code No.: 403.3R2

COMMUNICABLE DISEASES SPECIFIC GUIDELINES AND COMMENTS

The following guidelines are recommended, in addition to the other administrative regulations and procedures for communicable disease, to handle AIDS in the school district. Current epidemiological data reveals that AIDS and its related viral infection is transmitted by close, intimate sexual contact and/or by blood. This virus is not spread by casual contact that a student or school district employee is expected to have in the school environment, and to date there is no recorded transmission of AIDS or the viral infection to a family member of an AIDS patient unless there is direct sexual or blood contact. Casual transmission from one person to another by sitting near each other, living in the same household, or playing together has not been documented.

Approved 9-13-93        Reviewed 5-15-2023         Revised  6-17-2019

Code No.: 4O3.3R3

COMMUNICABLE DISEASES GUIDELINES FOR PREVENTING THE SPREAD OF INFECTIOUS DISEASE

A.  Transmission of infectious diseases may occur more readily where close personal contact is involved in student care. Preschool and kindergarten settings, as well as special facilities for special education students, need special attention for the prevention of infectious diseases.

B.  Preventing the spread of infection requires that personal and environmental cleanliness techniques be practiced at all times in every school setting.

C.  Prior to the enrollment or continued attendance in the regular or special classroom of an infected student, the school nurse or principal's designee shall develop specific procedures appropriate to the student's age and the stage of development for the specific disease. The school nurse or principal's designee should carry out the following procedures:

1.  Conduct a health and developmental assessment, including a review of the student's medical records. Collaborate with parents and physician to ensure that the records are complete.

2.  Attempt to identify students and employees who may be at risk, such as those who are chronically ill, pregnant or taking immunosuppressant medication, if the information is available.

3.  Identify appropriate personal and environmental cleanliness techniques in accordance with student and employee needs.

4.  If the regular education program cannot be modified and the student is identified as an individual with special education needs, write appropriate health objectives for the student's Individualized Educational Program (IEP).

5.  Orient and train employees, including custodians, support employees and bus drivers. Orientation and training must be ongoing and must be scheduled to include new employees.

6.  Maintain ongoing communication with parents and the primary physician regarding the student' status.

7.  Verify the school district's efforts to prevent the spread of infection and to protect the health of employees and students by documenting the training and supervision of employees.

Approved 9-13-93        Reviewed 5-15-2023        Revised  6-17-2019

Code No.: 403.3R4

COMMUNICABLE DISEASES GUIDELINES FOR MAINTAINING A SAFE, HEALTHFUL SCHOOL ENVIRONMENT

These guidelines and procedures should be followed regardless of the presence or absence of a student or employee known to have an infectious disease.

A.  All facilities should make provisions for personal and environmental cleanliness.

1. Allow sufficient time for hand washing after using the toilet and before eating meals and snacks.
2. Provide ready access to hand washing facilities. These should include hot and cold running water and liquid soap in a workable dispenser.
3. Provide disposable paper towels. The use of cloth towels is discouraged; however, if cloth towels are used, discard them with other contaminated linens after each use.
4. Maintain storage areas for linens, utensils, equipment, and disposable items. These areas must be separate from areas used for storage of soiled items.
5. Keep soiled disposable items in covered waste receptacles lined with disposable plastic bags. At the end of each day, the plastic bags are to be sealed and discarded. DO NOT REUSE.

B.  Hand washing is the most important technique for preventing the spread of disease and should be done frequently. Proper hand washing requires the use of soap and water and vigorous washing under a stream of running water for at least 10 seconds. Rinse under running water. Use paper towels to thoroughly dry hands.

1. Before drinking, eating or smoking.
2. Before handling clean utensils or equipment.
3. Before and after handling food.
4. Before and after assisting or training a student in toileting and feeding.
5. After going to the bathroom.
6. After contact with body secretions, such as blood (including menstrual flow), urine, feces, mucus, saliva, semen, tears, drainage from wounds, etc.
7. After handling soiled diapers, menstrual pads, garments, or equipment.
8. After caring for any student, especially those with nose, mouth, eye, ear or other body secretions.
9. After removing disposable gloves.

C.  All employees should practice specific hygienic principles designed to protect themselves and others from infection.

1. Maintain optimum health through effective daily health practices such as adequate nutrition, rest, exercise, and appropriate medical supervision.
2. If an employee has a cut or an open lesion on his/her hands, disposable gloves should be worn when providing direct care for any student where there is contact with bodily excretion or secretions.
3. Avoid rubbing or touching eyes.
4. Refrain from kissing or being kissed by students.
5. Wash hands frequently.
6. Avoid the use of jewelry such as rings, dangling bracelets and earrings during working hours.
7. Use one's own personal care items such as combs, fingernail files, nail clippers, lipsticks, and toothbrushes.

Approved 9-13-93       Reviewed 5-15-2023        Revised  6-17-2019

 

Code No.: 4O3.3R5

COMMUNICABLE DISEASES GUIDELINES FOR MAINTAINING A CLEAN SCHOOL ENVIRONMENT

These guidelines and procedures should be followed regardless of the presence or absence of a student or employee known to have an infectious disease.

A.  Clean the following areas and items daily:

1. Classrooms, bathrooms, and kitchen
2. Floors
3. Sink and faucet handles
4. Soap dispenser spigots and/or bar soap containers
5. Walls behind sinks
6. Toilets

B.  Vacuum carpets daily. If a rug or carpet is soiled, it should be disinfected immediately.

C.  Clean waste receptacles at least weekly.

D.  If heavy nondisposable gloves are worn when a disinfectant is being used, they must be washed and air-dried after each use. They must be stored in the room reserved for soiled articles.

E.  Techniques for Handling Food and Utensils.

1. Maintain a clean area of the kitchen for serving food.
2. Maintain a separate area of the kitchen for clean-up.
3. All leftover food, dishes, and utensils should be treated as if they were contaminated.
4. Scrape food from soiled dishes and/or place disposable dishes in plastic-lined, covered waste receptacle.
5. Pour liquids into sink drain.
6. Rinse dishes and utensils with warm water before placing them in the dishwasher.
7. Clean sinks, counter tops, tables, chairs, trays, and any other areas where foods or liquids have been discarded or spilled: use approved disinfectant. (See Selecting an Appropriate Disinfectant).
8. Wash hands prior to removing clean dishes from the dishwasher and storing them in a "clean" area of the kitchen.

Approved 9-13-93              Reviewed  5-15-2023           Revised  6-17-2019

Code No.: 4O3.3R6

COMMUNICABLE DISEASES SPECIAL PROCEDURES FOR EARLY CHILDHOOD AND SPECIAL CLASSROOM SETTINGS

These procedures should be used for all students regardless of their infectious disease status.

A.  Guidelines for Diapering

1. Purpose: To avoid cross-contamination when diapering.
2. Equipment:
3. Changing table, student's own bed, cot, mat, or safe, firm, nonporous surface (clean and sanitized).
4. Readily accessible hand-washing facility, including hot and cold running water, liquid soap in workable dispenser and disposable paper towels.
5. Supplies for cleaning student's skin: disposable baby wipes, soap, water and cotton balls or soft tissue.
6. Plastic bags for student's soiled clothing.
7. Covered waste receptacle inaccessible to students lined with a disposable plastic bag for disposable diapers.
8. The use of cloth diapers is discouraged. However, if cloth diapers are used, a covered receptacle lined with a disposable plastic bag should be used for each student. Soiled cloth diapers should be stored in an area inaccessible to the students. 
9. Plastic bag ties or masking tape for sealing disposable plastic bags at time of discard.
10. Disposable plastic gloves (medium or large size, nonsterile) for use with cloth diapers.
11. Disinfectant for cleaning changing surface (See Selecting an Appropriate Disinfectant).

3.  Procedure:

1. Wash hands.
2. Place student on clean changing surface.
3. Remove soiled diaper and place in appropriate receptacle.
4. If other clothing is soiled, remove, rinse and place it directly in a plastic bag that can be marked with student's name, secured and sent home at the end of the day.
5. Cleanse the perineum and buttocks thoroughly with disposable baby wipes or soap and water.
6. Rinse well and dry skin prior to applying clean diaper.
7. After rinsing, place the cloth diaper in the appropriate receptacle.
8. Remove gloves and discard them in the appropriate receptacle.
9. Wash student's hands.
10. Wash hands.
11. Return student to class activity.
12. Report abnormal conditions to the appropriate supervisory employee or school nurse.
13. Use disinfectant to clean changing area and other contaminated surfaces (See section on Selecting an Appropriate Disinfectant).

B.  Guidelines for Classroom Cleanliness

Purpose: To prevent the transmission of infectious disease.

Equipment:

• Covered waste receptacles with disposable plastic bags.
• Plastic bags that can be labeled and sealed for individual's soiled laundry.
• Disposable plastic gloves (medium or large size, nonsterile) if needed.
• Disinfectant (See section on Selecting an Appropriate Disinfectant).
• Hand-washing facility, including hot and cold running water, liquid soap and .workable dispenser and disposable paper towels.
• Washer and dryer if disposable linens are not available.
• Dishwasher (if disposable eating utensils are not available).

3.  Procedure:

Wash hands.

If a lab coat or smock is worn:

1. Use a clean garment each day.
2. Always hang the garment right side out when leaving the work area for breaks or lunch.
3. If there are open cuts, abrasions, or weeping lesions on hands, wear disposable plastic gloves.
4. Use a new pair of gloves in each situation in which hand washing is indicated.
5. Discard used gloves in plastic bag in covered waste receptacle.
6. Store and handle clean clothing and linens separately from soiled clothing and linens.
7. Immediately place each student's soiled clothing and linens in an individually labeled plastic bag, an individually labeled plastic bag, which is to be sealed and sent home at the end of the day.
8. Immediately place all soiled school linens in a plastic bag in a covered waste receptacle. Launder linens daily.

C.  Techniques for Storing, Cleaning, and Disposing of Classroom Equipment, Supplies and Other Items

1. Immediately after use, discard any soiled disposable items by placing them in a plastic bag in a covered waste receptacle.
2. Store each student's personal grooming items (combs, brushes, toothbrushes) separately.
3. In handling disposable diapers, at least once a day, seal and discard the disposable plastic bag used to line the covered receptacle.
4. When laundry facilities are available at school, launder diapers, sheets or other cloth items daily.
5. Launder diapers or other items soaked with body fluids separately.
6. Presoak heavily soiled items.
7. Follow the manufacturer's directions on the label to determine the amount of detergent to be added.
8. If the material is bleachable, add 1/2 cup of household bleach to the wash cycle.
9.  If the material is not colorfast, add 1/2 cup nonclorox bleach(e.g., Chlorax II, Borateam, etc.) to wash cycle.
10. fUse hot cycle o~ washer and dryer.
11. Seal and discard the soiled plastic bag used to line the covered waste receptacle at least once a day.
12. Establish a routine cleaning and disinfecting schedule.
13. Clean protective floor pads, bolsters, wedges, and so forth after each nonambulatory student has been
14. Removed at the end of each day.
15. Wash all toys with soap and water and rinse thoroughly as needed and at the end of each day.
16. Clean all equipment at the end of each day.
17. If a rug or carpet becomes soiled, clean it immediately (as described in Procedures for Cleaning Up Body Fluid Spills, C).
18. Clean changing surface, bathtubs, sinks, portable potties, and toilet seats after each use. Rinse with clear water and wipe dry.

Approved 9-13-93        Reviewed 5-15-2023        Revised  6-17-2019

 

Code No.: 403.3R7

COMMUNICABLE DISEASES SELECTING AN APPROPRIATE DISINFECTANT

A.  Any liquid or bar soap is acceptable for routine hand washing.

B.  Select and stock a sanitary absorbent agent for cleaning body fluid spills.

C.  Select an intermediate-level disinfectant which will kill vegetative bacteria, fungi, tubercle bacillus and virus. Aerosol sprays are not recommended because of possible inhalant problems and flammability.

1.  Select an agent that is registered by the U.S. Environmental Protection Agency (EPA) for use as a disinfectant in schools.

2.  Select an agent that belongs to one of the following classes of disinfectants:

a.  Ethyl or isopropyl alcohol (70-90 percent).

b.  Quaternary ammonium germicidal detergent solution (2 percent aqueous solution).

c.  Iodophor germicidal detergent (500 ppm available iodine).

d.  Phenolic germicidal detergent solution (I percent aqueous solution).

e.  Sodium hypochlorite (1:10 dilution of household bleach). This solution must be made fresh daily.

3.  Use all products according to the manufacturer's instructions.

4.  Store all disinfectants in a safe area inaccessible to students.

Approved 9-13-93        Reviewed 5-15-2023       Revised  6-17-2019

Code No.: 4O3.3R8

COMMUNICABLE DISEASES SPECIAL PROCEDURES FOR SCIENCE CLASSES

A.  Sanitation Aspects of Microscope Slides Used in Blood Typing in Science Courses

1.  All slides, after use, are to be discarded into a container that is of a material strong enough to withstand puncture.

2.  Any swabs, needles, toothpicks, or stylets must be discarded immediately after use into a container that is of a material strong enough to withstand puncture. The items used in the unit involving blood materials should not be laid on the desk or table but always placed in the discard container immediately. This container should be placed in a plastic bag, tied, and discarded at the close of the class period.

3.  Students and employees should wash their hands under running water with soap after working with any body fluid.

4.  Lab tables should be washed with clorox solution (one part clorox to ten parts water) after experiment is completed. Clorox solutions should always be made fresh daily.

5.  Students must always work with their own blood exclusively to avoid contamination by any transmissible agents that might be present in someone else's blood. If bleeding persists after the finger is punctured, student must apply a sterile bandage using moderate pressure.

B.  Sanitation Aspects of Saliva Testing in Science Courses

1.  Students should carefully rinse the test tube into which students expectorate. The test tube should then be placed in a plastic dishpan of soapy water and clorox solution (one tablespoon clorox to one gallon soapy water).

2.  At the close of the class period the teacher will need to wash and disinfect the test tubes. The teacher should wear gloves to do this. The soaking test tubes should be rinsed. A new solution of soapy water and clorox should be made (one tablespoon clorox to one gallon soapy water). Test tubes should be washed, rinsed, then rinsed in a clorox solution. (one tablespoon clorox to one gallon water) and allowed to dry.

3.  Students and employees should wash their hands under running water with soap after working with any body fluid.

4.  Lab tables should be washed with clorox solution (one part clorox to ten parts water) after experiment is completed. Clorox solutions should always be made fresh daily.

5.  Students must always work with their own saliva exclusively.

Approved 9-13-93        Reviewed 5-15-2023        Revised  6-17-2019

Code No. 403.4

HAZARDOUS CHEMICAL DISCLOSURE

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

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

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

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

Legal Reference: 

29 C.F.R. Pt. 1910;1200 etseq.

Iowa Code Chap. 88; 89B

Approved 9-13-93   Reviewed 5-15-2023  Revised  6-17-2019

Code No. 403.5

SMOKING AND NONSMOKING EMPLOYEE WORK AREAS

School district buildings and vehicles shall be off limits for smoking and use of other tobacco products. Employees who violate this policy may be subject to disciplinary action. It shall be the responsibility of the employees to enforce this policy.

ACKNOWLEDGEMENT FORM

I, ______________________________________ have received a copy of this policy.

________________________________________    __________________________

Signature                                            Date

Legal Reference: 

Iowa Code §§ 142B;

279.9; 297 (2009).

Approved 9-13-93   Reviewed 11-21-16        Revised  6-17-2019

Code No. 403.6

EMPLOYEE WELLNESS PROGRAM

The board recognizes the contribution of good health to the performance and well-being of the employee and the school district. The board supports and encourages a wellness program.

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop, oversee, and maintain a wellness program.

Legal Reference:

Iowa Code § 279.8 (2013).

Approved 09-13-93       Reviewed 11-21-16        Revised   6-17-2019

Code No. 403.7

HARASSMENT

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

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

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

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
• submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

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

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

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

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

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

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

It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

Legal Reference: 

Meritor Savings Bank v. Vinson,

477 U.S. 57 (1986).

Hall v. Gus Const. Co.,

842 F.2d 1010 (8th Cir. 1988).

Lvnch v. Citv of Des Moines,

454 N.W.2d 827 (Iowa 1990).

42 U.S.C. §§ 2000e etseq. (1988).

29 C.F.R. Pt. 1604.11. (1990).

Iowa Code ch. 216 (1993).

Approved 2-19-07        Reviewed 11-21-16       Revised

Code No. 403.7El

HARASSMENT COMPLAINT FORM

Name of complainant: ________________________________________________________

Position of complainant: ____________________________________________________  

Date of complaint: __________________________________________________________

Name of alleged harasser: ___________________________________________________

Date and place of incident or incidents:_____________________________________

Name of witnesses (if any):__________________________________________________

Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible): 

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Any other information:_______________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

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

Signature: __________________________________________________________________

Date:________________________________________________________________________

 

 

 

Code No. 403.7E2

WITNESS DISCLOSURE FORM

Name of witness: ____________________________________________________________  

Position of witness: ________________________________________________________

Date of testimony, interview: _______________________________________________

Description of instance witnessed: __________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Any other information: ______________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

 

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

Signature: __________________________________________________________________

Date: _______________________________________________________________________

Code No. 403.7Rl

HARASSMENT INVESTIGATION PROCEDURES

Harassment of employees and students will not be tolerated in the school district. School district includes school district facilities, school

district premises, and non-school property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

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

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

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

• submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

 

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

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

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

INVESTIGATION PROCEDURE

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

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

RESOLUTION OF THE COMPLAINT

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

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

POINTS TO REMEMBER IN THE INVESTIGATION

• Evidence uncovered in the investigation is confidential.
• Complaints must be taken seriously and investigated.
• No retaliation will be taken against individuals involved in the investigation process.
• Retaliators will be disciplined up to and including discharge.

CONFLICTS

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

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

Approved 9-13-93 Reviewed  11-21-16 Revised

 

 

Code No. 403.8

SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free. No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law. "Workplace" includes school district facilities, school district premises or school district vehicles. Workplace also includes 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 convicted of a violation of any criminal drug offense committed in the workplace, the employee shall notify the employee's supervisor of the conviction within five days of the conviction.

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

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

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

Legal Reference: 

41 U.S.C. §§ 81 (2012).

42 U.S.C. §§ 12101 etseq. (2012).

34 C.F.R. Pt. 85 (2012).

Iowa Code §§ 123.46; 124, 279.8 (2013)

Approved 9-13-93  Reviewed 11-21-16 Revised   6-17-2019

Code No. 403.8El

SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, 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 204.

"Workplace" is defined as the site for the performance of work done in the capacity as a employee. This includes school district facilities, other school premises or school district vehicles. Workplace also includes 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.

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy. If the employee fails to successfully participate in such a program the employee shall be subject to discipline up to and including termination.

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

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I, ___________________________________ , have received a copy of this policy.

_________________________________

(Signature of Employee)

____________________________________

 (Date)

 

 

 

Code No. 403.8Rl

SUBSTANCE-FREE WORKPLACE REGULATION

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

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

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

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

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

Approved 9-13-93        Reviewed 11-21-16         Revised   6-17-2019

Code No. 403.9

EMPLOYEE ASSISTANCE PROGRAM

The school district will provide an employee assistance program (EAP) to its employees and immediate family for confidential assistance with off-the-job problems to help prevent them from becoming on-the-job performance or disciplinary problems.

This service is designed to provide short-term counseling or referral for treatment for such problems as family or marriage, financial, physical/emotional health, drug/alcohol, stress, legal, relationship, crisis intervention, grief and loss, and other concerns.

Employees may choose to use EAP services voluntarily prior to job performance problems or employees may be referred to EAP by a supervisor because of a job performance problem.

Confidentiality will be maintained and EAP staff will not release information to supervisors or school district management for any reason except for emergency safety, legal, or health reasons.

When a supervisor makes a mandatory referral of an employee to EAP as a result of performance problems, the supervisor will inform the superintendent who will receive updates of compliance by the employee with the EAP recommendations. No EAP reports will become part of the employee I s personnel file.

Under no circumstances will the school district be required to have employees obtain EAP counseling before the school district can take actions affecting an employee's terms and conditions of employment.

Approved 8-21-95        Reviewed 11-21-16             Revised   6-17-2019

Code No. 403.10

DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, [superintendent/transportation director/other] at (building address).

Employees who violate the terms of this policy are subject to discipline, up to and, including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

IASB Drug and Alcohol Testing Program (IDATP) Web site: 

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx.

Legal Reference: 

American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).

49 U.S.C. §§ 5331 et seq.

42 U.S.C. §§ 12101

41 U.S.C. §§ 81

49 C.F.R. Pt. 40; 382; 391

34 C.F.R. Pt. 85 

Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB  No. 3876

Iowa Code §§ 124; 279.8; 321.375(2); 730.5 

 

Approved 1-15-07 Reviewed 11-21-16       Revised   7-17-23

Code No. 403. 10El

DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

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

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation are subject to drug and alcohol testing. A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more. For purposes of the drug and alcohol testing program, "employees" include applicants who have been offered a position to operate a school vehicle. Employees that will operate a school-owned commercial motor vehicle are subject to the drug and alcohol testing program regulations beginning the first day they are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements. Employees with questions regarding the drug and alcohol testing requirements shall contact the school district 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 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 administrative regulations or the law.

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.  As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

Revised 7-17-23

Code No. 4O3.10R2

DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

Air blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non alcohol.

Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

Alcohol concentration (or content) -the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidentiary breath test under the law.

Alcohol use - the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.

BAC - breath alcohol concentration.

Breath Alcohol Technician (BAT) - an individual who instructs and assists drivers in the alcohol testing process and operates an evidentiary breath testing device.

Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory .In alcohol testing it is a test that is deemed to be invalid under the law. A canceled test drug or alcohol test is neither a positive nor a negative test.

Chain of Custody - procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory.

Collection site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.

Confirmation test - for alcohol testing it is a second test following a screening test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of alcohol concentration. For drug testing it is a second analytical procedure (GC/MS) to identify the presence of a specific drug or metabolite, which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

Controlled substances/Drugs - marijuana, cocaine. opiates. amphetamines and phencyclidine.

Driver - any person who operates a school vehicle. This includes. but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district. For the purposes of pre-employment/pre-duty testing only. the term "driver" includes applicants for drivers of school vehicles positions.

Initial test (or screening test) - in drug testing it is an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing it is an analytic procedure to determine whether a

driver may have a prohibited concentration of alcohol in a breath specimen.

Medical review officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with the driver's medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing - testing of a driver after an accident without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.

Performing a safety-sensitive function - a driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

NOTE: Alcohol tests may only be administered just before, during or just after the performance of a safety-sensitive function. At this time the U.S. Department of Transportation is interpreting this language to mean thirty minutes before or thirty minutes after the performance of a safety-sensitive function.

Random Selection Process - when drug tests are unannounced and every driver has an equal chance of being selected for testing.

Reasonable suspicion - when the school district believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.

Refusal to test - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the law, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the law, or (3) engages in conduct that clearly obstructs the testing process. A refusal to test is treated as a positive drug test result or an alcohol test result of 0.04 breath alcohol concentration or greater.

Safety-sensitive function - all time from the time when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

NOTE: Alcohol tests may only be administered just before, during or just after the performance of a safety-sensitive function. At this time tile U.S. Department of Transportation is interpreting this language to mean thirty minutes before or thirty minutes after the performance of a safety-sensitive function.

School vehicle - a vehicle owned, leased, and/or operated at the direction or with tile consent of the school district which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand one pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.

Split specimen/split sample - the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in second specimen bottle (the split sample).

Substance abuse professional (SAP) - a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substances-related disorders.

Revised  7-17-23

 

 

 

 

Code No. 4O3.l0E2

DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, _______________________________________have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Riverside Community School District and it supporting documents.

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.

I also understand that I must inform my supervisor of any prescription medication I use.

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need t 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

 

Revised  7-17-23

Code No. 4O3.l0E2

DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, _______________________________________have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Riverside Community School District and it supporting documents.

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.

I also understand that I must inform my supervisor of any prescription medication I use.

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need t 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

 

Revised 7-17-23

Code No. 4O3.10E3

CONSENT FOR RELEASE OF INFORMATION

Name (print):________________________________________________________________

Social Security Number:______________________________________________________

The following records should be on file prior to, and must be no later than 14 days of, your performing a safety-sensitive function for the school district. Without these records from your prior employers you will be unable to perform a safety-sensitive function for the school district and will no longer be employed by the school district at the expiration of the 14-day period.

I authorize release of the following records related to my participation in a U.S. DOT approved and/or other drug and alcohol testing program for the prior two years:

1.  Alcohol test results of 0. 04 breath alcohol concentration or greater;

2.  Positive drug test results;

3.  Refusals to be tested for drugs or alcohol;

4.  Substance abuse evaluations;

5.  Recommended treatment by a substance abuse professional;

6.  Completion of treatment recommended by a substance abuse professional; and

7.  Other information related to violations of U. S .DOT drug and alcohol regulations.

Signature:___________________________________________________________________

Date:________________________________________________________________________

RECORDS TO BE RELEASED FROM:

Company Name: _______________________________________________________________

Address: ____________________________________________________________________

Telephone/other: ____________________________________________________________

RECORDS TO BE RELEASED TO:

School District Contact Person: Vicki Palmer

Address: Riverside Community School District, P .0. Box 218, Carson, IA 51525

Requested information enclosed

I certify, to the best of my knowledge, the company named above has a U .S. DOT drug and alcohol testing program conforming to U.S. DOT requirements in place and the above named individual participated in such program from (date) to (date) and, within the two years preceding this request, had no alcohol test results of 0. 04 breath alcohol concentration or greater, no positive drug test results, no refusals to be tested for drugs or alcohol, no substance abuse professional evaluations, no recommended treatment for substance abuse, or other violations related to the U.S. DOT drug and alcohol regulations.

Name ________________________________________________________________________

Signature ___________________________________________________________________

Title _______________________________________________________________________

Date ________________________________________________________________________

 

Revised  7-17-23

Code No. 403.10E4

DRUG/ALCOHOL TEST NOTIFICATION FORM

Date: _______________________________________________________________________

Name (print): _______________________________________________________________

Social Security Number: _____________________________________________________

The above named employee is to have the following test done:

Drug __________  Alcohol  __________  Both Drug and Alcohol ____________

Type of Test: _______________________________________________________________

Time Sent by District: ______________________________________________________

School District Contact Person, Vicki Palmer, 712-484-2291

Time Arrived at Collection Site: ____________________________________________

Collection Site Person: _____________________________________________________

Time Test Was Completed:_____________________________________________________             _____________________________________________________________________________

Collection Site Person: _____________________________________________________

I understand I am to go directly to the collection site located at:

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Employee's Signature: _______________________________________________________  

Date: _______________________________________________________________________

 

Revised  7-17-23

Code No. 4O3.10E5

CERTIFICATION OF PREVIOUS EMPLOYERS REQUIRING A COMMERCIAL DRIVER’S LICENSE

Name: _______________________________________________________________________

Social Security Number: _____________________________________________________

I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver's license (CDL) during the term of my employment.

Company  ____________________________________________________________________

Address  ____________________________________________________________________

City/State/Zip ______________________________________________________________

Company _____________________________________________________________________

Address _____________________________________________________________________

City/State/Zip ______________________________________________________________

Company  ____________________________________________________________________

Address _____________________________________________________________________

City/State/Zip  _____________________________________________________________

Company _____________________________________________________________________

Address _____________________________________________________________________

City/State/Zip ______________________________________________________________

Company  ____________________________________________________________________

Address  ____________________________________________________________________

City/State/Zip  _____________________________________________________________

Signature: __________________________________________________________________

Date: _______________________________________________________________________

Revised:  7-17-23

Code No. 4O3.10E6

DRUG AND ALCOHOL REASONABLE SUSPICION OBSERVATION

Employee's Name:  ____________________________________

Date of Observation: _________________

Time of Observation:  From __________ a.m./p.m. to __________ a.m./p.m.

Location: _____________________________________________________________________________

Observed personal behavior: (check all appropriate items)

Speech: Normal_____ Incoherent_____ Confused_____ Slurred _____ Whispering_____ Silent_____

Balance: Normal_____ Swaying_____ Staggering_____ Falling_____

Walking and Turning: Normal_____ Stumbling_____ Swaying_____

Falling_____ Arms raised for balance_____ Reaching for support_____

Awareness: Normal_____ Confused_____ Paranoid_____ Sleepy Stupor_____ Lack of coordination_____

Odor: ________Normal ________Alcohol ________Burned rope ________

Other observed behavior/odor:________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Reasonable suspicion of current use or impaired by: alcohol_____ drugs_____.

Above behavior witnessed by:

_____________________________________________________________________________

_____________________________________________________________________________

Signed: _______________________________________  Date: ______________________

Signed (optional)______________________________ Date: ______________________

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol misuse by behavior, speech and/or odor while on duty, the earlier of within 24 hours or the determination of reasonable suspicion or prior to receiving tile test results. The observations must be specific, contemporaneous and articulable concerning the appearance, behavior, speech and body odor of the driver.

 

Revised  7-17-23

Code No. 4O3.l0E7

DRUG AND ALCOHOL TESTING PROGRAM PRE-EMPLOYMENT DRUG TEST ACKNOWLEDGMENT FORM

I,________________________________ have been informed of the requirement to submit to a drug test prior to being employed by the school district to perform a safety-sensitive function. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, it’s supporting administrative regulations and the law.

I understand that the results of my drug test will be shared with the school district. I also understand that if I have a positive drug test result, I will not be considered further for employment with the school district.

I further understand that the drug and alcohol testing records and information about me is confidential, and may be released at my request or in accordance with the law.

Signature of Applicant: ___________________________________________________

Date: ___________________________________

Revised   7-17-23

Code No. 403.10E8

RANDOM TESTING DRIVER CHANGE LIST FORM IOWA DRUG AND ALCOHOL TESTING PROGRAM

Nicole Koric, Riverside Community School District Contact Person

Date: _________________________

Riverside Community School District

Phone: 712-484-2291

P .0. Box 218, Carson, Iowa 51525

Social Security Number and Name (first and last).

Example 111-22-3333, John Doe.

Additions

SSN _________________________  Name _________________________________________

                                                                           SSN       Name  _____________________________

Deletions

SSN _________________________  Name  ________________________________________

                                                                                SSN        Name  _______________________

Please list all qualified drivers who must be tested under the federal regulations. Make copies of this form if you need additional space. Changes must be made in writing. Telephone changes cannot be accepted. Changes for a month must be received the last business day of the prior month to be effective for the month. Random list updates cannot be data entered for a new month if this form is received on or after the first of the new month.

Revised 7-17-2023

Code No. 4O3.10E9

DRUG AND ALCOHOL TESTING PROGRAM REFERRAL TO SUBSTANCE ABUSE PROFESSIONAL ACKNOWLEDGMENT FORM

I, ___________________________________understand 1 have violated the Drug and Alcohol Testing Program policy, its supporting administrative regulations and the law by having a _________Positive drug test result, _________Alcohol test result of 0.04 alcohol breath concentration or greater.

I understand in order to continue my employment, I must be evaluated by a substance abuse professional who shall determine what assistance, if any, I need in resolving problems associated with drug use and/or alcohol misuse. I consent to submit to an evaluation by a substance abuse professional and I understand that my failure to cooperate with and complete the substance abuse evaluation may subject me to discipline up to and including termination.

I also understand that in order to continue my employment, I must successfully complete the substance abuse professional's recommended substance abuse treatment program if any. I consent to successfully complete any recommended substance abuse treatment program, and I understand that my failure to successfully participate and complete the recommended substance abuse treatment program, if any, may subject me to discipline up to and including termination.

I further understand that in order to continue my employment, I must authorize the release to the school district any records related to my substance abuse evaluation and recommended substance abuse treatment program in the possession of or accessible by the substance abuse professional. I consent to authorize the release of the substance abuse professional's records related to my substance abuse evaluation and I recommended substance abuse treatment program, if any, to the school district and I understand that my failure to release these records may subject me to discipline up to and including termination.

Signature of Employee: __________________________________________

Date: _______________________________________________

 

Revised  7-17-2023

Code No. 4O3.10E10

POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

The following instructions have been reviewed by the drivers subject to the drug and alcohol testing program. These instructions must be kept in the school vehicle for reference in the event of an accident. The driver operating the school vehicle is responsible to carry out the instructions.

1.  Take action to maintain the safety and health of the persons being transported in the school vehicle.

2.  Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.

Nick Bates or Nicole Koric

Riverside Community School District

712-484-2291 work

3.  Determine whether any of the following have occurred, and if so, post-accident drug and alcohol testing must be done.

a.  The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident.

b.  The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

c.  A fatality other than the driver occurred.

4.  Consume no alcohol for eight hours or prior to submitting to a post-accident alcohol test, whichever occurs first, following an accident meeting the criteria in "3" above.

5.  Remain available to submit to a post-accident alcohol test within two hours and no later than eight hours after the accident.

6.  Remain available to submit to a post-accident drug test as soon as possible after the accident and no later than 32 hours after the accident.

7.  Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and may subject the driver to discipline up to and including termination.

8.  Seek appropriate medical attention despite the need to remain available to submit to a post-accident drug and alcohol tests.

9.  Using the Transportation Emergency Assistance Program developed by the Iowa Pupil Transportation Association, contact the nearest school district transportation director for assistance.

10.Obtain the name, badge number and telephone number of the law enforcement officer if the law enforcement officer conducts a post-accident drug and/or alcohol test. If possible, obtain copies of any alcohol and drug test results conducted by the law enforcement officer. Since these test results are generally unacceptable to meet the school district's requirements for post-accident drug and alcohol testing, the driver must remain available for post-accident drug and alcohol testing by a trained collection site person.

11.Complete the School Bus Accident Report form issued by the Iowa Department of Education as soon as possible.

12.Document failure to submit to a post-accident alcohol test:

a.  Document why the driver was not alcohol tested within two hours after the accident.

b.  Document why the driver was not alcohol tested within eight hours after the accident.

c.  A copy of the documentation must be submitted to the school district contact person upon return to the school district.

13.Document failure to submit to a post-accident drug test:

a.  Document why the driver was not drug tested within 32 hours after the accident.

b.  A copy of the documentation must be submitted to the school district contact person upon return to the school district.

 

Revised  7-17-2023

Code No. 404R1 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 nonconsensual: 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 influence 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.

Legal References:

Iowa Code 279.8

281 I.A.C. 13

Approved  2-20-2023    Reviewed:            Revised:

Code No. 404R2 Employee Conduct and Appearance - Code of Rights and Status

CHAPTER 26

282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under IOWA CODE chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

282—26.2 (272) Rights. Educators licensed under IOWA CODE chapter 272 have the following rights:

1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.
2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
3. The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282—26.3 (272) Responsibilities. Educators licensed under IOWA CODE chapter 272 have the following responsibilities:

1. The educator has a responsibility to maintain and improve the educator’s professional competence.
2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
4. The educator shall protect students from conditions harmful to learning or to health or safety.
5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.
6. The educator shall not use professional relationships with students for personal advantage.
7. The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
8. The educator shall accord just and equitable treatment to all members of the profession.
9. The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the IOWA ADMINISTRATIVE CODE and which are necessary to ensure the safety and well-being of the student.
11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.
12. The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.
13. The educator shall not refuse to participate in a professional inquiry, when requested by the board.
14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.
15. The educator shall not delegate assigned tasks to unqualified personnel.   

Legal References:

Iowa Code 279.8

282 I.A.C. 13

Approved: 2-20-2023            Reviewed:               Revised:           

Code No. 405.1

LICENSED EMPLOYEE DEFINED

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

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

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

Legal Reference: 

Clav v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).

Iowa Code §§ 256.7(3); 272; 279.8 (2013).

282 I.A.C. 14.

281 I.A.C. 12.4; 41.25.

1940 Op. Att'y Gen. 375.

Approved 9-13-93 Reviewed 12-17-23   Revised 7-15-2019

 

Code No. 405.10

LICENSED EMPLOYEE ORGANIZATION AFFILIATION

Licensed employees who qualify may join the Riverside Education Association and participate in its activities as long as the participation does not, in any way, interfere with the delivery of and the provision of the education program and school district operations.

The superintendent shall have sole discretion to determine whether association activities interfere with the education program and school district operations. Association members must follow the board policy on public use of school property.

The board shall not interfere with the rights of an employee to organize or form, join or assist any employee organization.

Legal Reference: 

Iowa Code §§ 20.1, .8, .10; 279.8 (2009).

Approved 9-13-93        Reviewed 11-21-16        Revised  7-15-2019

Code No. 405.2

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district plocies regading equal employment. Job applicants for licensed positions shall be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state license if required for the position.

All job opennings will be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system.  Addtional 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 supervisiing and overseeing the person being hire.

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 etseq. 

Iowa Code §§ 20; 35C; 216; 279.13.

281 I.A.C. 12.

282 I.A.C. 14.

1980 Op. Att'y Gen. 367.

Approved 9-13-93 Reviewed 12-17-23 Revised 7-15-2019

 

Code No. 405.3

LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis. Each contract will be for a period of one year.

It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, are returned to the superintendent.  The superintendent will obtain the employee’s signature.  After being signed, the contract is filed with the board secretary.

Legal Reference: 

Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

Shackelford v. District Township of Beaver. Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

Iowa Code chs. 20; 279 (2013).

Approved 9-13-93        Reviewed 12-17-23      Revised  7-15-2019

 

Code No. 405.4

LICENSED EMPLOYEE CONTINUING CONTRACTS

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

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

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

Legal Reference:         

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

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

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

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

Iowa Code §§ 272; 279.

Approved 1-15-07        Reviewed  12-17-23      Revised 5-18-2020

Code No. 405.5

LICENSED EMPLOYEE WORK DAY

Licensed employees who are employed only during the academic year will have the same work day as other licensed employees.  "Day" is defined as one work day regardless of full-time or part-time status of an employee. Licensed employees are to be in their assigned school building during the work day.  Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.

The scheduled employee workday shall be eight (8) hours as determined by the building principal and will include the scheduling of a duty-free lunch period of not less than twenty (20) minutes, except under very occasional extenuating circumstances and for a maximum of one day per week when each Grade K-5 teacher is to supervise recess, and on this day, the teacher will not receive duty-free lunch.  In the Junior High Senior High Building, the teacher shall have a maximum assignment every third week of responsibility for hall, common or lunch room duty.  The teacher may not receive 20 minutes duty free-lunch on these days. Excluded from this time shall be the period of time prior to the beginning of the student day. The period that follows student dismissal may occasionally be included as part of the basic preparation minutes.

The Board may elect to extend one workday per week by one-half hour.  The determination shall be made prior to the start of the school year.  If this election is made, the district shall reduce the number of days in the work-year to 188 except    for new teachers whose work-year shall be reduced to 190.  The work-year may be extended by the Board by up to two days by paying the per diem rate for the additional days.  The per diem rate shall be based on the employee’s salary and a 190-day work year.            

The Board may permit some teacher contract days to be served during the summer months after the current contract year is complete and/or preceding the next contract year. These days must be approved by the superintendent or his/her designee. If the district chooses an “hours” calendar, teachers may make up days that are canceled during the school year by serving an equivalent amount of professional development time if approved by the superintendent or his/her designee. Up to three additional summer professional development days that are approved by the superintendent or his/her designee may be “banked” for canceled days during the upcoming school year. If “banked” days are not needed for canceled school days, the teacher will be paid the substitute rate for those days if approved by the Teacher Quality Committee. “Banked” days cannot be carried over to the next contract year.

During the employee's normal working hours there shall be time allotted for the purpose of classroom preparation and student instruction.  It is desirable for each employee to have an uninterrupted preparation period each day.  Employees assigned to Grade 6-12 shall have a minimum of one regularly assigned period each day which may be used for preparation time, and during which the employee will not normally be assigned other duties.  Employees assigned to Grade K-5 shall have a minimum of two hundred (200) minutes per week for preparation time.  For Grade K-5 employees, the time that students who normally are under their supervision, are in physical education, recess, music, art or other special classes, shall be counted as part of the preparation time unless the teacher has other assigned duties during such time period(s).  Excluded from this time shall be the period of time prior to the beginning of the student day.  The period that follows student dismissal may occasionally be included as part of the basic preparation minutes.

The workday may be extended due to faculty meeting, conferences, or duties, which necessitate employee attendance.  Employees shall be notified at least two (2) days in advance except in extenuating circumstances.

When school start time for a building is delayed because of inclement weather or emergency closing, the employee workday at that building shall be reduced in time by the amount of the closing. Building employees shall not be required to report when student attendance at that building is canceled because of inclement weather or emergency closings.

Principals, at their discretion, are authorized to permit other early departures from the building upon individual request.

On Fridays, on days ended early due to inclement weather, and days preceding holidays and vacation periods, the workday shall end ten (10) minutes after the departure of the route buses. 

The Riverside Education Association may hold Association meetings outside the student day by notifying the Superintendent or designee at least two (2) days in advance.  The same shall not interfere with other uses of the building.

The regular and extended contract of employees shall include the vacation days on Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, December 23 through January 1 or December 24 through January 2, the Friday before Easter, Memorial Day and any additional days approved by the Board.

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

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

Legal Reference: 

Iowa Code §§ 20; 279.8.

Approved 9-13-93        Reviewed 12-17-23    Revised 7-15-2019

Code No. 405.6

LICENSED EMPLOYEE ASSIGNMENT

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

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

Legal Reference: 

Iowa Code §§ 20; 279.8.

Approved 9-13-93        Reviewed 2-19-24 Revised   7-15-2019

Code No. 405.7

LICENSED EMPLOYEE TRANSFERS

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

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

It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

Legal Reference: 

Iowa Code §§ 20; 216.14; 279.8.

Approved 9-13-93 Reviewed   2-19-24   Revised   7-15-2019

Code No. 405.8

LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, 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 shall be in writing and approved by the board. The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation 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 the 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 shall be evaluated at least twice each year.

Legal Reference: 

Aplington Community School District V. PERB. 392 N.W.2d 495 / (Iowa 1986)

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

Iowa Code && 20.9; 279; 284; 294

281 I.A.C. 83; 12.3

Approved 1-15-07       Reviewed 2-19-24        Revised 7-15-2019

Code No. 405.9

LICENSED EMPLOYEE PROBATIONARY STATUS

 

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

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

Legal Reference:         

Iowa Code § 279.

Approved 9-13-93        Reviewed 2-19-24      Revised 5-18-2020

Code No. 406.1

LICENSED EMPLOYEE SALARY GUIDELINES

The board will establishsalary guidelines for licensed employees' postions keeping in mind the financial condition of the school distrcit, the eduaction and expereince of the licensed employee, the educational philosophy of the district, and others factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation and salary guidelines.  The salary guideines determine the base wage of each licensed employee and are subject to review and modification through the collective bargaining process.

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

Legal Reference: 

Iowa Code §§ 20.1, .4, .7, .9; 279.8

Approved 5-20-2024        Reviewed 3-18-2024     Revised  7-15-2019

Code No. 406.2

LICENSED EMPLOYEE SALARY ADVANCEMENT

The board will determine salary guidlines for their licensed employees' position, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

The law no longer requires a district to provide advancement for years of experience. The Board may choose to maintain salary advancement but are only required to negotiate base wages as part of the collective bargaining process.

It is the responsibility of the superintendent to make a recommendation to the board for the salary advancement of licensed employees.

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

Legal Reference: 

Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

Approved 5-20-2024        Reviewed 3-18-2024        Revised   7-15-2019

Code No. 406.3

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

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

Licensed employees who wish to obtain additional education for salary advancement  must notify their supervisor by May each school year preceding the actual year when the advancement occurs. This additional education will be in same area as the education that was required of the employee to hold the employees' current position with the school district. The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It is the responsibility of the superintendent to make a recommendation to the board for the salary advancement of a licensed employee. 

The law no longer requires a district to provide adcancement for continued education credit.  The board may choose to maintain advancement for continued education credit but are only required to negotiate base wages as part of the collective bargaining process.

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

Legal Reference: 

Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

Approved 5-20-2024      Reviewed 3-18-2024        Revised 7-15-2019

Code No. 406.4

LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

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

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

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

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

Legal Reference: 

Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B

Approved 5-20-2024        Reviewed  3-18-2024     Revised  7-15-2019

Code No. 406.5

LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least twenty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Licensed employees who work an average of at least twenty (20) hours per week or one hundred  (100) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work twenty (20) hours per week are eligible to participate in health benefits, life, dental, vision and long term disability group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage.

Regular part-time employees (i.e., employees who work less than 20 hours per week or 100 hours per month for health benefit purposes or employees who work less than twenty (20) hours  per week for benefits other than health who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan. 

 

Legal Reference: 

Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Approved 5-20-2024        Reviewed 3-18-2024      Revised   7-15-2019

Code No. 406.6

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the distrcit. The board may authorize the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program if chosen by the board and collective bargaining units.

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

Legal Reference: 

Iowa Code §§ 20.9; 260C; 273;294.16

1988 Op. Att'y Gen. 38.

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

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

Approved 5-20-2024     Reviewed 3-18-2024   Revised 7-15-2019

Code No. 407.1

LICENSED EMPLOYEE RESIGNATION

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

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

Legal Reference: 

Iowa Code 91A.2, .3, .5; 279.13, .19A (2013).

Approved    9 -13 –93   Reviewed 11-21-16      Revised 8-19-2019

Code No. 407.2

LICENSED EMPLOYEE CONTRACT RELEASE

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

Release from a contract shall be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs is a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

Legal References:

Iowa Code && 216: 272: 279.13, .19A, .46(2013).

1978 Op. Att'y Gen.247

1974 Op. Att'y Gen. 11.322

Approved                  Reviewed 11-21-16         Revised 8-19-2019

Code No. 407.3

LICENSED EMPLOYEE RETIREMENT

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

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

Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.

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

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

Legal Reference: 

Iowa Code §§ 97B; 216; 279.46 

581 I.A.C. 21.

Approved 9-13-93 Reviewed  11-21-16   Revised  8-19-2019

 

Code No. 407.4

LICENSED EMPLOYEE SUSPENSION

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

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

Legal Reference: 

Northeast Community Education Association v. Northeast Community School District, 402. n. W. 2d 765, 769 (Iowa 1987)

McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa1979).

Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Approved 9-13-93        Reviewed 11-21-16       Revised 8-19-2019

Code No. 407.5

LICENSED EMPLOYEE REDUCTION IN FORCE

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

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

It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent shall consider the following criteria in making the recommendations:

• Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
• Relative skills, ability and demonstrated performance;
• Qualifications for co-curricular programs; and
• Number of continuous years of service to the school district. This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for termination due to reduction in force will be followed.

Legal Reference: 

Iowa Code §§ 20.; 279.

Approved 9-13-93   Reviewed 11-21-16    Revised  8-19-2019

Code No. 407.6

LICENSED EMPLOYEE EARLY RETIREMENT

A.  Purpose: This voluntary early retirement program provides an incentive that allows an orderly means of attrition of employees, demonstrates the District’s appreciation for services employees have rendered to the District, aids employees in transition to retirement and Medicare eligibility, and provides an estimated cost savings to the District.

B.  Eligibility: This voluntary early retirement program applies to all licensed employees, including administrators, who are employed at least thirty (30) hours per week on a regular (non-substitute) contracts during the current contract year who resign effective at the end of the current contract year, who are at least fifty-six (55) years of age on July 1 of the elected year who have been employed with the Riverside Community School District for at least six (6) consecutive years immediately prior to July 1 of the elected year, and who were on active employment (not on leave) at least ninety (90) days during the current contract year.  Time on extended unpaid leave will not break years of service, but will not be counted towards the required six years.  If an employee previously received voluntary early retirement payments from the District and then was rehired, the employee is not eligible to again receive payments under this program.  Eligibility to receive these benefits is contingent upon having successfully fulfilled all contractual obligations.

C.  Application and Resignation: The employee must make application for early retirement benefits not later than February 1 of the elected year.  The application shall be made on a form provided by the District and shall be submitted to the Superintendent.  The Board shall have the discretion to approve or disapprove any and all applications for early retirement benefits.  The employee shall submit a resignation from all contracts with the Riverside Community School district effective at the end of the current contract year, which resignation may be contingent upon the board approving the application for early retirement benefits.  Approval of the request for early retirement benefits will be considered acceptance of the employee’s resignation and will constitute a voluntary termination of all of the employee’s contracts.

D.  Voluntary Early Retirement Benefits: An employee whose early retirement under this program has been approved may elect to continue participation in the District’s group medical insurance plan until the employee becomes eligible for Medicare (whether or not the employee actually applies for Medicare) or until the employee’s death, whichever first occurs.  The District will pay up to the single premium dollar amount per month for the plan designated by the Board on an annual basis.  The District reserves the right to change coverage or carriers during such time period.  No level of benefits or maximum deductibles or maximum out of pocket expenses is guaranteed for early retirees during their period of eligibility for early retirement benefits.  The employee must meet requirements of the insurer to continue medical coverage.

E.  No Vesting: The adoption of this employee voluntary early retirement program shall not vest any right in any employee whether or not the employee is currently eligible for early retirement.  The Board shall have the complete discretion to repeal, renew or not renew this program at any time and shall not be obligated to provide any benefits to any employee, except to those employees whose early retirement pursuant to this program has commenced.

The board may in its discretion offer an early retirement program. Considered by on an annual basis in December.

Legal Reference: 

29 U.S.C. §§ 621, etseq. (2012).

Iowa Code §§ 97B; 216; 279.46; 509A.13

1978 Op. Att'y Gen. 247.

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

Approved 9-13-93   Reviewed 11-21-16        Revised 8-19-2019

Code No. 408.2

LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

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

Legal Reference: 

Iowa Code § 279.8 (2013).

Approved 9-13-93        Reviewed:  11-21-16           Revised 8-19-2019

Code No. 408.3

LICENSED EMPLOYEE TUTORING

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

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

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

Legal Reference: 

Iowa Code §§ 20.7; 279.8 (2013).

Approved 9-13-93 Reviewed    11-21-16     Revised 8-19-2019

Code No. 409.1

LICENSED EMPLOYEE VACATION -HOLIDAYS

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

Vacation for full-time regular employees who work 260 days a year, unless the employee's individual contract indicates otherwise, will be fifteen (15) days.

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

Regular full-time employees who work 260 days a year will be allowed seven (7) holidays per year.  It is within the discretion of the board to set the holidays annually.

Employees who work during the school academic year, whether full-time or part-time, will have time off in concert with the school calendar. 

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

The employee must submit a vacation request to the superintendent, who will determine whether the request will disrupt the operation of the school district.  In the case of the superintendent's request, the board will make the determination.

Legal Reference:

Iowa Code §§ lC; 4.1(34); 20

Approved 9-13-93        Reviewed 7-25-2022      Revised   7-20-2020

Code No. 409.10

LICENSED EMPLOYEE EXTENDED ILLNESS LEAVE

Licensed employees advised of a health condition, which may require absence for more than five days shall inform their supervisor as soon as possible so arrangements can be made for an effective transition of responsibilities to a substitute. "Day" is defined as one workday regardless of full-time or part-time status of an employee.

Evidence may be required about the mental or physical status of the licensed employee to confirm the need for an extended illness leave of absence, the employee's illness, and the ability of the employee to continue work until the beginning date of the extended illness leave.

An employee on extended illness leave shall report for work as soon as the individual is capable of performing work. Upon returning to work, the employee must present medical evidence that the employee is physically capable of returning to and performing the duties required at work. The school district may require additional statements from the licensed employee's physician or other evidence.

Pay provisions for extended illness leave will be coordinated with sick leave. Should personal illness occur after or extend beyond the sick leave accumulated, the employee may apply for disability benefits under the group insurance plan. If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Legal Reference: 

Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).

Approved    9-13-93     Reviewed 11-21-16       Revised 9-16-2019 

Code No. 409.11

LICENSED EMPLOYEE EMERGENCY LEAVE

The board realizes an emergency may arise which would necessitate a licensed employee's absence from work which is not covered by another form of leave of absence. Such leave shall be called emergency leave.

Emergency leave must be unforeseen and beyond the control of the employee.

There is no set number of days that may be taken. The leave is dependent upon the need and request of the person needing to take the leave. This leave is not deducted from sick leave. The request shall be made in writing and a written record will be maintained. The superintendent shall have the discretion to grant emergency leave. The superintendent shall determine whether such leave shall be paid leave or unpaid leave.

Legal Reference: 

Iowa Code §§ 20.9; 279.8 (2013).

Approved    9-13-93     Reviewed    11-21-16      Revised  9-16-2019

Code No 409.2

EMPLOYEE LEAVE OF ABSENCE

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

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave- Leave to care for a sick member of the employee’s immediate family
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Professional Leave-Leave to attending professional learing activties
• Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury nad Legal Duty Leave – Leave to be excused for jury duty
• Military Service Leave – Leave for military service, including the national guard
• Political Leave – Leave to run for elective public office
• Vacation-Leave offered to 12 month employees
• Family and Medical Leave-Leave assoicated with the Federal Family Medial Leave Act
• Temporay Leave - Leave associate with a temporay leave of absence
• Assocaition Leave-Leave associated with Assocaition activities

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

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave- Leave to care for a sick member of the employee’s immediate family
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Professional Leave-Leave to attending professional learing activties
• Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury and Legal Duty Leave – Leave to be excused for jury duty
• Military Service Leave – Leave for military service, including the national guard
• Political Leave – Leave to run for elective public office
• Vacation-Leave offered to 12 month employees
• Family and Medical Leave-Leave assoicated with the Federal Family Medial Leave Act
• Temporary Leave - Leave associate with a temporay leave of absence

The provisions of each leave offering will be detailed in the Master Contract and/or Employee Handbook.

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

Legal Reference:         

29 U.S.C. §§ 2601 et seq.

Pub.L. 116–127

 29 C.F.R. §§ 825; 826.

 Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.

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

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

Approved 7-20-2020           Reviewed            Revised   4-12-2021

Code No. 409.3

LICENSED EMPLOYEE FAMILY ILLNESS & FAMILY MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as [insert method for establishing the 12-month period. See the United States Department of Labor’s Fact Sheet 28H for employer options].  Requests for family and medical leave will be made to the superintendent. 

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

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

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

• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

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

Legal Reference: 

29 U.S.C. §§ 2601 et seq.

29 C.F.R. § 825

Iowa Code §§ 20; 85; 216; 279.40.

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

Approved 9-13-93      Reviewed 7-25-2022     Revised 7-20-2020

Code No. 409.4

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

 

Legal Reference: 

 

Approved  9-23-2019         Reviewed         Revised  

Code No. 409.5

LICENSED EMPLOYEE BEREAVEMENT LEAVE

In the event of a death of a member of a licensed employee’s immediate family, bereavement leave may be granted.  Bereavement leave may be granted to a licensed employee for no more than five consecutive days with ‘day’ being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family. The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandparent of the employee.

No more than two days of bereavement leave will be granted for the death of a close friend or other relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

Legal Reference: 

Iowa Code 20; 279.8

Approved   10-11-93       Reviewed  11-21-16      Revised 9-16-2019

Code No. 409.6

LICENSED EMPLOYEE POLITICAL LEAVE

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

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

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

Legal Reference: 

Iowa Code Chap. 55 (2013).

Approved 9-13-93        Reviewed 11-21-16      Revised  9-16-2019

Code No. 409.7

LICENSED EMPLOYEE JURY DUTY LEAVE

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

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

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

Legal Reference: 

Iowa Code §§ 20.9; 607A (2013).

Approved 9-13-93        Reviewed 2-19-01        Revised  9-16-2019

Code No. 409.8

LICENSED EMPLOYEE MILITARY SERVICE LEAVE

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

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

Legal Reference: 

Iowa Code §§ 20; 29A.28 (2013).

Approved 9-13-93    Reviewed 11-21-16     Revised  9-16-2019

Code No. 409.9

LICENSED EMPLOYEE UNPAID LEAVE

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

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

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

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

Legal Reference: 

Iowa Code §§ 20; 85; 85A; 85B; 2?9.12; 509; 509A; 509B.

Approved 9-13-93        Reviewed 11-21-16        Revised  9-16-2019

Code No. 410.1

SUBSTITUTE TEACHERS

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

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

Substitute teachers will be paid a per diem rate accroding to the Fee and Subtitute Schedule set by the board each year. Substitutes employed for five or more consecutive days in the same position shall be paid according to the rate according to the annual Fee and Substitute Schedule set by the board.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

Legal Reference: 

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

Iowa Code §§ 20.1, .4(5), .9; Ch.272 (2013).

281 I.A.C. 12.4.

Approved 9-13-93            Reviewed 2-19-01           Revised  9-16-2019

Code No. 410.2

SHARED LICENSED EMPLOYEES

The board may make arrangements for sharing employees with neighboring school districts in order to expand the opportunities available in the education program and the operation of the school district. It shall be within the discretion of the board to determine when and with which school district sharing agreements will be made.

It shall be the responsibility of the superintendent to bring to the board's attention opportunities for sharing employees with neighboring school districts.

Legal Reference: 

Iowa Code §§ 28E; 256.13; 257.11, .11A; 280.15; 282.7(1)(2013).

Approved 9-13-93   Reviewed 7-18-11        Revised  9-16-2019

Code No. 410.3

SUMMER SCHOOL LICENSED EMPLOYEES

The Riverside Community School District shall offer summer school options in accordance with law and may, in its discretion offer additional programming during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

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

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

Legal Reference:         

Iowa Code §§ 279.8; 280.14

Approved 9-13-93        Reviewed 7-18-11     Revised  5-18-2020

Code No. 410.4

STUDENT TEACHERS--INTERNSHIPS

The board will cooperate with post-secondary educational institutions to assist in the practical preparation of teachers and other licensed employee positions. Student teachers and other student interns may be assigned duties in the school district.

Licensed employees shall not be required to utilize student teachers or student interns. Experienced teachers and teachers in good standing shall be allowed to have student teachers or student interns.

It will be the responsibility of the superintendent to make arrangements with the post-secondary educational institutions for student teachers and student internships. Such arrangements shall safeguard the interest of the student teachers and student interns, the post-secondary educational institution and the school district.

It will be the responsibility of the post-secondary educational institution to provide sufficient supervision over the work of these student teachers to make their presence profitable.

Legal Reference: 

Iowa Code.§ 272.27 (2013).

281 I.A.C. 77.

1974 Op. Att'y Gen. 6.

1936 Op. Att'y Gen. 462.

Approved 9-13-93     Reviewed 7-18-11     Revised  9-16-2019

Code No. 410.5

EDUCATION ASSOCIATES

The board may employ education associates or other instructional support personnel to assist licensed personnel in non-teaching duties, including, but not limited to:

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

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

Legal Reference: 

Iowa Code 279.8; 280.3, .14 (2013) .

670 I.A.C. 3.4(5), .7 (1).

281 I.A.C. 12.5(9).

Approved 9-13-93 Reviewed    10-19-11    Revised    9-16-2019

Code No. 411.1

CLASSIFIED EMPLOYEE DEFINED

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

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

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

Legal Reference: 

Iowa Code 20; 279.8.

Approved 9-13-93 Reviewed 10-19-11 Revised  10-21-2019

Code No. 411.2

CLASSIFIED EMPLOYEE—QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school distrcit in accordance with applicable laws and school distrcit policies regarding equal employment. Job applicants for classified employee positions will be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state or other license or certificate if required for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent has the authority to hire without board approval, for bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers. Such employment shall be subject to the board's approval at the next regular board meeting..

Legal Reference: 

29 U.S.C. §§ 621-634.

42 U.S.C. §§ 2000e; 12101 et seq.

Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20 

281 I.A.C. 12

Approved 9-13-93     Reviewed 10-19-11     Revised 10-21-2019

Code No. 411.3

CLASSIFIED EMPLOYEE CONTRACTS

The board will enter into written contracts with classified employees employed on a regular basis. The contract will state the terms of employment.

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

Classified employees will receive a job description stating the specific performance responsibilities of their position.

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval. The superintendent has the authority to hire without board approval, for bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers. Such employment shall be subject to the board's approval at the next regular board meeting..

The contracts, after being signed by the board president, shall be filed with the board secretary.

Legal Reference: 

Iowa Code §§ 20; 279.7A; 285.5(9) (2013).

Approved 9-13-93      Reviewed 10-19-11       Revised  10-21-2019

Code No. 411.4

CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

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

Legal Reference: 

Iowa Code §§ 285.5(9); 272. 279.8

281 I.A.C. 12.4(10); 36; 43.

Approved 9-13-93        Reviewed 10-19-11       Revised  10-21-2019

Code No. 411.5

CLASSIFIED EMPLOYEE ASSIGNMENT

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

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

Legal Reference: 

Iowa Code §§ 20; 279.8 (2013).

Approved 9-13-93 Reviewed 10-19-11      Revised 10-21-2019

Code No. 411.6

CLASSIFIED EMPLOYEE TRANSFERS

Determining the 1ocation where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent willl consider the qualifications of each classified employee and the needs of the school district.

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

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

Legal Reference: 

29 U.S.C. §§ 621-634 (2012).

42 U.S.C. §§ 2000e etseq. (2012)

42 U.S.C. §§ 12101 etseq. (Supp. 2012).

Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2013).

Approved 9-13-93      Reviewed 10-19-11             Revised 10-21-2019

 

Code No. 411.7

CLASSIFIED EMPLOYEE EVALUATION

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

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees are formally evaluated once a year.

Legal Reference:

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

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

 Iowa Code §§ 20.9; 279.14 (2013).

281 I.A.C. 12.3(3).

Approved 9-13-93      Reviewed   10-19-11     Revised  10-21-2019 

 

 

Code No. 411.8

CLASSIFIED EMPLOYEE PROBATIONARY STATUS

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

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

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

Legal Reference: 

Iowa Code §§ 20; 279.8 (2013).

Approved 9-13-93      Reviewed 10-19-11             Revised  10-21-2019

Code No. 412.1

CLASSIFIED EMPLOYEE COMPENSATION

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

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

The board may, based on the superintendent's recommendation, hold classified employees at their current salary level for disciplinary purposes.

Legal Reference: 

Iowa Code §§ 20.1, .4, .7, .9; 279.8 

Approved  9-13-93      Reviewed 7-25-2022     Revised  10-21-2019 

 

Code No. 412.3

CLASSIFIED EMPLOYEE GROUP BENEFITS

Classified employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offerclassified employees, who are expected to work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will utilize the applicacalble measurement periosd to determine whether variable hourly employees qualify for an offer of insurance coverage under the distrcit's group plan.The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Classified employees who work 20 per week are eligible to participate in health benefits, life insurance and long term disability group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage.

Regular part-time classified employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than  20  per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

Legal Reference: 

Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Approved 11-8-93        Reviewed 2-19-01         Revised 7-19-2021

Code No. 412.4

CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

Classified employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from any company or program chosen by the board.

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

Legal Reference: 

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

Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).

1988 Op. Att'y Gen. 38.

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

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

Approved 9-13-93    Reviewed 2-19-01        Revised  10-21-2019

Code No.413.1

CLASSIFIED EMPLOYEE RESIGNATION

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

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

Legal Reference: 

Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2013)

Approved 9-13-93 Reviewed    10-19-11    Revised   10-21-2019

Code No. 413.2

CLASSIFIED EMPLOYEE RETIREMENT

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

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

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

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

Legal Reference: 

29 U.S.C. §§ 621 etseq. (2012).

Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279, .19A,.46 (2013).

1978 Op. Att'y Gen. 247.

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

Approved 9-13-93 Reviewed    10-19-11    Revised  10-21-2019

Code No. 413.3

CLASSIFIED EMPLOYEE SUSPENSION

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

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

Legal Reference: 

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

McFarland v. Board of Education. of Norwalk Community School District, 277 N.W.2d 901 (Iowa1979).

Iowa Code §§ 20.7, .24 (2013).

Approved 9-13-93 Reviewed    10-19-11    Revised  10-21-2019 

Code No. 413.4

CLASSIFIED EMPLOYEE DISMISSAL

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

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

Legal Reference:  Iowa Code §§ 20.7, .24 (2013).

Approved 9-13-93 Reviewed    2-19-01     Revised  10-21-2019

Code No. 413.5

CLASSIFED 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 begiven 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 (2013).

Approved 9-13-93 Reviewed    10-19-11    Revised  10-21-2019

 

Code No. 414.1

CLASSIFIED EMPLOYEE VACATIONS -HOLIDAYS -PERSONAL LEAVE

Classified employees who work twelve months a year will be allowed paid vacation on the following basis:

• from 0 to 10 years with the district--two weeks;
• 10 years or more with the district--three weeks.

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

The following holidays: Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, and Memorial Day and July 4th are unpaid, no-work holidays. Classified employees who work twelve months a year will be allowed six paid holidays: Thanksgiving Day, Christmas Day, New Year’s Day, Labor Day, Memorial Day and Fourth of July)

Classified employees will be allowed two days of personal leave with pay which may accumulate to a maximum total of three days. This leave may be used in half-day increments. Except for emergency, the request to use personal leave shall be in writing to the employee's supervisor at least two days prior to the absence. In the case of emergency, verbal requests may be made and approved. After the fact, written documentation shall be completed.

Legal Reference:  Iowa Code §§ lC.; 4.1(34); 20.

Approved 9-13-93 Reviewed    2-19-01     Revised 11-18-2019

 

Code No. 414.2

CLASSIFIED EMPLOYEE PERSONAL  ILLNESS LEAVE

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

Should the personal illness occur after or extend beyond the accumulated sick leave, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following:  the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board and the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with board policy regarding family and medical leave.

If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary to implement these benefits.

Legal Reference:

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

29 U.S.C. §§ 2601 et seq. (2012)

29 C.F.R. Pt. 825 (2012).

Iowa  Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).

1980 Op. Att'y Gen. 605.

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

1952 Op. Att'y Gen. 91.

Approved 9-13-93 Reviewed    2-19-01     Revised  11-18-2019

 

Code No. 414.3

CLASSIFIED EMPLOYEE FAMILY MEDICAL LEAVE

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

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

• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

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

Legal Reference: 

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

29 U.S.C. §§ 2601 et seq. (2012)

29 C.F.R. Pt. 825 (2012).

Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).

1980 Op. Att'y Gen. 605.

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

1952 Op. Att'y Gen. 91.

 Approved   9-13-93     Reviewed  10-19-11    Revised  11-18-2019

 

Code No. 414.4

CLASSIFIED EMPLOYEE EMERGENCY LEAVE

The board realizes an emergency may arise which would necessitate a classified employee's absence from work which is not covered by another form of leave of absence. Such leave shall be called emergency leave.

Emergency leave must be unforeseen and beyond the control of the employee.

The superintendent has the discretion to grant emergency leave. The superintendent will determine whether such leave will be paid leave or unpaid leave.

Legal Reference: 

Iowa Code §§ 20.9; 279.8 (2013).

Approved 9-13-93 Reviewed    10-19-11    Revised 11-18-2019

Code No. 414.5

CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

In the event of a death of a member of a classified employee's immediate family, bereavement leave may be granted. Bereavement leave granted will be for a maximum of five days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family. The immediate family includes child, spouse, parent, brother, sister, mother-in-law, or father-in-law, brother-in-law, sister-in-law, grandparent.

A leave up to two consecutive days shall be granted to attend the funeral of any other relative of the employee.

A maximum of one day of bereavement leave may be granted per occurrence of the death of a close friend or other relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

Legal Reference: 

Iowa Code §§ 20; 279.8.

Approved 9-13-93 Reviewed    2-19-01     Revised   11-18-2019

Code No. 414.6

CLASSIFIED EMPLOYEE POLITICAL LEAVE

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

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

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

Legal Reference: 

Iowa Code Chap. 55 (2013).

Approved  9-13-93   Reviewed  10-19-11  Revised  11-18-2019

Code No. 414.7

CLASSIFIED EMPLOYEE JURY DUTY LEAVE

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

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

Classified employees will receive their regular salary.  Any payment for jury duty is turned over to the school district.

Legal Reference: 

Iowa Code §§ 20.9; 607A (2013)

 

Approved  9-13-93   Reviewed   10-19-11      Revised  11-18-2019

Code No. 414.8

CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

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

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

Legal Reference: 

Iowa Code §§ 20; 29A.28 (2013).

Approved 9-13-93 Reviewed    10-19-11    Revised 11-18-2019

Code No. 414.9

CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent.  Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

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

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

 

Legal Reference: 

Iowa Code §§ 20.9; 279.8 (2013).

 

Approved 9-13-93 Reviewed    10-19-11    Revised 11-18-2019

Code No. 414.10

CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

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

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

Legal Reference: 

Iowa Code § 279.8

281 I.A.C. 12.7.

Approved 9-13-93 Reviewed    10-19-11    Revised 7-20-2020