400 EMPLOYEES

400 ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

  Code No.  400

 

ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

 

This series of the Board policy manual is devoted to the Board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the District community.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs.  All employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for students.

 

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

 

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

 

Approved:                Reviewed:                              Revised: 

September 20,2017

 

401 EMPLOYEE RELATIONS AND CONDUCT

401.1 EQUAL EMPLOYMENT OPPORTUNITY

  Code No.  401.1

 

EQUAL EMPLOYMENT OPPORTUNITY

 

The Sigourney Community School District shall provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state, and local governing bodies.  The District shall take affirmative action in recruitment, appointment, assignment, and advancement of women, minorities, and the disabled.  Employees shall be given notice of this policy annually.

 

Individuals who file an application with the District will be given consideration for employment if they meet or exceed the qualifications set by the Board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the Board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, gender, marital status, socioeconomic status, national origin, religion, age (except for students), 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 for any position the District will perform the background checks required by law.  Based upon the results of the background checks, the District will determine whether an offer will be extended.

 

Advertisements and notices for vacancies within the District will contain the following statement: “The Sigourney Community School District is an Equal Employment Opportunity/Affirmative Action employer.”  The statement also will appear on application forms.

 

Employees or applicants for employment having inquiries regarding compliance with equal employment opportunity and affirmative action are directed to contact:

 

            Affirmative Action Coordinator

            Sigourney Community School District

            909 E. Pleasant Valley

            Sigourney, Iowa 52591

            (641) 622-2025

 

Inquiries also may be directed in writing to the Iowa Civil Rights Commission or the Director of the Region VII Office of Civil Rights, Department of Education, and Kansas City, Missouri.  Such inquiry or complaint to the state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

Additional information and copies of the procedures for filing a complaint are available in the District’s central administrative office and the administrative office in each attendance center.

 

Approved:                Reviewed:            Revised:

September 20,2017

401.2 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION COMPLIANCE PROGRAM

Code No.  401.2

 

EQUAL EMPLOYMENT OPPORTUNITY AND

AFFIRMATIVE ACTION COMPLIANCE PROGRAM

The Sigourney Community School District is an Equal Opportunity Employer without regard to age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

All employment decisions will be made in accordance with these principles.  All employment related programs will be administered in a manner consistent with these principles.  No employee or applicant shall suffer any form of discrimination because of age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

To ensure awareness by all levels of the administration, all employees, all students, educational agencies, vendors with which the District works and the community, the District will disseminate information as detailed below.

 

A.    Dissemination of Policy

 

1.    Employees will be reminded annually of the District’s Equal Employment Opportunity Policy (“EEO Policy”) by:

 

a.    Annual notification in newspaper or newsletter that goes to all community members.

 

b.    Description of the EEO Policy by publication or reference in all issuances or re-issuances of personnel handbooks.

 

c.    Where applicable, detailed discussions of the EEO Policy at administrative conferences and staff meetings.

 

d.    Posting of the EEO Policy on the District’s website.

 

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

 

3.    Employment sources and recruiting sources where jobs are posted and/or listed by the District will be reminded of the District’s EEO Policy, both verbally and in writing.

 

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

 

    B.    Responsibility for Implementing the Affirmative Action Plan and Program

 

The Sigourney Community School District is responsible for implementing the Affirmative Action Plan and Program and will render full assistance and support for those seeking help and assistance in taking affirmative action.

 

    C.    Recruiting

 

Additional emphasis will be given to seeking and encouraging applicants from minority groups, women's groups and the disabled where such applicants with the necessary qualifications or potentials are available.

 

    D.    Training

 

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

 

    E.    Hiring, Placement, Transfer, Lay-Off and Recall

 

The District recognizes that to accomplish the long-range objectives of its Equal Employment Opportunity policy, continued affirmative action must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups, women, and the disabled, and that qualified members of such groups should be offered positions on the same basis as all other applicants or employees.  To assure achievement of the objectives, the District will periodically review its practices of hiring job applicants.

 

    F.    Compensation

 

All employees will receive compensation in accordance with the same standards.  Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

 

Approved:                Reviewed:            Revised:

September 20,2017

 

401.3 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION GRIEVANCE PROCEDURE

EQUAL EMPLOYMENT OPPORTUNITY AND

AFFIRMATIVE ACTION GRIEVANCE PROCEDURE

Employees of the District and applicants for employment with the District have the right to file a formal complaint alleging non-compliance with federal and state regulations requiring non-discrimination in employment.

 

Level One- Principal or Immediate Supervisor

Individuals with a grievance of discrimination on the basis of gender, race, national origin, disability, religion, creed, sexual orientation, gender identity or age may first discuss it with their principal/designee or immediate supervisor, with the goal of resolving the matter informally.  An applicant for employment with a complaint of discrimination on the basis of gender, race, national origin, disability, religion, creed, sexual orientation, gender identity, or age may discuss it with the instructor, counselor, supervisor, department chairperson, building administrator or personnel contact person involved.

 

Level Two- The Affirmative Action Coordinator

If the grievance is not resolved at level one and the grievant wishes to pursue the grievance, he or she may formalize it by filing a complaint in writing.  

 

The complaint shall state the date filed, the name of complainant, home address, home and work phone number, the nature of the grievance, the date the alleged violation occurred, the remedy requested, and the signature of the complainant.  The filing of the formal, written complaint at level two must be within fifteen (15) working days from the date of the event giving rise to the grievance or from the date the grievant could reasonably become aware of such occurrence.  The grievant may request that a meeting concerning the complaint be held with the affirmative action coordinator.

 

The affirmative action coordinator shall investigate the complaint and attempt to resolve it.  A written report from the affirmative action coordinator regarding action taken will be sent within fifteen (15) working days after receipt of the complaint.

 

Level Three- Superintendent

If the complaint is not resolved at level two, the grievant may process the complaint to level three by presenting a written appeal to the superintendent/designee within ten (10) working days after the grievant receives the report from the affirmative action coordinator.  The grievant may request a meeting with the superintendent/designee.  The superintendent/designee has the option of meeting with the grievant to discuss the appeal.  A decision will be rendered by the superintendent/designee within ten (10) working days after receipt of the written appeal.

 

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the Federal Office of Civil Rights, or the Equal Employment Opportunity Commission for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination.

 

Approved:                Reviewed:                Revised:

September 20,2017

401.4 GENERAL EMPLOYEE COMPLAINTS

 

GENERAL EMPLOYEE COMPLAINTS

 

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner.  Reasonable efforts will be made to make sure complaints will not be made in the presence of other employees, students or outside persons.

Approved:                                 Reviewed:                 Revised:    

September 20,2017

401.5 HARASSSMENT OF EMPLOYEES

HARASSMENT OF EMPLOYEES

 

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

 

Harassment includes, but is not limited to, sex, race, color, national origin, religion, creed, age, marital/parental status, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, or socioeconomic status or familial status.  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.

 

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

 

Approved:                                  Reviewed:                Revised:

September 20,2017

 

401.5R1 EMPLOYEE HARASSMENT INVESTIGATION PROCEDURE

EMPLOYEE HARASSMENT INVESTIGATION PROCEDURE

 

Complaint Procedures

An employee who believes that they have been harassed shall notify their building principal, the designated investigator.  The alternate investigator is the school nurse.  The investigator may request that the employee 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 on his/her own authority 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 investigator's report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline or other appropriate sanctions.

 

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 notices 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 individual involved in the investigation process.

    Retaliators will be disciplined up to and including discharge or receive other appropriate sanctions.

 

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:                                  Reviewed:                Revised:

September 20,2017

 

401.6 EMPLOYEE COMPLAINTS

 

EMPLOYEE COMPLAINTS

 

Employee complaints against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner.  Reasonable efforts will be made to ensure complaints will not be made in the presence of other employees, students or outside persons.

Approved:                       Reviewed:             Revised:

September 20,2017

401.7 PUBLIC COMPLAINTS ABOUT EMPLOYEES

 

PUBLIC COMPLAINTS ABOUT EMPLOYEES

 

The Board recognizes situations may arise in the operation of the District which are of concern to parents and other members of the 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 consistent with the following:

 

1.    Matters concerning an individual employee should first be addressed to the employee.

 

    2.    Unsettled matters from (1) above or problems and questions about individual attendance centers should be addressed to the employee's building principal or immediate supervisor.

 

    3.    Unsettled matters from (2) above or problems and questions concerning the District should be directed to the superintendent.

 

    4.    If a matter cannot be settled satisfactorily by the superintendent, the individual may ask that it be brought to the Board.  To ask that a concern regarding an employee be addressed by the Board, the individual must notify the Board President in writing of the concern.  The Board President may bring it to the attention of the entire Board by placing it on the agenda or the individual may be able to address the complaint with the Board at the beginning of a meeting in accordance with Board policy.

 

It is within the discretion of the Board to address complaints from members of the District community and the Board will only consider doing so if a complaint is in writing, signed, and the individual bringing the complaint has complied with this policy.

 

Approved:                                  Reviewed:                 Revised:

September 20,2017

401.8 EMPLOYEE RECORDS

EMPLOYEE RECORDS

 

The 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 documentation related to the applicable employee, including, but not be limited to, records necessary for the daily administration of the District, personal information regarding the employee, salary records, discipline records, evaluations, application for employment, references, and other items necessary to carry out board policy.

 

Employee personnel files are District records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Employees may have access to their personnel files, as required by law.  The District may charge a reasonable fee for each copy made.

 

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

 

Approved:                Reviewed:            Revised:

September 20,2017

401.8R1 EMPLOYEE RECORDS REGULATION

EMPLOYEE RECORDS REGULATION

 

 

Employee Personnel Records Content

 

1.    Employee personnel records may contain, but are not limited to, the following information:

 

        ·    Personal information including, but not limited to, name, address, telephone number, emergency contact numbers, birth date, and spouse;

        ·    Application, resume and references, except those that shall be kept confidential according to state and federal law;

        ·    Educational transcripts;

        ·    Copy of the employee's license or certificate, if needed for the position;

        ·    Individual employment contract;

        ·    Job Description and Assignment;

        ·    Salary information;

        ·    Tax documents, including, but not limited to IRS Form W-4;

        ·    Written attendance records;

        ·    Evaluation documents;

        ·    Complaints;

        ·    Performance Improvement Plans;

        ·    Documents concerning any raise, promotion, pay decrease or demotion;

        ·    Records of disciplinary matters;

        ·    Receipts and/or acknowledgements of any employee-related material including policies and handbooks;

        ·    Letters of termination and/or resignation;

        ·    Documentation relating to an employee’s unemployment benefits; and

        ·    Documentation relating to an employee’s employment ceasing

 

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

 

        ·    Employee's medical history, including but not limited to, medical records and/or notes;

        ·    Employee's emergency names and numbers;

        ·    Medical professional signed physical form;

        ·    Sick or long-term disability leave days;

        ·    Family and medical leave request forms;

        ·    Worker's compensation claims; and

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

 

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

 

Applicant For Employment Records

 

 

 

 

 

Records on applicants for positions with the District are maintained in the central administration office and may contain, but are not limited to, the following information:

 

    ·    Application for employment;

    ·    Resume;

    ·    References, except those that shall be kept confidential according to state and federal law;

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

    ·    Affirmative action form, if submitted.

Record Access

 

The Board shall allow current and former employees access to their files pursuant to state and federal law.  The Board shall allow only authorized school officials access to an employee's records without the written consent of the employee.  Authorized school officials may include, but are limited to, the superintendent, building principal, or Board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of Board business.

 

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

 

  • An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.

    • Compensation means payment of, or agreement to pay, any money, thing of value or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.

  • The dates the employee was employed by the District.

  • The positions the employee holds or has held with the District.

  • The educational institutions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.

  • The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

Employee Record Retention

 

All employee records, except payroll and salary records are maintained for a minimum of seven (7) years after termination of employment with the District.  Applicant records are maintained for minimum of three (3) years after the position was filled.  Payroll and salary records are maintained for a minimum of three (3) years after payment.

 

 

 

Approved:            Reviewed:                Revised:

September 20,2017

 

 

401.9 EMPLOYEE CONFLICT OF INTEREST

                            Code No. 401.9

                       

EMPLOYEE CONFLICT OF INTEREST

 

Employees' use of their position with the 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 will not act as an agent or dealer for the sale of textbooks, school equipment, musical instruments 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 District.

 

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

 

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

 

    (2)    The outside employment or activity involves the receipt of, promise of or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the 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 District.

 

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

 

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

 

    ·    Cease the outside employment or activity; or

 

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

 

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

 

Approved:                            Reviewed:                 Revised:

September 20,2017

401.10 NEPOTISM

 

NEPOTISM

 

Nepotism is patronage bestowed or favoritism shown on the basis of family relationship.  More than one family member may be an employee of the District.  However, no District employee shall be involved in hiring a family member.  The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications, credentials, and record.

 

No employee shall be responsible for the supervision and/or evaluation of a member of the employee’s family.  No District employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.

 

Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers-in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.

 

Approved:                Reviewed:                Revised:

September 20,2017

401.11 GIFTS TO EMPLOYEES

                        Code No. 401.11

 

GIFTS TO EMPLOYEES

 

The Board understands the desire of students, parents, and others to give gifts to show appreciation of an employee.  Rather than giving gifts, the Board encourages, as more welcome and appropriate, the writing of letters to express gratitude and appreciation or the donation of a gift to benefit the District rather than an individual employee.  Employees may receive a gift on behalf of the 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 a “donor” stated below or the gift or honorarium does not meet the definition of “gift” or an “honorarium” stated below.  However, employees may receive nonmonetary gifts of a value less than $3.00 if the donor does not intend to influence the employee's professional judgment.  

 

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

1.    Is seeking to be or is a party to any one or any combination of sales, purchases, leases, or contracts to, from or with the District;

2.    Is engaged in activities, which are regulated or controlled by the District;

3.    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

4.    Is a lobbyist with respect to matters within the 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:

1.    Contributions to a candidate or a candidate's committee;

2.    Informational material relevant to an employee's official function, such as books, pamphlets, reports, documents, or periodicals;

3.    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;

4.    An inheritance;

5.    Anything available or distributed to the public generally without regard to the official status of the employee;

6.    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;

7.    Plaques or items of negligible resale value given as recognition for public services;

8.    Items of food and drink with a value of less than three dollars that are received from anyone donor during one calendar day;

9.    Items or services solicited or given to a state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member; or

10.    Items or services received as part of a regularly scheduled event that is part of a conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.

 

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

1.    Actual expenses of an employee for food, beverages, travel, or 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;

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

3.    A payment made to an employee for service rendered as part of a bona fide 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 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.  An employee who violates this policy may be subject to disciplinary action, up to and including termination. 

 

Approved:                Reviewed:                Revised:

September 20,2017

401.12 EMPLOYEE POLITICAL ACTIVITY

 

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.

 

Approved:                Reviewed:                              Revised:

September 20,2017

401.13 EMPLOYEE TRAVEL COMPENSATION

 

EMPLOYEE TRAVEL COMPENSATION

 

Employees traveling on behalf of the District and performing approved 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 District

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

 

Reimbursement for actual and necessary expenses will be allowed for travel outside the District if the employee received pre-approval for the travel.  Reimbursement for actual and necessary expenses for travel outside the District will be limited to pre-approved expenses.  Prior to reimbursement of actual and necessary expenses, the employee must provide the 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 a proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the 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 shall be reimbursed by the employee to the District no later than ten (10) working days following the date of the expense.  Reimbursement for actual and necessary expenses for travel outside the District will be limited to the pre-approved expenses. Pre-approved expenses for registration shall be limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the District administrative office shall be by automobile.  If a District vehicle is not available, the employee will be at the rate allowed (calculated in cents/mile).  Pre-approved expenses for transportation outside of three-hundred miles of the 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 District warrants a larger vehicle.

Pre-approved expense for lodging within the state is limited to $150.00 dollars per night. Pre-approved expense for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel.

Pre-approved expenses for meals within the state are limited to $25.00 per day.   Pre-approved expenses for meals outside the state are limited to $25.00 per day.  Meals may be pre-approved for a larger amount by the superintendent.

 

Travel Within the District

Employees required to travel in their personal vehicle between District buildings to carry out the duties of their position may be reimbursed at the rate (calculated in center per mile).  It is the responsibility of the superintendent to approve travel within the District by employees.  It is the responsibility of the Board to review the travel within the District by the superintendent through the Board's audit and approval process.

 

Approved:                Reviewed:                              Revised

September 20,2017

401.14 RECOGNITION FOR SERVICE OF EMPLOYEES

 

RECOGNITION FOR SERVICE OF EMPLOYEES

 

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

 

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

 

Approved:                Reviewed:                              Revised

September 20,2017

401.15 EMPLOYEE USE OF CREDIT CARDS

 

EMPLOYEE USE OF CREDIT CARDS

The Sigourney Community School District’s Board of Directors will determine whether the District will obtain and make available credit cards for the use by its employees.  If the Board determines that the District will obtain credit cards, the Board, upon the joint recommendation of the Superintendent and the Business Manager, will establish reasonable credit limits for each purchase, transaction, card and/or account.

District credit cards will be issued and/or made available to employees only for the time period and purpose for which they are needed.  The District’s administration, in consultation with the Board, will determine which employees will be issued and/or provided use of District credit cards and the time period that they are needed.  Prior to issuing and/or providing use of a District credit card to an employee, the employee shall be instructed and trained regarding the use of District credit cards and they will provide a written acknowledgement that they understand their responsibilities in regard to the use of District credit cards.  Employees will turn District issued and/or provided credit cards back to the District at the end of the time period for which they have been issued and/or provided or upon separation of employment.  Use of District issued credit cards is a privilege and the Superintendent may withdraw the privilege of using District issued credit cards at any time.

 

District credit cards shall be used for the actual and necessary expenses incurred by the employee 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 District transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of employees and/or the Board, and other expenses required by employees and/or the Board in the performance of their duties.

District issued and/or provided credit cards may be used only for business purposes; only in conjunction with the employee’s and/or the Board’s duties; and only in accordance with District policy and the law.  The District will not regard expenses for one's own business-related use, such as lodging and meals while on approved business trips, as personal purchases/transactions, as long as such expenses are consistent with the District’s travel and expense reimbursement policies, rules, and/or regulations.  Any personal expenses which could and should be segregated from allowable business expenses will be segregated from allowable business expenses.  The employee incurring the expense will be responsible for payment or reimbursement of any personal expenses which could and should be segregated from allowable business expenses, regardless of whether the personal expenses were segregated or were not segregated.  The employee shall reimburse the District for all charges the employee is responsible for within ten (10) business days.

 

Employees using a District credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, who used the card, and the purpose and nature of the expense for each claimed item.  All documentation regarding any purchases/transactions will be required to be turned into the District’s business office within five (5) business days of the purchase/transaction.  Failure to provide a proper receipt will make the employee responsible for expenses incurred.  Those expenses shall be reimbursed to the District no later than ten (10) business days following use of the 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 District's record of the claim.

 

The District will review and reconcile District credit card statements and purchases/transactions on a monthly basis and will verify that any items that were purchased were actually received.  The District will take action to follow up on any identified discrepancies in a timely manner.  No employee or officer will be allowed to review and approve their own purchases/transactions.  All credit card balances will be paid in full on a monthly basis.  

If an employee loses a District issued credit card or has a District issued credit card stolen, the employee must report the loss or theft of the credit card to the District immediately.  Upon report of a lost or stolen credit card, the District will notify the issuer of the card of the loss or theft and cancel the card.

If an employee or officer uses a District issued credit card for personal purchases/transactions in violation of this policy, the cost of such purchases/transactions will be the financial responsibility of that employee and the employee shall reimburse the District for the full amount of the unauthorized purchase/transaction.  In addition to financial responsibility for any purchases/transactions an employee makes with a company credit card in violation of this policy, such actions may result in revocation of card privileges and/or disciplinary or other legal action, depending upon the severity and nature of the offense.

 

Approved:                Reviewed:                              Revised

September 20,2017

401.16 EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

 

Materials created by employees and the financial gain there from are the property of the District if District materials and time were used in their creation and/or such materials were created in the scope of the employee's employment.

Approved:                Reviewed:                              Revised

September 20,2017

401.17 EMPLOYEE SUSPENSION

 

EMPLOYEE SUSPENSION

 

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

Approved:                Reviewed:                              Revised

September 20,2017

401.18 EMPLOYEE RESIGNATION

EMPLOYEE RESIGNATION

 

Licensed Employees

 

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the Board for return of a contract and pursuant to Iowa law.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature may be accepted by the Board.  The Board expects that all signed, fully executed contracts will be performed as stated.

 

Release from an executed contract following a resignation request from a licensed employee is at the sole discretion of the Board.  Licensed employees who wish to be released from an executed contract must give thirty (30) days written days’ notice to the Board secretary.  Only in unusual and extreme circumstances will the Board release a licensed employee from an executed contract.  The Board shall have sole discretion to determine what constitutes unusual and extreme circumstances.  Release from an executed contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been executed will be required to pay the Board the cost of advertising for a suitable replacement.  Upon written mutual agreement between the employee and the superintendent or, in the case of the superintendent, a designee of the Board, the costs may be deducted from the employee’s salary.  Payment of these costs shall be a condition for release from the contract at the discretion of the Board.  Failure of the licensed employee to pay these expenses will result in the employee not being released from the employee’s contract.

 

The superintendent is authorized to file a complaint with the Iowa Board of Educational Examiners against any licensed employee who leaves their employment with the District without proper release from their contract from the Board.  Should such an instance arise, the resignation of the licensed employee may be accepted under protest so that replacement staff may be hired without jeopardizing the legal rights of the district.

 

The Board may require a licensed employee 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 District.

 

Classified Employees

 

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.  Notice of the intent to resign will be in writing, shall provide ten (10) days’ notice and shall be directed to the superintendent.

 

Approved:                Reviewed:                              Revised

September 20,2017

402 CHILD/STUDENT ABUSE

402.1 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.  Employees are encouraged, and licensed employees are required as mandatory reporters, 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 will orally or in writing notify the Iowa Department of Human Services.  If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.  Within forty-eight (48) hours of the oral report, the mandatory reporter will file a written report with the Iowa Department of Human Services.

 

Within six (6) months of their initial employment, mandatory reporters will take a two (2) hour training course involving the identification and reporting of child abuse.  The course will be retaken at least every five (5) years.

 

 

 

Approved:   November 13, 2013                              Reviewed:                              Revised

 

402.1R1 CHILD ABUSE REPORTING REGULATION

Iowa law requires licensed employees to report to the Iowa Department of Human Services 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 civil or criminal liability.

 

Child Abuse Defined

 

"Child abuse" is defined under Iowa law 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 pursuant to Iowa law, as a result of the acts or omissions of the person responsible for the child.
  • 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 health and welfare when financially able to do so or 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 of 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 and confirmed by a licensed physician or qualified mental health professional as defined by Iowa law.
  • 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, manufactured a dangerous substance or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or 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 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.
  • Knowingly allowing a person custody or control of or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.

Teachers in public schools are not "persons responsible for the care of the child" under this definition.  However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

 

Reporting Procedures

Employees who are mandatory reporters are required to report, either orally or in writing, within twenty-four (24) hours to the Iowa Department of Human Services when, within the scope of their professional duties, the employee reasonably believes a child has suffered from abuse.  Within forty-eight (48) hours of an oral report, a written report must be filed with the Iowa Department of Human Services.

 

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

 

  • name, age, and home address of the child;
  • name and address of the parent(s), guardian(s) or other person(s) believed to be responsible for the care of the child;
  • the child's present whereabouts if different from the parent(s), guardian(s) or other person(s) legally responsible for the child;
  • 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.

 

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 Iowa Department of Human Services is responsible for investigating any incident of alleged abuse.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:                                 Reviewed:                              Revised

November 13, 2013

402.2 ABUSE OF STUDENTS BY DISTRICT EMPLOYEES

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

 

The District will respond promptly to allegations of abuse of students by 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 District has appointed a Level I investigator and alternate Level I investigator.  The 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 District.  The names of the investigators shall be listed in the student handbook, published annually in the local newspaper, and posted in all school facilities...

 

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

 

 

Approved:    November 13, 2013                             Reviewed:                              Revised

402.2R1 ABUSE OF STUDENTS BY DISTRICT EMPLOYEES REGULATION

Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.

 

1.       Physical Abuse.  The non-accidental physical injury to a student as a result of the actions of a District employee.  Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary or unreasonable use of force in discipline.

 

2.       Sexual Abuse.  Sexual offenses or misconduct as defined by Iowa Code Chapter 709.  This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.

 

To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity or in a school-related context.  The student need not be a student in the District and can be from another District.

 

It shall be the responsibility of the superintendent/designee to annually identify a designated investigator and an alternate investigator.  The names and telephone numbers of these investigators shall be included in the employee handbooks.

 

An individual who has knowledge an employee has physically or sexually abused a student shall immediately report it to the designated investigator or the alternate investigator if the investigator is named in the report.  The report shall be written, signed, and witnessed by a person of majority age.  The witness may be the Level I investigator.  The report shall contain a completed response for each question on the Level I reporting form.  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.

 

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

 

The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian, and the District employee named in the report.  Within five (5) school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true.   In the course of this investigation, the investigator shall interview the alleged victim, the District employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report. The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved.

 

The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely that an incident took place between the student and the District employee.  If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation.  In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report and shall document in writing the action taken. 

 

Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations.  The investigator may notify law enforcement authorities in serious cases of physical abuse.  In addition, the investigator shall: (1) file a copy of the report with the District employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed District employee, and (3) document all actions taken. 

 

Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.

 

 

 

 

Approved:  November 13, 2013                               Reviewed:                              Revised

402.2E1 ABUSE OF STUDENTS BY DISTRICT EMPLOYEES REPORT FORM

Complaint of Injury to or Abuse of a Student by a District Employee

 

Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.  A victim need not complete this form to make a valid complaint.

 

Student's name and address:                                                                                                                                                              

 

_____________________________________________________________________________

 

Student's telephone no.:                                                                       

 

Student's school:                                                                                   

 

Accused employee’s name and place of employment:

                                                                                                                      

 

                                                                                                                      

 

Allegation is of                 physical abuse              sexual abuse*

 

Please describe what happened.  Include the date, time, and where the incident took place, if known.  If physical abuse is alleged, also state the nature of the student's injury:                                                                                                           

 

____________________________________________________________________________

 

____________________________________________________________________________

 

Were there any witnesses to the incident or are there students or persons who may have information about this incident?      yes       no

 

If yes, please list by name, if known, or classification (for example: "third grade class," "fourth period geometry class"):                                  __________________        _

                                                                                                     ___________

 

*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation.  Please indicate "yes" if the parent/guardian wishes to exercise this right:

             Yes           No      Telephone Number                                

 

Has any professional person examined or treated the student as a result of the incident?      yes       no       unknown

 

If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known:                                                                                                                                                         __________________________________________________________________________________

 

Has anyone contacted law enforcement about this incident?      yes       no

 

Please provide any additional information you have which would be helpful to the investigator.  Attach additional pages if needed.

                                                                                                                     

                                                                                                                     

                                                                                                                     

                                                                                                                     

                                                                                                                     

 

Your name, address and telephone number:

                                                                                                                     

                                                                                                                     

 

Relationship to student:                                                                                

 

Complainant Signature                                          Witness Signature

 

                                                                             ______________________________   

Date                                                                     Witness Name (please print)

                                                                                                                                                                                                                                                                                                                             __________

                                                                             Witness Address

                          

Be advised that you have the right to contact the police or sheriff's office, the county attorney, a private attorney or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident.  The filing of this report does not deny you that opportunity.

 

You will receive a copy of this report (if you are the named student's parent or guardian) and a copy of the Investigator's Report within fifteen (15) calendar days of filing this report unless the investigation is turned over to law enforcement.

 

402.2E2 ABUSE OF STUDENTS BY 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:              

 

Allegation if of        _________physical abuse   ___________sexual abuse*

 

Describe the nature, extent and cause of the student's injury, if any and if known:  (Attach additional pages if needed).

                                                                                                                    

                                                                                                                    

                                                                                                                    

                                                                                                                    

                                                                                                                    

 

Describe your investigation:  Attach additional pages if needed.  (Please do not use student witnesses' full names.)

                                                                                                                     

                                                                                                                     

                                                                                                                     

                                                                                                                     

                                                                                                                     

 

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?

 

             Yes        No        Was the right exercised?        Yes          No

 

 

 

Were audio tapes made of any interviews?      yes       no

 

Were video tapes made of any interviews?      yes       no

 

Was any action taken to protect the student during or as a result of the investigation?      yes       no

 

        If yes, describe:

 

            student excused from school                           school employee placed on

                                                                                 administrative 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

403 EMPLOYEE HEALTH AND WELL-BEING

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

Employees will be required to submit to a pre-employment physical examination after an offer of employment has been made and before the beginning of service.  The District will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  A written report of the physical examination shall be submitted to the District.  The date by which any such physical examination report shall be submitted to the District shall be determined by the superintendent, but in no case shall be any less than five (5) business days prior to the first working day.

 

Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and every two years thereafter.

 

Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to himself/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.

 

All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentiality laws.

The cost of an initial physical examination is set through negotiations and the certified bargaining unit for certified staff.  Classified staff will be reimbursed at a rate set by the Board.

 

The District will provide the standard examination form to be completed by the personal physician of the employee.  The District also reserves the right to request additional physical or mental evaluation as deemed by a licensed physician for job performance.

 

Approved:  November 13, 2013                               Reviewed:                              Revised

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 employee’s family or an individual of close relationship, as soon as the 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 District is not responsible for medical treatment of an injured employee.

 

It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four (24) hours of the occurrence.  It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four (24) hours after the employee reported the injury.

 

It is the responsibility of the Board secretary to file workers’ compensation claims.

 

 

 

Approved:  November 13, 2013                               Reviewed:                              Revised

 

403.3 COMMUNICABLE DISEASES - EMPLOYEES

The District recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees.  The District also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.

 

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 pose a direct threat.  A direct threat occurs when an individual poses a significant risk of substantial harm to himself/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.

 

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

 

An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the superintendent any time the employee is aware that the employee’s condition poses a direct threat.  Any individual who has information that a District employee may have a communicable disease is encouraged to report the information to the superintendent.

 

The superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the District environment constitutes a direct threat.  In making this determination, the superintendent shall consider credible, objective evidence.  If the superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the District or public health officials, to confirm the superintendent’s determination.

 

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 and are treated as a confidential medical records subject to state and federal laws.

 

 

 

 

Approved:    November 13, 2013                             Reviewed:                              Revised

403.3R1 UNIVERSAL PRECAUTIONS REGULATION

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus, and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious. 

 

The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

 

Hand Washing

 

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

 

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

 

Barriers

 

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

 

 

 

Disposal of Waste

 

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

 

Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

 

Clean up

 

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

 

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

Laundry

 

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

 

Exposure

 

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

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

 

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

 

403.3R2 HEPATITIS B VACCINE INFORMATION

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.

 

 

CONSENT OF HEPATITIS B VACCINATION

 

I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I consent to be vaccinated for Hepatitis B.

 

                                                                                                                                               

Signature of Employee (consent for Hepatitis B vaccination)           Date

 

                                                                                                                                                 

Signature of Witness                                                                           Date

 

 

REFUSAL OF HEPATITIS B VACCINATION

 

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself.  However, I decline the Hepatitis B vaccination at this time.  I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

 

                                                                                                                                               

Signature of Employee (refusal for Hepatitis B vaccination)             Date

 

                                                                                                                                               

Signature of Witness                                                                           Date

 

I refuse because I believe I have (check one):

                  started the series                                            completed the series

 

 

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

 

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the Sigourney Community School District, my Hepatitis B vaccination records for required employee records.  I hereby further authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

 

                                                                                                                                               

Signature of Employee                                                                        Date

                                                                                                                                                 

Signature of Witness                                                                           Date

403.3R3 HEPATITIS B VACCINE CONFIDENTIAL RECORD

                                                                                                            ____________________

Employee Name (last, first, middle)                                                   Social Security No.

                                                                                                                           

Job Title:                                                                                                                                                          

Hepatitis B Vaccination Date              Lot Number          Site           Administered by                    

1                                                                                                                                               

2                                                                                                                                               

3                                                                                                                                             

                                                                                                                                                             

Additional Hepatitis B status information:                                                                                                                                   

                                                                                                                                               

                                                                                                                                               

                                                                                                                           

Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)              

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               
 

Identification and documentation of source individual:                                                         

 

Source blood testing consent:                                                                            

                                                                                                                                               

                                                                                              

Description of employee's duties as related to the exposure incident:                                  

                                                                                                                                                           

                                                                                                                                                                                                                  

Copy of information provided to health care professional evaluating an employee after an exposure incident:                                                                                                                       

                                                                                                                                                             

                                                                                                                           

Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.

                                                                                                                           

Training Record: (Date, time, instructor, location of training summary)

                                                                                                                                               

                                                                                                                                                             

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403.4 HAZARDOUS CHEMICAL DISCLOSURE

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

 

Each employee shall annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, 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 when which hazardous substances are present in the workplace and training and information sessions take place.

 

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

 

The Sigourney Community School District Right to Know information is located at http://____________________.

 

 

 

Approved:     November 13, 2013               Reviewed:                              Revised

403.5 USE OF TOBACCO PRODUCTS BY EMPLOYEES

It is the goal of the Board to have a smoke and tobacco-free environment in all District owned and operated motor vehicles and buildings.  All District owned or operated motor vehicles, buildings or District owned or leased property shall be off limits for smoking and/or using tobacco products.  This ban extends to all individuals.

 

Persons violating this policy shall be asked to refrain from smoking and/or using tobacco products.  Persons failing to abide by this request shall be required to leave the District premises or property immediately.

 

The Board encourages spectators to refrain from smoking and/or using tobacco products at all outdoor school sponsored or school approved events.

 

It shall be the responsibility of all District personnel to adhere to and enforce this policy.

 

 

 

Approved:         November 13, 2013               Reviewed:                              Revised

403.6 SUBSTANCE-FREE WORKPLACE

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

 

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five (5) days of the conviction.

 

Employees shall abide by the terms of this policy respecting a drug-free workplace.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  After a violation, the superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  If the employee fails to successfully participate in a substance abuse treatment program, the employee may be subject to discipline up to and including termination.

 

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

 

 

 

Approved:   November 13, 2013                 Reviewed:                              Revised

 

403.6R1 SUBSTANCE-FREE WORKPLACE REGULATIONS

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

  1. Identification - The superintendent will document the evidence the superintendent has which leads the superintendent to believe the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a possible violation of the Substance-Free Workplace policy, the superintendent will discuss the situation 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 their supervisor of the conviction within five (5) days of the conviction.

 

403.6R2 SUBSTANCE-FREE WORKPLACE NOTICE

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 federal law.

 

"Workplace" is defined as the site for the performance of work done in the capacity as an employee.  This includes District facilities, other District premises or District vehicles.  Workplace also includes non-District property if the employee is at any District-sponsored, District-approved or District-related activity, event or function, such as field trips or athletic events where students are under the control of the District or where the employee is engaged in District business.

 

The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

 

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the 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 (5) days after the conviction.

403.6R3 SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

 

 

                                                                                                                                               

(Signature of Employee)                                                        (Date)

403.7 DRUG AND ALCOHOL TESTING OF EMPLOYEES OPERATING DISTRICT VEHICLES

The purpose of this policy is to provide guidance with respect to drug and alcohol testing of District employees who drive a vehicle transporting sixteen (16) or more persons, including the driver, and who drive vehicles weighing over 26,001 pounds requiring a commercial driver's license.

 

Drug and alcohol testing of employees and applicants shall be conducted in accordance with state and federal law.

 

Refusal by an employee to submit to alcohol or drug tests shall result in immediate suspension and shall be grounds for termination.  Any employee of the District who tests positive for alcohol or drug use in violation of District policies and procedures may, on the first offense, be subject to discipline, including termination or may be referred for substance abuse evaluation and rehabilitation.  The employee shall not return to work until released by a licensed substance abuse professional approved by the District and until all other requirements are met.  A second offense will result in immediate termination of the employee’s employment with the District.

 

 

Approved:  November 13, 2013                  Reviewed:                              Revised

403.7R1 DRUG AND ALCOHOL TESTING REGULATIONS

These procedures support the Drug and Alcohol Testing policy required for employees operating school vehicles, and establish and explain the requirements of the District's Alcohol and Drug Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.

 

A.       Questions regarding the policy, its supporting procedures or the drug and alcohol testing program may be directed to the District contact person, the transportation director, with the superintendent serving as an alternate.

 

B.      Covered Drivers

 

1.       To be covered under this Alcohol and Drug Testing Policy, a driver must:

a.       Drive a vehicle transporting sixteen (16) or more persons, including the driver or drive a vehicle weighing over twenty-six thousand pounds; and

b.       Require a commercial driver's license to hold the driver position.

 

                   2.       Covered drivers include, but are not limited to, the following:

                             a.       Full-time, regularly employed drivers;

                             b.       Applicants seeking a position as a driver;

                             c.       Casual, intermittent or occasional drivers;

d.       Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of the District.

 

          C.      Prohibited Driver Conduct

1.       Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.

2.       Drivers shall not use alcohol at least eight (8) hours prior to the performance of a safety sensitive function.

3.       Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment.  This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.

4.       Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

 

5.       Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.

6.       Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.

7.       Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.

 

          D.      Alcohol Testing Procedures

                   1.       An employee driver's breath is tested for alcohol.

2.       Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation, alcohol tests.

a.       The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.

i.        An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

ii.       An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.

b.       The confirmation alcohol breath test determines whether the driver can continue to drive.

i.             A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

ii.           A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.

iii.          A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.

3.       Alcohol testing is conducted at collection sites that provide privacy to the driver and contain the necessary equipment, personnel and materials.

a.       Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.

b.       In the event privacy cannot be assured, privacy will be provided to the extent practical.

 

 

                   4.       Initial Alcohol Testing Steps

a.       Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the transportation director, with the superintendent serving as an alternate, if a driver does not arrive at the specified time.

                             b.       Upon arrival, the driver must provide photo identification.

c.       The testing procedure is explained to the driver by the collection site person.

d.       The breath alcohol technician (BAT) or the screening test technician (SIT) and the driver complete and sign the appropriate sections of the alcohol testing form.

i.             Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.

ii.           The District is notified immediately of the driver's refusal to sign.

5.       Evidentiary Breath Device Procedures

a.            The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.

b.            The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:

i.             A physician analyzes the driver's inability to provide adequate breath;

ii.           Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath; and

iii.          A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

c.            The results of the screening alcohol test are shared with the driver.

6.       Saliva Alcohol Testing Device Procedures

a.            The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

b.            The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person may place the swab in the driver's mouth.

c.            The saliva alcohol testing device is activated with the saturated swab in place.

d.            The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:

i.     The District is informed; and

ii.   The driver must submit to a breath alcohol test immediately.

e.            The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.

f.             The results are shared with the driver.

7.            Confirmation Alcohol Testing Procedures

a.            The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.

b.            If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.

c.            The testing procedure is explained to the driver by the collection site person.

d.            The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.

                                                             i.                Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.

                                                           ii.                The District is notified immediately of the refusal to sign.

e.            The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.

f.             The confirmation test results, which are the final and official test result, are shared with the driver.

g.            The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.

h.           The BAT informs the transportation director, with the superintendent serving as an alternate, of the results of the test in a confidential manner.

                                                             i.                The BAT notifies the transportation director, with the superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.

                                                           ii.                If the BAT informs the transportation director with the superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.

                                                          iii.                The BAT provides the transportation director, with the superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.

i.     Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.

E.      Drug Testing Procedures

1.       Driver's urine is tested for marijuana, cocaine, opiates, amphetamines, and phencyclidine.

          2.       A split sample urine test is used to conduct the drug test.

a.       A negative drug test result allows the driver to continue to perform a safety sensitive function.

b.       A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.

c.       A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.

d.       A driver's refusal to test is considered a positive drug test result.

e.       A positive drug test result requires the driver to be evaluated by a SAP.

3.       Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse effect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.

4.       Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.

a.       Drug testing is conducted at a designated non-school District facility.

b.       In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:

i.        Reasons exist to believe the driver may alter or substitute the specimen;

ii.       The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided;

iii.      The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;

iv.      The collection site person observes conduct to substitute or adulterate the specimen; and/or

v.       The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.

c.       Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.

                   5.       Drug Testing Steps

a.       Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the transportation director, with the superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.

b.       Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.

c.       The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.

d.       Immediately prior to providing a urine sample, the driver must wash their hands.

e.       The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.

i.        Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.

ii.       The drug test is stopped when the driver fails twice to provide an adequate amount of urine.

iii.      A physician analyzes the driver's inability to provide adequate urine.

iv.      Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.

f.        The specimen must be kept in view of the driver and the collection site person.

g.       Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.

h.       The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.

i.        The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.

j.        Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.

k.       The specimen is divided into the primary and split specimen, sealed, and labeled.  The label is initialed by the driver.

l.        The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.

m.      The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.

n.       The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.

o.       The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.

                   6.       Laboratory

a.       The laboratory used by the District's alcohol and drug testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.

b.       Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.

i.        A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.

ii.       The split specimen is discarded if the primary specimen has a negative test result.

                   7.       Medical Review Officer (MRO) reviews drug test results.

a.       The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.

b.       The MRO keeps a record of the negative test result and reports the negative test result to the District.

c.       The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.

i.        After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.

 

ii.       Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.

iii.      The MRO contacts the transportation director, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.

iv.      The transportation director, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.

v.       Upon contacting the driver, the transportation director, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.

vi.      Upon contacting the driver, the transportation director, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.

v.       Drivers who cannot be contacted are placed on temporary leave without pay.

d.       The MRO may verify a positive test without talking to the driver if:

i.        The driver declines the opportunity to discuss the drug test;

ii.       The driver fails to contact the MRO within five (5) days after the transportation director, with the superintendent serving as an alternate, has contacted the driver; or

iii.      MRO verification of positive test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury, or other circumstances unavoidably preventing the driver from timely contacting the MRO.  The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.

e.       The driver is notified of the drugs found in a positive test result by the MRO, the transportation director, with the superintendent serving as an alternate, or by certified mail to the driver's last known address.

f.        The District receives a written report of the negative and positive test results from the MRO.

          F.       Substance Abuse Professional

1.       A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:

                             a.       Has a positive drug test;

b.       Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or

c.       Otherwise violated this policy or its supporting procedures or the law.

2.       The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.

                   3.       A local SAP will provide assistance to the drivers.

          G.      Pre-Employment Testing

1.       Drivers shall submit to an alcohol and drug test if a job offer is made. The job offer is contingent upon:

                             a.       A negative alcohol and drug test result; and

b.       A signed written statement authorizing former employers to release all information on the driver related to alcohol.

2.       Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:

                             a.       Alcohol test results of 0.04 or greater;

                             b.       Positive drug test results; and

                             c.       Refusals to be tested.

          H.      Random Testing

1.       Annually, ten percent (10%) of the average number of drivers are selected for random alcohol tests and ten percent (10%) of the average number of drivers are selected for random drug tests.

2.       The drivers' identification numbers are selected by a scientific method giving drivers an equal chance to be selected.

3.       Random tests are unannounced and performed throughout the year.

4.       Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.

5.       Drivers selected for random drug testing are informed as soon as possible after the transportation director, with the superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.

6.       The selected driver must proceed immediately to the collection site. However, drivers performing a safety sensitive function must safely stop and proceed to the collection site as soon as possible.

          I.        Reasonable Suspicion Testing

1.       Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.

2.       Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.

a.       A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion.  To meet the two-hour requirement, the transportation director, with the superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.

b.       If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.

c.       If the alcohol test is not given within eight (8) hours, attempts to test are stopped and the reason for not testing must be documented.

3.       A reasonable suspicion test request is made by an employee who has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four (24) hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.  The transportation director and have received the required Reasonable Suspicion Training.

          J.       Post-Accident Testing

1.       Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:

                             a.       A fatality occurred; or

                             b.       The driver received a citation and the following occurred:

i.        Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or

ii.       A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.

                   2.       Drivers must remain readily available for post-accident testing.

a.       Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.

b.       Drivers subject to post-accident testing will be taken to the collection site by the transportation director, superintendent, or his/her designee.

c.       Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.

                   3.       Alcohol Testing Requirements

a.       Administered within two (2) hours and no later than eight (8) hours of the accident;

b.       Reasons for administering the test later than two (2) hours after the accident must be documented;

c.       Reasons for not administering the test within eight (8) hours of the accident must be documented; and

d.       Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.

                   4.       Drug Testing Requirements

a.       Administered as soon as possible and not later than thirty-two (32) hours after the accident; and

 

b.       Reasons for not administering the test must be documented.

5.       Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests are presumed valid if the testing conforms with the law.  The District must receive a copy of the results to use them.

          K.      Return-to-Duty/Follow-Up Testing

1.       Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:

a.       The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;

b.       The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and

c.       The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.

2.       For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.

3.       After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.

a.       The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.

b.       Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.

          L.       District’s Responsibilities

1.       Information on the alcohol and drug testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.

2.       Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.

3.       Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with alcohol and drug testing requirements.

4.       School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.

5.       School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.

6.       The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.

7.       The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.

M.      Consequences of Violating this Policy, the Supporting Procedures or the Law

1.       The superintendent may discipline drivers who violate this policy, the supporting procedures or the law relating to alcohol and drug testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:

a.       Drivers may be disciplined up to and including termination;

b.       Drivers may not be permitted to perform safety sensitive functions;

c.       Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs;

d.       Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;

e.       Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;

f.        Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or

g.       Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.

2.       Nothing in this policy, the procedures or the law relating to alcohol and drug testing limits or restricts the right of the superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.

N.      Alcohol and Drug Testing Records

1.       Alcohol and drug testing records are stored in limited access locations separate and apart from the driver's general personnel documents.

 

2.       The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released. However, the following exceptions apply:

a.       Records may be released to appropriate government agencies without written consent; and

b.       Records may be released to appropriate District employees without written consent.

c.       The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.

3.       Drivers are entitled to make a written request to prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than alcohol and drug testing records.  The District may charge for copying these records in accordance with Board policy.

4.       The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:

          a.       One year:

i.        Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;

                   ii.       Records related to the collection process;

                   iii.      Records related to a driver's test results;

                   iv.      Records related to other violations of the law;

                   v.       Records related to evaluations;

                   vi.      Records related to education and training; and

                   vii.     Records related to drug testing.

          b.       Two years:

i.        Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.

                             c.       Five years:

                                      i.        Alcohol test results of 0.02 BAC and greater;

                                      ii.       Verified positive drug test results;

iii.      Documentation of refusal to take required alcohol and/or drug tests;

                                      iv.      EBT calibration documentation;

                                      v.       Driver evaluation and referrals; and

                                      vi.      Annual calendar year summary.

          O.      Pay for Time Spent Testing.

1.       For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;

2.       For reasonable suspicion testing, time will be paid pursuant to (1) above;

                   3.       For post-accident testing, time will be paid pursuant to (1) above;

                   4.       For pre-employment testing, no time will be paid;

5.       For time spent in follow-up testing required by the SAP, no time will be paid; and

6.       Drivers will be paid for time spent testing at the pay rate for activity and field trip drivers.

          P.       Leave

1.       If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee is granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.

2.       If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:

a.       The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;

b.       Paid days are limited to what the employee has accumulated in sick leave; and

c.       When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.

          Q.      Payment for Services

                   1.       The District pays for all testing services.

2.       The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.

3.       The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.

R.      The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver, who becomes a second time offender under this policy, will be subject to immediate termination.

S.       Definitions

 

Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

 

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 evidential 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 individuals in the alcohol testing process and operates an EBT.

 

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. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It 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 account(s) for the sample or samples 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 an initial test with a result of 0.02 BAC 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 of metabolite that is independent of the initial test and which uses a different technique and chemical principal 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: full­time, 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 District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver of school vehicle 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 or saliva 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 an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.

 

Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and 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 sensitive functions.

 

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

 

Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.

 

Safety Sensitive Function (SSF) - the period of time commencing 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.

 

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

 

Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

 

Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a 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 Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

403.7R2 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

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

 

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

 

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district’s contact person.

 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.

 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations 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, regulations or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional. Employees are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.

403.7R3 DRUG AND ALCOHOL TESTING PROGRAM EMPLOYMENT AND PRE-EMPLOYMENT TESTING ACKNOWLEDGMENT FORM

I,   _____________________________, have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Sigourney Community School District and its supporting documents. 

 

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

 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, if recommended by the substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.

 

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understand its contents.

 

Furthermore, I know and understand that I am required to submit to a controlled substance 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)

403.7R4 DRUG AND ALCOHOL TESTING NOTIFICATION FORM

Date ____________________

 

Employee Name: ___________________________________________

 

Employee Social Security #: ___________________________________

 

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

 

_____DRUG

_____ALCOHOL

 _____DRUG AND ALCOHOL

 

Type of Test: _______________________________________________

 

Time Sent by District: _________________ District Contact Person: _______________

 

Time Arrived by Collection Site: ___________ Site Contact Person: ________________

 

Time Test Completed: _________________________

 

 

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

 

NEED TO PROVIDE ADDRESS OF COLLECTION SITE

 

 

Employee Signature: _______________________________ Date: ________________

403.7R5 DRUG AND ALCOHOL TESTING PROGRAM REFERRAL TO SUBSTANCE ABUSE PROFESSIONAL ACKNOWLEDGMENT FORM

I, _________________________________________, understand that I 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 with the district; 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 the complete the substance abuse evaluation my 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 recommended substance abuse treatment program, if any, to the school district and I understand that my failure to release these records my subject me to discipline up to and including termination.

 

 

 

Signature of Employee: ____________________________________Date____________

 

403.8 Maternity Leave Policy

Policy 403.8

 

SIGOURNEY COMMUNITY SCHOOL DISTRICT

MATERNITY LEAVE POLICY

The Sigourney Community School District Maternity Leave Policy as described in this document has been approved by the District’s Board of Directors. This Policy is effective July 1, 2016, specifically with all maternity leave beginning after July 1, 2016. This Policy replaces any and all previous policies, procedures and/or practices relating to maternity leave, whether written or unwritten, except this Policy does not replace and/or supersede any collective bargaining agreement involving the Sigourney Community School District and any bargaining unit.

The Sigourney Community School District will follow all applicable state and federal laws with respect to an employee’s maternity leave.

An employee wishing to take maternity leave shall notify her supervisor as soon as possible regarding her anticipated due date. An employee will be required to complete FMLA paperwork so that any maternity leave that qualifies as FMLA leave is designated as FMLA leave. If an employee does not complete and/or return the required FMLA paperwork, the District may designate that employee’s qualifying leave as FMLA leave.

An employee wishing to use maternity leave must provide her supervisor an estimated return date no later than two (2) months prior to the anticipated due date. An employee on maternity leave should notify her supervisor no later than two (2) weeks prior to the conclusion of her leave of her intent to return to work and confirm her anticipated return date.

An employee may use six (6) to eight (8) weeks of the employee’s available sick leave as paid leave due to pregnancy, childbirth, or a related condition. An employee’s pregnancy or related condition is a temporary disability. The amount of leave provided will be determined based upon the period of disability, as identified by the employee’s health care provider.

The paid maternity leave shall start following the birth of the child. An employee whose paid maternity leave begins during a time the employee is not expected to report to work (i.e., during the summer) shall not be deducted any sick leave during the time the employee is not expected to report

An employee may use additional available sick leave as paid maternity leave following the birth of the child, only if the employee provides a note from her health care provider stating the additional leave is necessary for the health of the employee and submits said request to the superintendent no later than two (2) weeks prior to the use of the additional available sick leave. Any and all paid leave used as maternity leave will run concurrently with any FMLA leave available.

An employee taking unpaid maternity leave who has amounts normally withheld from the employee’s paycheck (i.e., for the employee’s portion of any insurance premiums), shall contact the District’s payroll administrator regarding how the employee will pay for these withholdings.

 For example, an employee who gives birth on August 1 is entitled to six weeks of maternity leave from this date. However, the employee will not be deducted any sick leave days until August 15 (the first day she would normally report to work, but does not).

Approved:       7/13/16                        Reviewed: _________________                             

404 EMPLOYEE PROFESSIONAL GROWTH

404.1 EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by employees and the financial gain there from are the property of the District if District materials and time were used in their creation and/or such materials were created in the scope of the employee's employment.

 

405 EMPLOYEE FAMILY AND MEDICAL LEAVE ACT

405.1 EMPLOYEE FAMILY AND MEDICAL LEAVE

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

 

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

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

 

 

Approved:       November 13, 2013                          Reviewed:                                 Revised

405.1E1 FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

FAMILYAND MEDICAL LEAVE NOTICE TO EMPLOYEES

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

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

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

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

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


Military Family Leave Entitlements


Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies.

Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.


Benefits and Protection


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

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


Job Eligibility Requirements


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


Definition of Serious Health Condition


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

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


Use of Leave


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


Substitution of Paid Leave for Unpaid Leave


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


Employee Responsibilities                      


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

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


Employer Responsibilities


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

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


Unlawful Acts by Employers


FMLA makes it unlawful for any employer to:

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

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

Enforcement                                                              

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

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

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

If you have access to the Internet visit FLMA’s website: http://www.dol.gov/esa/whd/fmla.

To locate your nearest Wage-Hour Office, phone our toll-free information at 1-866-487-9243 or to the Web site at: http://www.wagehour.dol.gov.

For a listing of records that must be kept by employers to comply with FMLA visit the U.S. Dept. of Labor’s website: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.500.htm

 

405.1E2 EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:                    

 

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

 

                for the birth of my child;

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

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

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

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

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

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

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

 

 

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

 

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

 

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

 

                continuous

 

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

 

                intermittent leave for the:

 

              

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

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

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

 

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

 

 

               Details of the needed intermittent leave:

                                                                                                                                                                                                                                       

               I anticipate returning to work at my regular schedule on                  .

 

                reduced work schedule for the:

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

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

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

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

 

               Details of needed reduction in work schedule as follows:

                                                                                                                                                                                                                   

               I anticipate returning to work at my regular schedule on                  .

 

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

 

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

 

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

 

 

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

 

Signed                                            

 

Date                                               

 

405.1E3 EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

1.     Employee's Name                                                            

 

2.     Patient's Name (if different from employee)                                

 

3.     The attached sheet describes what is meant by a "serious health condition" under the Family and Medical Leave Act.  Does the patient's condition, for which the employee is taking FMLA leave, qualify under any of the categories described?  If so, please check the applicable category.

 

        (1)       (2)       (3)       (4)       (5)       (6)    

        or     None of the above

 

4.     Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet the criteria of one of these categories:

 

5.     a.   State the approximate date the condition commenced, and the probable duration of the condition (and also the probable duration of the patient's present incapacity, i.e. inability to work, attend school or perform other regular activities due to the serious health condition, treatment therefor, or recovery therefrom, if different):

 

 

        b.   Will it be necessary for the employee to take work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in Item 6 below)?

 

 

             If yes, give the probable duration:

 

        c.   If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity:

 

6.     a.   If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments:

 

             If the patient will be absent from work or other daily activities because of treatment on an intermittent or part-time basis, also provide an estimate of the probable number of and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery if any:

 

        b.     If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:

 

 

        c.     If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g. prescription drugs, physical therapy requiring special equipment):

 

7.     a.     If medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to pregnancy or a chronic condition), is the employee unable to perform work of any kind?

 

        b.     If able to perform some work, is the employee unable to perform any one or more of the essential functions of the employee's job (the employee or the employer should supply you with information about the essential job functions)?

 

               If yes, please list the essential functions the employee is unable to perform.

 

        c.     If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?

 

8.     a.     If leave is required to care for a family member of the employee with a serious health condition, does the patient require assistance for basic medical or personal needs or safety, or for transportation?

 

        b.     If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in the patient's recovery?

 

        c.     If the patient will need care only intermittently or on a part-time basis, please indicate the probable duration of this need:

 

                                                                               

(Signature of Health Care Provider)     (Type of Practice)

 

 

                                                                               

(Address)                               (Telephone Number)

 

 

To be completed by the employee needing family leave to care for a family member.

 

State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:

 

 

 

                                                                               

(Employee Signature)                    (Date)

 

A serious health condition means an illness, injury impairment, or physical or mental condition that involves one of the following:

1.     Hospital Care - In patient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

2.     Absence Plus Treatment - A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

        a.     treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g. physical therapist) under the orders of, or on referral by, a health care provider; or

        b.     treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

3.     Pregnancy - Any period of incapacity due to pregnancy or for prenatal care.

4.     Chronic Conditions Requiring Treatments - A chronic condition which:

        a.     requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

        b.     continues over an extended period of time (including recurring episodes of a single underlying condition); and

        c.     may cause episodic rather than a period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).

5.     Permanent/Long-term Conditions Requiring Supervision - A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider.  Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

6.     Multiple Treatments (Non-chronic Conditions) - Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy), radiation, etc.), severe arthritis (physical therapy) and kidney disease (dialysis).

405.1R1 EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.       District Notice.

          1.   The District will post the family and medical leave notice regarding family and medical leave.

          2.   Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.

          3.   When an employee requests family and medical leave, the District will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

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

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

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

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

 

B.      Eligible employees.

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

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

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

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

2.    If the employee requesting leave is unable to meet the above criteria,

    the employee is not eligible for family and medical leave.

 

C.    Employee Requesting Leave (two types of leave)

        1.     Foreseeable family and medical leave.

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

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

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

        2.     Unforeseeable family and medical leave.

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

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

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

 

D.    Eligible family and medical leave determination.

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

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

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

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

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

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

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

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

3.       Medical certification.

               a.     When required:

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

                       ii.     Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member; and/or

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

 

 

               b.     Employee's medical certification responsibilities:

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

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

                       iii.    If the second health care provider disagrees with the first health care provider, then the District may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the District and paid for by the District.  This certification or lack of certification is binding upon both the employee and the District.

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

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

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

 

E.    Entitlement.

 

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

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

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

               a.     Deny the leave if entitlement is exhausted;

               b.     Award leave available; and/or

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

 

F.     Type of Leave Requested.

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

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

               a.     Intermittent leave is available for:

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

G.    Special Rules for Instructional Employees.

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

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

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

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

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

               a.     If an instructional employee begins family and medical leave for any purpose more than five (5) weeks before the end of a semester, the District may require that the leave be continued until the end of the semester if the leave will last at least three (3) weeks and the employee would return to work during the last three (3) weeks of the semester if the leave was not continued.

               b.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five (5) weeks of a semester, the District may require that the leave be continued until the end of the semester if the leave will last more than (2) two weeks and the employee would return to work during the last two (2) weeks of the semester.

               c.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three (3) weeks of the semester and the leave will last more than five (5) working days, the District may require the employee to continue taking leave until the end of the semester.

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

 

H.    Employee responsibilities while on family and medical leave.

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

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

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

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

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

 

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

 

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

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

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

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

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

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

 

405.1R2 EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a) (13) of title 10, U.S. Code.

 

Common Law Marriage-according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

 

Contingency Operation - has the same meaning given such term in section 101(a) (13) of title 10, U.S. Code.

 

Continuing Treatment-a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

·       A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three (3) consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

        --     treatment two (2) or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

        --     treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.

·       Any period of incapacity due to pregnancy or for prenatal care.

·       Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

        --     requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

        --     continues over an extended period of time (including recurring episodes of a single underlying condition); and

        --     may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

·       Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

·       Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

 

Covered Service member - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is otherwise on the temporary disability retired list, for a serious injury or illness.

 

Eligible Employee-the District has more than fifty (50) employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve (12) months and has worked at least 1250 hours within the previous year.

 

Essential Functions of the Job-those functions which are fundamental to the performance of the job.  It does not include marginal functions.

 

Employment Benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

 

Family Member-individuals who meet the definition of son, daughter, spouse or parent.

 

Group health plan-any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees or the families of such employees or former employees.

 

Health care provider-

·       A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

·       Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and

·       Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

·       Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;

·       Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;

·       A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

 

In Loco Parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

 

Incapable of Self-Care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

 

Instructional Employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.

 

Intermittent Leave-leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

 

Medically Necessary-certification for medical necessity is the same as certification for serious health condition.

 

"Needed to Care For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

 

Next of Kin - an individual's nearest blood relative

 

Outpatient Status - the status of a member of the Armed Forces assigned to one of the following:

·         either a military medical treatment facility as an outpatient; or,

·         a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

 

Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

 

Physical or Mental Disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

 

Reduced Leave Schedule-a leave schedule that reduces the usual number of hours per workweek or hours per workday, of an employee.

 

 

 

 

Serious health condition

        ·       An illness, injury, impairment or physical or mental condition that involves:

        ·       Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity

               (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) or any subsequent treatment in connection with such inpatient care; or

        --     Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:

               --     A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three (3) consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

                       --     Treatment two (2) or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or

                       --     Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

        --     Any period of incapacity due to pregnancy or for prenatal care.

        --     Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

               --     Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

               --     Continues over an extended period of time (including recurring episodes of a single underlying condition); and

               --     May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

        --     A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.

        --     Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

 

 

·       Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

·       Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

·       Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

·       Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three (3) days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

 

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating.

 

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

 

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

406 OTHER LICENSED EMPLOYEES

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

 

Substitute teachers will be paid per diem rate.  Substitutes employed for five (5) or more consecutive days in the same position shall be paid BA, Step 1 Level.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

 

 

Approved:   November 13, 2013                     Reviewed:                              Revised

406.2 TRUANCY OFFICER

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

 

 

 

 

Approved:  November 13, 2013                      Reviewed:                              Revised

407 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT

407.1 COMPLIANCE WITH THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT

The District is an employer subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) signed into law on April 7, 1986. The law contains provisions that speak to continuation of group health plans for individuals beyond normal termination dates.

 

The District will abide by the provisions of this act and all accompanying rules and regulations.

 

 

Approved:     November 13, 2013                   Reviewed:                              Revised

407.2 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT REGULATIONS

The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides that qualified employees and dependents in the groups listed below who were not previously able to continue on a group health plan may now elect to continue on the group health plan.

 

Qualified employees and dependents are:

1.       Employees: Termination of employment (including involuntary termination for any reason other than gross misconduct); or a reduction in number of hours worked;

2.       Dependents: Divorce or legal separation; the employee's death; or an active employee's decision to drop out of the plan upon his/her entitlement to Medicare; and/or

3.       Dependent Children: Loss of status as a dependent for any reason (e.g., attainment of maximum age, marriage, etc.).

 

If an employee becomes ineligible by virtue of (1) above, that employee (and his/her then covered dependents) must be offered continuation for the period beginning on the date coverage would otherwise cease and ending on the earliest of:

a.       the last day of the plan month for which the employee makes timely payment of any required premium;

b.       the date on which the group health plan is ended (and not replaced);

c.       with respect to each employee and dependent, the date that person becomes covered under another group health plan or becomes entitled to Medicare; or

d.       the date eighteen (18) months after the date continuation begins.

 

If an employee's dependent(s) become eligible by virtue of (2) or (3) above, such dependent(s) must be offered continuation for the period beginning on the date coverage would otherwise cease and ending on the earliest of:

a.       the last day of the plan month for which the dependent(s) makes timely payment of any required premium;

b.       the date on which the group health plan is ended (and not replaced);

c.       with respect to each dependent, the date that person becomes covered under another group health plan or becomes entitled to Medicare; or

d.       the date thirty-six (36) months after the date continuation begins.

 

The following provision of the law providing for continuation of benefits will also apply:

1.       During the period of continuation, qualified employees/dependents will be treated as if normal plan coverage had not ceased.

2.       The District will give general and specific written notice to employees/ dependents as required.

3.       The employee or dependent will give proper written notice to the District when a dependent qualifies for coverage.

4.       The employee/dependent continuing coverage is responsible for the premium.

 

COBRA provisions that affect group health plans will be coordinated with Medicare coverage as per existing or modified law.  Previous to COBRA, patients were not charged for medical care provided by the Veterans Administration and Military Hospitals.  Thus, coverage under group health plans was excluded. With the new law, group health plans must reimburse the Federal government for VA/Military Hospital care. Such reimbursement will be made only to the extent permitted by the plan.

 

Approved:November 13, 2013                        Reviewed:                              Revised

408.1 EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

 

EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

 

Persons interested in an employee position will have an opportunity to apply and qualify for employee positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability.  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.

 

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

 

The superintendent will recommend employment of employees to the board for approval.  

 

Legal Reference:    29 U.S.C. §§ 621-634 (2012).

            42 U.S.C. §§ 2000e et seq. (2012)

            42 U.S.C. §§ 12101 et seq. (2012)

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

            281 I.A.C. 12.4(5)

 

Cross Reference:    401.1    Equal Employment Opportunity

           

 

Approved                       Reviewed                                Revised                       

September 20,2017