400 Personnel

PERSONNEL
Series 400

400   Principles of Employment
         400.1      Statement of Guiding Principles
         400.2      Definitions
         400.3      Equal Employment Opportunity and Prohibition of
                           Harassment
         400.3R1  Equal Employment Opportunity and Prohibition of
                            Harassment Procedures
         400.3R1  Exhibit A – Discrimination/Harassment Complaint Form
         400.3R1  Exhibit B – Discrimination/Harassment Witness Statement
         400.3R1  Exhibit C – Summary of Disposition of Discrimination or
                            Harassment Complaint
         400.4       Employee Complaint Procedures

401   Selection and Employment of Personnel
        401.1      Recruitment of Personnel
        401.2      Qualifications
        401.3      Licensure and Transcripts
        401.4      Individual Contracts
        401.5      Employee Probationary Status
        401.6      Resignations
        401.7      Reserved.
        401.8      Discipline and Discharge

402   Job Assignments and Evaluations
       402.1      Orientation
       402.2      Professional Staff Development
       402.3      Assignments and Transfers
       402.4      Evaluations
       402.5      Personnel Files; Release of Information

403   Compensation and Employment
        403.1      Compensation and Salary Basis
        403.2      Group Insurance Benefits
        403.3      Annuities
        403.4      Travel Reimbursement; Use of School Vehicle
        403.5      Activity Passes

404   Work Hours and Leaves of Absence
         404.1      Work Day and Work Year
         404.2      Holidays and Other Leave Days
         404.3      Vacations
         404.4      Personal Leaves of Absence
         404.5      Personal Illness and Family Illness Leaves of Absence
         404.6      Extended Disability Leaves of Absence/Family
                           and Medical Leave
         404.6R1  Family and Medical Leave Regulations
         404.6R1        Exhibit A – Rights Under the FMLA Posting
         404.6R1        Exhibit B – U.S. Department of Labor FMLA Fact Sheet
         404.6R1        Exhibit C – Family and Medial Leave Request Form
         404.6R1        Exhibit D – Employer Response to Employee Request
                                  for Family and Medical Leave
         404.6R1        Exhibit E – Certification of Health Care Provider for
                                   Employee’s Serious Health Condition
         404.6R1        Exhibit F – Certification of Health Care Provider for
                                 Family Member’s Serious Health Condition
         404.6R1        Exhibit G – Certification for Serious Injury or Illness of
                                 Covered Servicemember for Military Family Leave
         404.6R1        Exhibit H – Certification of Qualifying Exigency for
                                 Military Family Leave
         404.7      Bereavement Leaves of Absence
         404.8      Professional Leaves of Absence
         404.9      Military Service Leaves of Absence
         404.10    Jury Duty and Legal Leaves of Absence
         404.11    Political Leaves of Absence
         404.12    Unpaid Leaves of Absence

405   Employee Health and Safety
         405.1      Health Examinations
         405.1           Exhibit A – Health Examination Form
                             Exhibit B – Health Examination Form (West Side Quality
                                Preschool Program Standards)
          405.2      Communicable Diseases
          405.3      Occupational Exposure to Bloodborne Pathogens
          405.4      Injury at Work
          405.4          Exhibit A – Employee Emergency Medical Form
          405.5      Hazardous Chemical Disclosure
          405.6      Drug and Alcohol-Free Workplace
          405.7      Drug and Alcohol Testing Program
          405.7R1  Drug and Alcohol Testing Program Regulation
          405.7R2  Drug and Alcohol Testing Program Definitions
          405.7            Exhibit A – Drug and Alcohol Testing Program
                                   Notice to Employees
          405.7            Exhibit B –Drug and Alcohol Testing Program
                                   Acknowledgement Form
          405.7            Exhibit C – Consent for Request of Information
          405.7            Exhibit D – Drug and Alcohol Test Notification Form
          405.7            Exhibit E – Certification of Previous Employers Requiring
                                   a Commercial Driver's License
          405.7            Exhibit F – Drug & Alcohol Reasonable Suspicion
                                  Observation
          405.7            Exhibit G – Drug & Alcohol Testing Program Pre-
                                 employment Drug Test Acknowledgment Form
          405.7            Exhibit H – Random Testing of Driver Change List Form
          405.7            Exhibit I – Post-Accident Drug and Alcohol Testing
                                  Instructions to Drivers

406   Employee Ethics and Professional Standards
        406.1      Tutoring and Conducting Personal Business
        406.2      Conflicts of Interest
        406.3      Gifts and Honoraria to District Employees and Their Families
        406.4      Personnel Political Activity
        406.5      Nepotism
        406.6      Reporting Child and Dependent Adult Abuse
        406.6R1  Child Abuse Reporting Regulation
        406.7      Publication or Creation of Materials
        406.8      Computer/Internet Usage
        406.8           Exhibit A – Employee Computer/Internet Form
        406.9      Notification of Arrests, Criminal Charges and of Child and
                          Dependent Adult Abuse Complaints
407   Employee Personal Activities
         407.1      Responsibility for Personal Property
         407.2      Solicitations
         407.3      Desks, Lockers and Storage Areas

408    Other Personnel
          408.1   Substitutes
          408.2   Student Teachers and Interns
          408.3   Volunteers

The Board of directors of the Decorah Community School District reviewed all of the policies in Series 400, Personnel, on the following dates:

            April 14, 2003
            March 10, 2008
            September 16, 2013

Filing Instructions:  File this page immediately behind the Table of Contents in Series 400.

 

 

 

565316

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

400 Principles of Employment

400.1 Statement of Guiding Principles

Code No. 400.1

STATEMENT OF GUIDING PRINCIPLES

This series of the Board policy manual relates to the District's goals for performance of personnel and also sets forth benefit levels and key work rules.

It is the policy of the Board of Directors of the Decorah Community School District to provide an educational program of the highest standard possible and feasible and to fulfill the mission statement of the District.  Success in attaining these goals is dependent in large measure upon the competency of the personnel of the District.  Therefore, it shall be the policy of the Board of Directors to recruit and retain employees who exhibit the highest standards of professionalism and competency.

Each member of the District's staff provides an important service for the students whether teaching or assisting in the classroom, working in the office, preparing and serving meals, maintaining facilities, transporting students, or performing other duties.  Each employee has an impact on the school environment by his/her dedication to work and his/her actions, verbal and nonverbal.  Each employee shall be expected to be a positive role model for the students.  All District personnel shall strive to promote a cooperative, enthusiastic, and supportive learning environment.

It is the policy of the Board of Directors to delegate to the Superintendent and to the Superintendent's administrative staff decisions regarding personnel matters, except as may be specifically limited by Board policy or by law.  Whenever the term “Superintendent” is used in these policies, it shall mean “the Superintendent or the Superintendent’s designee.”

Except where a specific provision has been collectively bargained governing the employment relationship, all employees of the Decorah Community School District shall be governed by the policies of the Board of Directors and by administrative procedures, rules and directives.

The Board reserves its discretion, which may be delegated to administrative personnel, to determine the number of employees, the qualifications for and the duties of each position in the District, and the required standards of performance of employees.

Persons employed by another organization to perform services for the District shall not be granted salary or benefits by the District, but shall be subject to other District policies and administrative procedures, rules and directives while performing services for the District.

Date of Last Review:  
June 2013

Date of Revision:

September 16, 2013 

 

 

 

Legal References:

20.7, 256.7, 279.8, 279.14, 279.18, 280.14, Code of Iowa

 

 

00972065

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

400.2 Definitions

Code No. 400.2

DEFINITIONS

The following terms shall have the following meanings as used in these Series 400 policies:

Administrators. The term "administrators" shall include professional licensed employees employed under contracts issued pursuant to Iowa Code Section 279.23 and shall include the Superintendent of Schools, the principals and associate principal(s).

Classified Employees.  The term "classified employees" shall include the following employees, whether full-time or part-time:

1.     Administrative Assistant
2.     Board Secretary/Director of Human Resources
3.     Director of Business Services/Treasurer
4.     Clerical employees
5.     Custodial and maintenance employees
6.     Educational associates
7.     Food service employees
8.     Support staff (e.g. Volunteer Coordinator, Registrar, etc.)
9.     Transportation employees

Full-time Employees.  The term "full-time employees" shall include all employees who regularly work a minimum of thirty (30) hours per week.

Licensed Employees.  The term "licensed employees" shall include all professional employees who hold certificates, licenses, or statements of professional recognition from the Iowa Department of Education and the Iowa Board of Educational Examiners or a license from the Board of Nursing or from another professional licensing body, whether full-time or part-time, when such certificates, licenses, or statements are required for the position the employee is holding, including administrators, teachers, nurses, counselors, librarians, and coaches.  The term does not include classified employees, such as bus drivers or educational associates who may also be required to hold licenses.

Part-time Employees.  The term "part-time employees" shall include all employees who regularly work less than thirty (30) hours per week.

Supervisors.  The term "supervisors" shall include persons, other than licensed employees, who supervise other classified employees, including the Director of Business Services, the Director of Human Resources, the Manager of Buildings and Grounds, the Manager of Food Services, and the Manager of Transportation.

Temporary Employees.  The term "temporary employees" shall include all employees who have been employed for a period of time of four consecutive months or less. In addition, all substitute teachers and nurses not on continuing contracts and also those coaches not on continuing contracts shall be deemed temporary employees.

 

Date of Last Review:  June 2013

Date of Revision:

September 16, 2013 

 

00972067

 

 

Legal References:

20.3(9), 20.3(11), 20.4, Chapter 272, 279.8, 279.13,     279.19B, 279.21, 279.23, 294.1, Code of Iowa; 281
I.A.C. 12.4, 41.8, 41.9, 41.10, 43.10(4), 43.23; 282
I.A.C. 25.2  

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

400.3 Equal Employment Opportunity and Prohibition of Harassment

Code 400.3

EQUAL EMPLOYMENT OPPORTUNITY AND
PROHIBITION OF HARASSMENT

The Decorah Community School District will select for employment qualified applicants for each position without regard to the race, color, sex, national origin, ethnic background, religion, creed, marital status, parental status, genetic information, sexual orientation, gender identity, age, or disability of the applicant.  Applicants with disabilities who can perform the essential functions of the position with or without reasonable accommodations are considered qualified applicants.  The District shall take affirmative action, consistent with its adopted affirmative action plan, in the recruitment, appointment, assignment and advancement of personnel to accomplish the goals of equal employment opportunity.  The District shall consider the veteran status of applicants.

The Decorah Community School District will not discriminate against any qualified individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, sex, national origin, ethnic background, religion, creed, marital status, parental status, genetic information, sexual orientation, gender identity, age, or disability.

The District is committed to promoting positive intercultural, intergroup relationships.  The District, therefore, prohibits acts of intolerance or harassment toward others because of race, color, sex, national origin, ethnic background, religion, creed, marital status, parental status, genetic information, sexual orientation, gender identity, age or disability.  Such acts of intolerance may be treated as just cause for purposes of discipline, including discharge.

It is the policy of the Decorah Community School District to maintain a learning and working environment that is free from sexual harassment.  Because of the District's strong disapproval of offensive or inappropriate sexual behavior at work, all employees, officials and visitors must avoid any action or conduct which could be perceived as sexual harassment.  It shall be a violation of this policy for any employee, official or visitor of the Decorah Community School District to harass others through conduct or communications of a sexual nature.

Sexual harassment shall consist of unwelcome sexual advances, requests for sexual acts or favors, and other verbal or physical conduct of a harassing nature where:

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

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

3.        such conduct has the purpose or effect of substantially interfering with an individual's employment or creates an intimidating, hostile, or offensive employment environment.

Sexual harassment may include, but is not limited to the following:
                       

                ·       verbal harassment or abuse

·       pressure for sexual activity

·       repeated remarks to or about a person with sexual or
        demeaning implications

·       unwelcome touching

·       suggesting or demanding sexual involvement accompanied
         by implied or explicit threats concerning one's job

·       the telling or showing of offensive jokes or stories

·       display of sexually graphic pictures

 

Date of Last Review:  June 2013

 

Date of Revision:

 September 16, 2013

 

00972070

 

Legal References:

20 U.S.C. 1681 et seq.; 29 U.S.C. 206(d); 29 U.S.C. 621, et seq.; 29 U.S.C. 701 et seq.; 29 U.S.C. 794; 42 U.S.C. 2000(e) et seq., 42 U.S.C. 12101 et seq.; 29 C.F.R. 1604.11; Chapter 19B, Chapter 35C, Chapter 216, 279.8, 280.3, Chapter 729, Code of Iowa; 161 I.A.C. Chapter 8; 281 I.A.C. Chapter 95; 282 I.A.C. 25.3(1), 25.3(6), 26.3 

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS   

 

 

 

 

 

 

400.3R1 Equal Employment Opportunity and Prohibition of Harassment Procedures

Code No. 400.3R1

EQUAL EMPLOYMENT OPPORTUNITY AND
HARASSMENT INVESTIGATION PROCEDURES

Nondiscrimination.  The Decorah Community School District will not discriminate against any individual with respect to selection, assignment, compensation, terms, conditions, or privileges of employment, nor will it tolerate any harassment, based upon the individual’s race, creed, color, sex, national origin, religion, disability, marital status, parental status, genetic information, ethnic background, sexual orientation, gender identity, or age.

Complaints of Discrimination or Harassment.  Any applicant or employee alleging discrimination or harassment on the basis of race, creed, color, sex, national original, religion, disability, marital status, parental status, genetic information, ethnic background, sexual orientation, gender identity or age may follow the complaint procedures set forth in Code No. 400.4.  Reporting improper discrimination or harassment will not reflect upon the individual's status nor will it affect future employment, evaluation, or work assignments.  The complainant may bypass any step of the complaint procedure where the person to whom the complaint is to be lodged is the alleged perpetrator.  The complainant may file the initial complaint with one of the compliance officers, whose decision may be appealed to the Superintendent of Schools.  Inquiries or complaints may also be directed to federal and state agencies, including the Iowa Civil Rights Commission, the Equal Employment Opportunity Commission, and the Office of Civil Rights of the United States Department of Education.

The complainant may be required to complete a complaint form and to turn over copies of evidence of discrimination or harassment including, but not limited to, tapes, memoranda, letters and pictures.  The investigator shall promptly commence an investigation and proceed to completion.  Both the complainant and the alleged perpetrator will be given an opportunity to give a statement.  A written investigation report shall be completed, and a summary of the report, including a finding that the complaint was founded, unfounded, or inconclusive will be forwarded to the Superintendent.  The Superintendent may conduct a further investigation. Upon completion of the Superintendent's review of the investigative report, the Superintendent may adopt or modify the report.  The Superintendent shall then forward the report to the complainant and to the alleged perpetrator and may impose discipline and/or other remedial action.  If the Superintendent is the alleged perpetrator, the compliance officer shall investigate the complaint and shall then forward the summary of the report to the Board President.

Compliance Officers.  The Middle School Principal (563-382-8427) and the Director of Human Resources (563-382-4209) are designated as the District's compliance officers to insure that applicants and employees are treated in accordance with policy and this regulation.  The compliance officers shall be responsible for coordinating the preparation, implementation, evaluation, and updating of written equal employment opportunity and affirmative action plans, with systematic input from diverse racial/ethnic groups, women, men and persons with disabilities.

Confidentiality.  The right to confidentiality, both of the complainant and of the alleged perpetrator, will be respected consistent with the District's legal obligations, and with the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.

No Retaliation.  No person shall retaliate against an individual because the individual has filed a complaint, assisted or participated in an investigation, or has opposed language or conduct that violates policy or this regulation, as long as the participation or action was done in good faith.

Corrective Action.  The District will take action to halt any improper discrimination or harassment it has knowledge of and will take other appropriate corrective actions, including disciplinary measures which may include discharge of a perpetrator, in an effort to remedy violations of policy and this regulation.

Notice.  In order to effectively communicate and interpret the District's policies and plans to all levels of the administration and to all other employees, applicants, educational agencies and to the public, a statement of the District's equal employment opportunity policy shall be distributed to all applicants for employment and shall be disseminated annually to employees, students, parents and recruitment sources. 

Staff Development.  Periodic training shall be provided to all staff in the areas of discrimination and harassment.

 

Date of Last Review:  June 2013

Date of Revision:  September 16, 2013

00972073

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

400.3R1 Exhibit A – Discrimination/Harassment Complaint Form

400.3R1 Exhibit B – Discrimination/Harassment Witness Statement

400.3R1 Exhibit C – Summary of Disposition of Discrimination or Harassment Complaint

400.4 Employee Complaint Procedures

Code No. 400.4

EMPLOYEE COMPLAINT PROCEDURES

The purpose of these complaint procedures is to resolve, at the lowest possible level, complaints of employees which may arise from time to time regarding their working conditions.  Any matter brought under a grievance procedure of a negotiated agreement shall not also be brought under the procedures of this policy.

Any employee with a complaint regarding his/her working conditions shall first discuss such complaint with his/her immediate supervisor in an attempt to resolve the matter informally.  The immediate supervisor should be informed of the complaint within ten calendar days of the event giving rise to the complaint, and the supervisor shall attempt to meet with the employee within ten calendar days of being so notified.

If the matter is not satisfactorily resolved, the employee shall file a written complaint with the immediate supervisor, which should be filed within ten calendar days following the discussion with the immediate supervisor.  The immediate supervisor shall attempt to indicate the disposition of the complaint in writing within ten calendar days of the filing of the complaint.

If the employee feels that the matter is not satisfactorily resolved, he/she may file the written complaint and the supervisor's disposition with the next level supervisor.  The complaint should be filed within ten calendar days of the disposition by the supervisor.  The same procedures and timelines shall apply through the chain of authority through the Superintendent of Schools.

If the employee feels that the matter is not satisfactorily resolved, the employee may request to appear before the Board by filing the written complaint and the written dispositions with the Board secretary and ask for a place on the agenda.  The Board secretary shall place the item on the Board's agenda.  The employee may appear at the Board meeting and discuss the matter with the Board.  The administrative staff may also discuss the matter with the Board.  The Board may refuse in its sole discretion to take action on the complaint or the Board shall decide the matter as soon as practicable, and the Board Secretary shall communicate the Board's decision to the employee.  If the Board declines to decide the matter, the disposition of the Superintendent or his/her designee shall be final.

The investigation or processing of a complaint shall not interfere with or disrupt any work activity.

Employees alleging improper discrimination or harassment under Code No. 400.3 may bypass any step of these procedures which requires the employee to meet with the alleged perpetrator.  The complainant may file the initial complaint with a compliance officer.

Date of Last Review:                      June 2013

Date of Revision:

September 16, 2013

00972101

 

Legal References:

20.7, 20.9, 279.8, 280.14, 607A.45, Code of Iowa

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

401 Selection and Employment of Personnel

401.1 Recruitment of Personnel

Code No. 401.1

RECRUITMENT OF PERSONNEL

The Superintendent shall be responsible for recruiting personnel for the various positions within the District.  The Superintendent shall take affirmative action to encourage persons to apply in accordance with the District's affirmative action plan.  The Superintendent may make such use of other employees as the Superintendent may so determine.  The Superintendent shall use such methods, advertising media or other sources as may be appropriate to recruit personnel.  Job openings at the District shall be posted on the Iowa Department of Education’s online state job postings system as required by Iowa law. 

All applicants shall be required to complete a written application form provided by the District.  The District will perform criminal, child abuse, elder abuse, and sexual offender background checks on all persons offered employment in the District and/or as otherwise required by law.  Applicants shall not be charged for background checks except as permitted by Iowa law.  All offers of employment shall be subject to the District receiving, reviewing and finding satisfactory these background checks.  Employment of all personnel shall also be subject to Board approval.

This policy does not prevent the hiring or transfer of employees without advertising or posting when appropriate or required by a collective bargaining agreement or by law.

 

 

Date of Last Review:  June 2013

 

Date of Revision:

September 16, 2013                

 

 

Legal References:

 

19B.11, 256.23, 272.2.14, 279.8, 280.14, 280.15, Code of Iowa; 281 I.A.C. Chapter 94, Chapter 95   

 

 

00973185

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

401.2 Qualifications

Code No. 401.2

QUALIFICATIONS

Selection of personnel shall be based upon the following qualifications:

1.         All professional employees shall be properly certified, authorized, or licensed as required by statute, the Iowa Department of Education and Iowa Board of Educational Examiners, or other appropriate licensing body, and as required by the District's job descriptions.

2.         All classified employees shall be properly licensed by the State if a license is required by law or by the District's job description.

3.         Educational and other training where such training is necessary or appropriate for the position.

4.         Needs of the District.

5.         Demonstrated ability to fulfill all aspects and essential duties of the position.

6          Demonstrated rapport with children, fellow workers, and others.

7.         Ability to exercise discretion and good judgment.

8.         Diligence and dependability.

9.         Ability to follow instructions and suggestions of supervisors.

10.       Compatibility with the District's philosophy and programs.

11.       Adherence to professional ethics.

12.       History of past successful job experiences.

13.       Other qualities as may be determined from time to time by the administrative staff.

 

Applicants shall be considered without regard to their race, color, creed, gender, religion, marital status, parental status, sexual orientation, gender identity, national origin, ethnic identity, genetic information, age or disability.

All applicants shall undergo background checks as required by Iowa law and Board Policy 401.1  After hire, the District shall also conduct or ensure the requisite follow-up background checks are conducted of employees at least every five (5) years or as otherwise required by Iowa law.  An employee shall not be charged for background checks, except as permitted by law.

Date of Last Review:                  June 2013

Date of Revision:

September 16, 2013 

 

 

 

Legal References:

19B.11, 256.23, Chapter 272, 279.8, 279.13, 279.19B, 279.21, 279.23, 280.14, 294.1, Code of Iowa; 281 I.A.C. 12.4,  43.10(4), 43.12-.24; 282 I.A.C. Chapters 14-22 

 

00972105

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

401.3 Licensure and Transcripts

Code No. 401.3

LICENSURE AND TRANSCRIPTS

All employees, including temporary employees, required to hold a certificate, license, statement of professional recognition, or authorization from the Iowa Board of Educational Examiners or other appropriate licensing body are required to have a certificate, license or statement valid for the position for which they have been employed on file in the personnel office prior to commencing duties.  It shall be the financial responsibility of each employee to maintain current licensure or certification.

All licensed employees, including temporary employees, are required to have an official copy of their college transcripts on file in the personnel office prior to commencing duties. Employees earning additional credits shall file an official copy of their college transcripts in the personnel office.

 

Date of Last Review:                  June 2013

Date of Revision:

September 16, 2013

00972108

 

 

Legal References:

20.3(9), 20.4, Chapter 272, 279.8, 279.13, 279.19B, 279.21, 279.23, 280.14, 294.1, Code of Iowa; 281 I.A.C. 12.4, 41.9, 41.10, 41.34, 43.12-.24; 282 I.A.C. Chapters 14-22

 

 

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

401.4 Individual Contracts

Code No. 401.4

INDIVIDUAL CONTRACTS

Contracts with Administrators:

 The length of the contract for employment between an administrator and the Board will be determined by the Board and stated in the contract.  The contract will also state the terms of the employment.  A contract is invalid if the administrator is under contract with another board of directors in Iowa covering the same period of time until such contract shall have been released or terminated.

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

The first three consecutive years of a contract issued to a newly employed administrator will be considered a probationary period.  The probationary period may be extended for an additional year upon the consent of the administrator.  In the event of termination of a probationary or nonprobationary contract, the Board will afford the administrator appropriate due process, as required by law.  The Board reserves the right to dismiss an administrator during the contract term for just cause in accordance with law.  The administrator and Board may mutually agree to terminate the administrator’s contract. 

A contract shall not be tendered to a continuing administrator prior to March 15th.  The administrator shall sign and return the contract to the Board by the date specified by the Board, which shall be at least twenty-one days after it is tendered.

The contract shall be signed by the President of the Board and by the administrator and shall be filed with the Board Secretary before the administrator enters upon performance of the contract.

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

Contracts With Licensed Employees Other Than Administrators:

Contracts with licensed employees in the District, other than with administrators or with temporary employees, shall be in writing and shall state the number of contract days, the compensation to be paid, and such other matters mutually agreed upon.  A contract, with a licensed employee, is invalid if the employee is under a contract with another board of directors during the same time period until a release is obtained, unless pursuant to a sharing arrangement.  Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law.  The Board may issue temporary and nonrenewable contracts in accordance with law.

A contract shall not be tendered to a continuing licensed employee prior to March 15th.  The licensed employee shall sign and return the contract to the Board by the date specified by the Board, which shall be at least twenty-one days after it is tendered.

The contract shall be signed by the President of the Board when tendered, and after it is signed by the licensed employee, the contract shall be filed with the Board Secretary before the employee enters into performance under the contract.

Contracts With Classified Employees:

Contracts with classified employees shall be in writing and shall state the term of employment, the compensation to be paid, and such other matters as may be agreed upon.  The contract shall provide that the employment of the employee may be immediately terminated for cause and may also be terminated upon fourteen (14) calendar days’ notice for any reason.  Classified employees are considered "at will" employees, are not on continuing contracts, and are not automatically re-employed.  The Superintendent has the authority to hire classified employees, other than supervisors, without advance Board approval.  The Superintendent also has authority to discipline and discharge classified employees without advance Board approval, subject to the right of the employee to appeal such decision to the Board under the complaint procedure.

Contracts for Coaches or Extracurricular Activity Sponsors:  All coaching and extracurricular sponsor contracts shall be in writing and include the annual compensation to be paid, length of service and other matters mutually agreed upon.  The contracts shall be for the length of time as indicated in the regularly scheduled season for the assigned sport or activity, along with any other days/times as may be assigned for post-season tournaments or other related duties for that sport or activity.  The contract shall not exceed a single school year.  The contract shall provide that the employment of the employee may be immediately terminated for cause and may also be terminated upon fourteen (14) calendar days’ notice for any reason.  Coaches and extracurricular sponsors are considered “at will” employees, are not on continuing contracts, and are not automatically re-employed.

Contracts for coaching or sponsoring extracurricular activities shall be issued separately from teaching contracts. A resignation or termination from a coaching or sponsor contract shall not affect the teaching contract. However, a resignation or termination from a teaching contract shall automatically be a resignation or termination from all coaching and/or sponsor contracts held by the employee.

 

 

 

 

 

 

 

 

Date of Last Review:

September, 2017

 

Date of Last Revision:

September 18, 2017                

 

01406937

 

Legal References:

 

 Iowa Code Chapters 272 and 279; 281 I.A.C. 12.4 

 

 

 

 

 

 

401.5 Employee Probationary Status

 

Code No. 401.5

LICENSED EMPLOYEE PROBATIONARY STATUS

 

The first three consecutive years of employment as an in the Decorah Community School District shall be a probationary period.  Said probationary period may not be waived by the Board even if the administrator has previously served a probationary period at another school district.

The first three consecutive years of employment as a licensed employee in the Decorah Community School District shall be a probationary period, unless the employee has already successfully completed the probationary period as a licensed employee in another Iowa school district.  Licensed employees (other than administrators) who have previously successfully completed a probationary period in another Iowa school district shall serve a two year probationary period in the Decorah Community School District.  For purposes of this policy, a licensed employee shall be deemed to have met the requirements for successfully completing a probationary period in another Iowa school district if the licensed employee was employed in the prior district for the requisite number of years, received a satisfactory or better evaluation for the most recent formal evaluation, and the licensed employee has not engaged in conduct which would disqualify the licensed employee from receiving a continuing contract from the prior district.

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

 

 

 

 

 

 

 

Date of Adoption: 

September 18, 2017                

 

 

Legal References:

 

 Iowa Code Chapters 279 and 284                            

 

 

01406940

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

 

401.6 Resignations

Code No. 401.6

RESIGNATIONS

Form.

Resignations shall be submitted in writing, signed and dated by the resigning party and directed to the Secretary of the Board of Directors.

Regular Time for Submitting Resignations.

Administrators shall submit their written resignations to the Secretary of the Board in the last year of the term of their employment on or before May 1, or on or before the date specified by the Board for return of the contract, whichever date occurs first.

Licensed employees, other than administrators, shall submit their written resignations to the Secretary of the Board on or before the last day of the school year or on or before the date specified by the Board for return of the contract, whichever date occurs first.    The Board may require a continuing employee who has resigned from an interscholastic coaching contract to accept the contract for one additional year if a good faith effort to find a suitable replacement has been made but the position is not filled by June 1.

Classified employees shall submit their written resignations to the Secretary of the Board at least fourteen (14) calendar days prior to their departure dates.

Early Release Requests by Licensed Employees.

The Board recognizes that there are some circumstances which force a licensed employee to request a release from a contract before the expiration date of the contract.  The Board also recognizes that the District suffers difficulties and expenses in finding a suitable replacement, fewer applicants may be available during a contract term, and that a late resignation causes disruption to the District's programs.  The Board believes that any employee who signs a contract should fulfill the contract to the best of the employee's ability.

A licensed employee who wishes to resign a contract before the expiration date of the contract (including after accepting a contract for the following contract year), shall submit to the Secretary of the Board a signed written request setting out the reasons for the requested release and the date of the requested release.

The licensed employee shall be released from the contract only if the Board determines that a valid reason exists for release from the contract and a suitable replacement is found.  The licensed employee shall be expected to continue performing services under the contract until a suitable replacement can be secured and a release is obtained from the Board.

A licensed employee may seek a waiver from the Board of any of the conditions set forth for requesting a release prior to the expiration date of the contract.  The Board may, on its own or following a request, in its discretion, waive any of the conditions.

In the event a licensed employee terminates employment without proper release, the Superintendent is directed to advise the Board of Educational Examiners, and the Superintendent may pursue any other remedies under the law.

Date of Last Review:                        June 2013

Date of Revision:

September 16, 2013

00972123

 

Legal References:

272.2, 279.8, 279.13, 279.19A, 279.23, 279.24, Code of Iowa; 282. I.A.C. 25.3 (5)

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

401.7 Reserved.

Code No. 401.7

 

RESERVED

 

 

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

 

 

543133

401.8 Discipline and Discharge

Code No. 401.8

DISCIPLINE AND DISCHARGE

Expected Behavior.  All employees shall perform their assigned duties cooperatively and competently and in accordance with District policies, rules, regulations and directives.  All employees are also expected to obey the laws, to adhere to professional ethics, and to abstain from behavior which adversely affects their job performance.

Sanctions.  The Superintendent of Schools may impose the following disciplinary sanctions for breach of expected behavior: verbal or written warnings or reprimands, disciplinary probation, and disciplinary suspensions not to exceed ten (10) work days (with or without pay).  The nature and duration of the disciplinary sanction shall depend upon the seriousness of the offense, extenuating or exacerbating circumstances, and the employee's prior work record.  The sanctions listed in this policy are not intended to provide a rank ordering of sanctions, and probation or suspension may be imposed without first imposing a warning, or an employee may be discharged without first applying any of these sanctions.

Procedures.  Prior to imposing a disciplinary sanction, the employee shall be told orally or in writing of the charges and given a summary of the evidence supporting the charges.  The employee shall be given an opportunity to respond to the charges.  No delay need be given between notice of the charges and the chance to respond.  Written notice of the terms of the disciplinary action shall be given to the employee other than for oral warnings or reprimands.  If the employee believes that the disciplinary sanction is unwarranted, the employee may file a complaint utilizing the employee complaint procedures of Code No. 400.4.  At any step of the complaint procedure, the person hearing the complaint may impose a less severe or more severe disciplinary sanction.

Suspensions Pending Action.  An employee may be suspended by the Superintendent with or without pay, pending an investigation into charges against an employee or pending the commencement of discharge proceedings.  This shall not be deemed a disciplinary suspension and shall not be covered by the procedures set forth in this policy.

Discharge.  The Board of Directors may terminate the contract of a licensed employee in accordance with applicable provisions of Chapter 279 of the Code of Iowa.  Other sanctions specified in this policy need not be first utilized.  The Board of Directors may terminate the employment of an individual who holds an interscholastic coaching contract but not a teaching contract with the District or who is authorized but not licensed to coach at any time or in accordance with the terms of the contract.

The Superintendent may terminate the employment of a classified employee or of an employee with an extra-curricular contract (other than for coaching interscholastic athletics) immediately for cause or upon fourteen (14) calendar days notice for any reason.  The employee may appeal the action utilizing the procedures of Code No. 400.4.

 

Date of Revision:

   March 10, 2008                   

 

 

Legal References:

 

20.7, 279.13, 279.15-.19B, 279.23, 279.24, 279.25,                                                                                

279.27, Chapter 284, 285.5(2), Code of Iowa         

 

 

565392

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

402 Job Assignments and Evaluations

402.1 Orientation

Code No. 402.1

ORIENTATION

The immediate supervisor shall review with new employees their job descriptions and duties and District procedures.  Mentors may be assigned to assist with the orientation process.  Payroll procedures and benefits shall be explained to the new employees by the business office.  The employees shall be responsible for completing necessary enrollment and authorization forms.

Date of Revision:

   March 10, 2008

 

 

Legal References:

272.9A, 279.8, 280.14, Chapter 284, Code of Iowa 

 

 

565394

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

402.2 Professional Staff Development

Code No. 402.2

PROFESSIONAL DEVELOPMENT

Professional development in the Decorah Community School District is our primary means to strengthen instruction in order to improve student learning.  The importance of a focused, systemic approach to staff learning should be aligned with district goals, priorities, and allocation of resources.

Professional development helps to ensure all teachers provide effective instruction that engages students in becoming creative critical thinkers and problem solvers prepared to succeed in our global community.

Quality learning matters and professional development is essential to maintaining a high-performing district for students and staff.

Professional development in the Decorah Community School District should result in the following:

1.     Improved achievement and learning for all students.

2.     The use of best practices research for improving instruction.

3.     Ongoing professional conversations focused on strengthening teaching and learning through the use of professional learning communities.

4.     Professional development that is tied to the district focus and goals.

5.     An ongoing process of assessing and improving the effectiveness of the professional development system/program.

Date of Last Review:  June 2013

Date of Revision:

September 16, 2013

Legal References:

Iowa Code 279.8, Ch 294 (2011); 281 IAC 12.7

 

 

 

00972130

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

402.3 Assignments and Transfers

Code No. 402.3

ASSIGNMENTS AND TRANSFERS

Employees Other Than Administrators and Supervisors.  Employees shall be assigned to positions and work assignments based upon the qualifications of the employee and the needs of the District as determined by the Board of Directors and/or by the administrative staff.  Changes in assignment may be made at the initiative of the Superintendent of Schools, other administrators or supervisory employees, or at the request of the employee.  Changes in assignment shall be made known to the employee as soon as reasonably practicable.  Applicable provisions of the Collective Bargaining Agreement shall be followed for a covered employee voluntary and involuntary transfers.

Administrators and Supervisors.  Administrators and supervisors shall be assigned to positions and work assignments based upon the qualifications of the administrators and supervisors and the needs of the District as determined by the Superintendent and reported to the Board of Directors and/or by the Board of Directors itself.  Changes in assignment may be made at the initiative of the Board of Directors, the Superintendent of Schools, or at the request of the administrator or supervisor.  An administrator or supervisor being involuntarily transferred shall have a right to a conference with the Superintendent.

Date of Last Review:                   June 2013

Date of Revision:

September 16, 2013 

 

Legal References:

20.7, 20.9, 279.8, 280.14, Code of Iowa; 281 I.A.C. 12.4

 

00972132

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

402.4 Evaluations

Code No. 402.4

EVALUATIONS

Evaluations of Administrators and of Supervisors.

The primary purposes of formal evaluation of the administrators and supervisors are to improve and enhance the performance of each administrator and supervisor and to provide written documentation of the individual's level of performance to provide a basis for contract decisions, including salary considerations and for contract termination, if necessary.

The Board of Directors shall be responsible for evaluating the performance of the Superintendent.  The Superintendent shall be responsible for evaluating the performance of all other administrators and of supervisors in the District.  The Superintendent may delegate this authority and duty to other persons to evaluate the performance of individuals.  The evaluator may utilize other individuals to assist in the formal evaluation process and may utilize relevant information from other individuals.

Each supervisor shall be formally evaluated at least one time each contract year during the first two years of employment and at least one time every third year thereafter.  Progress on professional goals shall be reviewed annually.

Every administrator in the District shall have a comprehensive summative evaluation during their first year.  After the initial summative evaluation, an annual formative assessment of each administrator will be performed based on the administrator’s Individual Professional Development Plan.  The summative evaluation shall be performed every three years.

The evaluation shall be based on how well the administrator or supervisor performs the duties of his/her job description and on progress on professional goals.  A copy of the completed formal evaluation will be given to the evaluated administrator or supervisor and a conference shall be held.  The evaluated individual may respond in writing to the evaluation.  The written evaluation and any response shall be filed in the individual's confidential personnel file.

Evaluation of Licensed Employees Other Than Administrators.

The primary purposes of formal evaluation of licensed employees are to improve and enhance the performance of each employee and to provide written documentation of the employee's level of performance to assist in making employment decisions.

Licensed employees of the District shall be formally evaluated by the administrative staff of the District.  The administrative staff may utilize relevant information from other individuals in the performance of this duty.

Licensed employees shall be evaluated in accordance with the procedures set forth in the negotiated agreement with their bargaining representative and in accordance with requirements of Iowa law.

Licensed employees in the District shall be formally evaluated using the criteria specified on the evaluation forms as approved by the Board of Directors and/or as required by law.

Evaluation of Classified Employees (Other Than Temporary Employees and Supervisors).

The primary purposes of formal evaluations of classified employees are to improve and enhance the performance of each employee and to provide written documentation of the employee's level of performance to assist in making employment decisions.

Administrators and/or supervisors shall be responsible for the evaluation of classified employees of the District.  The evaluator may utilize relevant information from other individuals in the performance of this duty.

Administrators and supervisors shall evaluate classified employees upon how well they perform the duties of their job descriptions.  Classified employees shall be formally evaluated at least once during their first year of employment and at least once every third year thereafter.  A copy of the completed formal evaluation will be given to the evaluated employee and a conference shall be held.  The evaluated employee may respond in writing to the evaluation.  The written evaluation and any response shall be filed in the employee's confidential personnel file.

Other Evaluations.  Nothing in this policy shall preclude other methods of evaluation, which may include self-evaluation, peer-evaluation, or student evaluation and the use of verified comments from individuals from outside the District, including comments from parents and students, as long as such additional sources of evaluation are related to the employee's performance as an employee of the District.

Licensed Evaluators.  Any person formally evaluating the performance of licensed employees (except persons formally evaluating coaches and sponsors and Board members when evaluating the Superintendent) shall obtain and maintain an evaluator's license from the Board of Educational Examiners.

Date of Last Review:  June 2013

Date of Revision:

September 16, 2013

 

Legal References:

20.7, 272.9A, 272.33, 279.14, 279.23A, Chapter 284, Code of Iowa; 281 I.A.C. 12.3(3), Chapter 83 

 

00972137

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

402.5 Personnel Files; Release of Information

Code No. 402.5

PERSONNEL FILES; RELEASE OF INFORMATION

A confidential file of employment records shall be maintained for each employee in the central administration office.  Included in the file shall be the following, without limitation:  licenses and transcripts if required, employment application, references, criminal record and abuse record checks, contracts of employment, formal evaluations, disciplinary reports, and wage information.  Information on leave usage may be maintained separately.  Confidential health information, such as physical forms, sick or long-term disability leave days, worker's compensation claims, emergency information, family and medical leave request forms, and reasonable accommodations to accommodate an employee's disability, shall be maintained separately.

Except in limited instances, only the Superintendent, the employee's supervisor(s), the Board Secretary/Director of Human Resources, the Director of Business Services, the employee, and authorized representatives of the District shall have access to the confidential employee file without the employee's consent or a valid subpoena.  However, information for tax purposes, for qualification for benefits, and for wage garnishment may be released.

Employees who have listed the District as a place of employment or who have listed a District employee as a reference shall be deemed to have granted permission to the District to release information which may be included in the personnel file.  Information from confidential health records shall not be released, however, without permission of the employee except for qualification of benefits.  This does not preclude release of leave usage information to a prospective employer, however.

Only information deemed by law to be public records of an employee will be confirmed to any entity with whom an employee has applied for credit or has obtained credit.  This information will be released without prior written notice to the employee.  Confidential employee information, as defined by Iowa law, will not be released to an inquiring creditor without a written authorization from the employee.

Under Iowa law, public records of employees shall include, but are not limited necessarily to the following:

(1)       the name and compensation of the employee including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to federal or state law.  For purposes of this paragraph, “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, or health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation;

(2)       the dates the employee was employed by the District;

(3)       the positions the employee holds or has held with the District;

(4)       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;

(5)       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.

Each employee shall have the right to review the contents of his/her own confidential personnel file maintained in the central administration office, except for confidential credentials or reference letters.  An employee desiring to view the contents of his/her file shall make a request to the Superintendent. No papers may be removed from the file, but copies may be obtained.  The employee shall have the right to respond in writing to materials contained in the file.

All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the District.  Applicant records shall be maintained for a minimum of three years after the position was filled.

Date of Last Review:                     June 2013

Date of Revision:

September 16, 2013

 

Legal References:

22.1, 22.2, 22.7(11), 91B.1, 91B.2, 141A, 273.1, 279.8, 279.15, Code of Iowa; 281 I.A.C. 12.4(10), 12.4(11), 12.4(14); 282 I.A.C. 25.3 (3), 26.3         

 

 

00972147

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

403 Compensation and Employment

403.1 Compensation and Salary Basis

Code No. 403.1

COMPENSATION AND SALARY BASIS

The Board of Directors shall establish salary schedules and rates of pay for the several positions in the District.  Salaries for employees with an exclusive bargaining representative shall be negotiated with the certified bargaining representative in accordance with law.

The Superintendent may deny a wage or salary increase or increment advance to any employee for good cause.

Non-exempt employees shall be compensated on an hourly basis, which is at least the minimum wage set by federal or Iowa law, whichever is higher.  Non-exempt employees shall be compensated at one and one-half (1 1/2) times their regular hourly wage rate for work over 40 hours in a work week, or may be granted compensatory time off at the rate of one and one-half hours for each hour worked over 40 hours in a work week.  A work week shall run from Sunday at 12:01 a.m. to Sunday at 12:01 a.m.  Holidays, paid vacations, and paid leaves of absence shall count towards the 40 hours.  Employees working on holidays shall be paid double-time in lieu of holiday or over-time pay.

Overtime work must have the prior approval of the employee's supervisor.  Failure to obtain approval shall result in disciplinary action.  If compensatory time is granted and not utilized by the end of the contract year, the employee shall be paid for the time; however, the employee's supervisor may require compensatory time to be utilized by the end of the contract year rather than overtime pay being paid.

Non-exempt employees shall complete daily time records showing actual time worked and all time actually worked shall be paid.  The time records shall be signed.  Failure of the employee to maintain such records or falsification of such records will be grounds for disciplinary action, including immediate discharge.

Salary Basis.  The Fair Labor Standards Act (FLSA) is a federal law which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.  The FLSA also exempts certain computer employees.  To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.  Job titles do not determine exempt status.  In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations.

Salary Basis Requirement.  To qualify for exemption, employees generally must be paid at not less than $455 per week on a salary basis.  These salary requirements do not apply to teachers.  Exempt computer employees may be paid at least $455 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly or less frequent basis.  The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee's work.  Subject to exceptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.  Exempt employees do not need to be paid for any workweek in which they perform no work.  If the employer makes deductions from an employee's predetermined salary, i.e., because of the operating requirements of the business, that employee is not paid on a "salary basis."  If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.

Circumstances in Which the Employer May Make Deductions from Pay

Deductions from pay are permissible when an exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.  Also, an employer is not required to pay the full salary in the initial or terminal week of employment; for penalties imposed in good faith for infractions of safety rules of major significance, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act.  In these circumstances, either partial day or full day deductions may be made.

Policy.  It is District policy to comply with all applicable laws with respect to payments of wages, salaries, and benefits to employees, including the Fair Labor Standards Act (including specifically the salary basis requirements of the FLSA) and the Iowa Wage Payment Collection Act.  Therefore, all administrators and supervisors are prohibited from making any improper deductions from the salaries of employees.  Employees are to be made aware of this policy and that the District does not allow deductions that violate federal or Iowa law.

If an employee believes that an improper deduction has been made to the employee’s salary, or that proper payment has not been made, the employee should immediately report this information in writing to the Director of Business Services.  Reports of improper deductions or payments will be promptly investigated.  If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deduction made.  This procedure is in addition to any other complaint process that may also be available to employees.

Date of Last Review:                         June 2013

Date of Revision:

September 16, 2013

 

Legal References:

29 U.S.C. §206 et seq.; 20.7, 20.9, 279.8, 280.14,   Chapter 284, 294A.5, Code of Iowa 

 

 

00972149

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

403.2 Group Insurance Benefits

Code No. 403.2

GROUP INSURANCE BENEFITS

Health Insurance.  Consistent with federal guidelines and regulations, employees, their spouses and/or dependents may be allowed to purchase coverage of the District’s group health insurance program by meeting the requirements of the insurer. This policy statement does not guarantee a certain level of benefits.

The District will contribute an amount of money set each year by the Board of Directors to each full-time administrator, the Director of Business Services, the Board Secretary, and to the Administrative Assistant.  Each of these employees shall elect one of the District's group single insurance plans.  The balance of the money may be taken as salary or applied towards dependent insurance coverage.

The District will contribute towards insurance coverage for other licensed employees in accordance with the collective bargaining agreement.

The District will contribute each year to each other full-time employee, except temporary employees unless otherwise required by law, an amount towards health insurance or set by the Board annually.  Each employee shall then elect one of the District's group single insurance plans.  The balance of the money may then be taken as salary or applied towards dependent insurance coverage.

The District may contribute towards health insurance for employees working at least twenty but less than thirty hours per week, as determined by the Board and to the extent allowed by law.

If the health insurance benefits selected by the employee cost more than the District's contribution, the additional premiums shall be deducted from the employee's salary or wages.  The employee may elect to have this salary reduction on a pre-tax basis.

Life Insurance.  The District will provide group life insurance benefits to employees who work at least thirty (30) hours per week, except temporary employees, as follows:

·       Administrators, Director of Business Services, Board Secretary, Administrative Assistant – two times the employee's regular annual salary

·       Other full-time employees - $35,000

Long-Term Disability.  The District will provide group long-term disability coverage for employees who work at least thirty (30) hours per week, except temporary employees.

Plans.  The carriers, types of plans, contributions and level of benefits shall be determined by the Board of Directors.

Date of Revision:

September 16, 2013

 

00972150

 

Legal References:

42 U.S.C 18001; 279.12, Chapters 85, 87, 509, 509A, 509B, Code of Iowa; 191 I.A.C. Chapter 74  

 

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

403.3 Annuities

Code No. 403.3

ANNUITIES

Premiums for payment of annuities and deferred compensation programs from any authorized companies or through an Iowa-licensed salesperson, selected by the employees, may be deducted from the salaries of employees provided that written application for such deductions shall be on file with the business office.

 

Date of Revision:

April 14, 2003                        

 

 

Legal References:

 

294.16, 509A.12, Code of Iowa; 26 U.S.C. 403        

 

543145

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

403.4 Travel Reimbursement; Use of School Vehicle

Code No. 403.4

TRAVEL REIMBURSEMENT; USE OF SCHOOL VEHICLE

The District's mileage reimbursement rate shall be set by the Board annually.  Employees will be reimbursed at this rate for travel which has been approved by the Superintendent.  Employees who must use their personal vehicles to regularly travel between school buildings in the District or between districts under a sharing arrangement in order to fulfill their assigned duties shall be reimbursed at the mileage reimbursement rate for such travel between the buildings or districts.  Each employee requesting to use his/her personal vehicle on school business shall have a valid driver’s license and personal liability insurance.  Employees reimbursed for mileage may not also receive reimbursement for expenses for the same transaction.

Employees may be authorized to use a school vehicle to conduct business for the District or to attend District-related conferences or activities.  The vehicle shall not be used for personal use.  Only the person(s) authorized shall be allowed to drive the vehicle.  The employee shall record the mileage and other pertinent information as requested by the Director of Transportation.  All authorized drivers must have a valid Iowa driver's license with appropriate endorsements, if required by Iowa law, and must be insurable under the District's liability insurance.  No tobacco products shall be used in the vehicles, and no alcoholic beverages or illegal substances shall be placed in the vehicle or consumed in the vehicle.

Date of Last Review:  June 2013

 

Date of Revision:

September 16, 2013

 

 

Legal References:

70A.9, 70A.10, 70A.11, 279.8, Code of Iowa

 

00972158

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

403.5 Activity Passes

Code No. 403.5

ACTIVITY PASSES

All employees of the District whether full-time or part-time, except temporary employees, shall be issued activity passes to District events for themselves and one guest.  The passes shall cover regular school activities in the District, but shall not cover tournaments or special events.

Date of Revision:

April 14, 2003                        

 

 

Legal References:

279.8, Code of Iowa 

 

543147

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404 Work Hours and Leaves of Absence

404.01 Work Day and Work Year

Code No. 404.1

WORK DAY AND WORK YEAR

The regular work year and hours of duty for all employees shall be determined by the Superintendent.

 

Date of Revision:

April 14, 2003

 

 

 

Legal References:

20.9, 279.8, 279.l0, 279.11, 280.14, Code of Iowa; 281 I.A.C. 12.1(7-11)

 

 

543148

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.02 Holidays and Other Leave Days

Code No. 404.2

HOLIDAYS AND OTHER LEAVE DAYS

Twelve-Month Employees.  Employees, full-time and part-time, who are regularly contracted to work twelve (12) months per year shall be entitled to seven (7) paid holidays:

           Independence Day
           Nordic Fest Friday
           Labor Day
           Thanksgiving Day
           Christmas Day
           New Year's Day
           Memorial Day

In addition, they shall be granted the following four (4) paid leave days:

            The Friday after Thanksgiving Day
            The Day before Christmas Day
            Two other days scheduled by the Superintendent

In addition, the Superintendent, the Business Manager, the Board Secretary and the Administrative Assistant shall have the following days off with pay:

The Christmas and Spring recess periods granted to other licensed employees

Eleven-Month Employees.  Principals and associate principals who are regularly contracted to work eleven (11) months per year shall be entitled to five (5) paid holidays:

            Labor Day
            Thanksgiving Day
            Christmas Day
            New Year's Day
            Memorial Day

In addition, they shall have the following days off with pay:

           The Friday after Thanksgiving Day
           The Christmas recess period granted to other licensed employees
           President's Day
           Spring recess period granted to other licensed employees
           One other day scheduled by the Superintendent

Other Licensed Employees.  Other licensed employees shall be granted paid holidays in accordance with the collective bargaining agreement.

Date of Last Review:  June 2013

Date of Revision:

March 10, 2008  , 2013

 

Legal References:

20.7. 279.8, Code of Iowa 

 

00954781

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.03 Vacations

Code No. 404.3

VACATIONS

The Superintendent shall be entitled paid vacation per year as set forth in the Superintendent’s individual employment contract.  The Business Manager/Treasurer, Board Secretary/Human Resources Manager and Administrative Assistant shall be entitled to fifteen days of paid vacation per year.

Other employees, full-time and part-time, who are regularly contracted to work twelve months per year shall be entitled to paid vacation as follows:

 

1st year of employment………………….……......….….. 5 days
2nd through 10th years of employment…………….10 days
11th through 15th years of employment……………15 days
16th year of employment and thereafter……….…..20 days

Vacation days shall be calculated as of July 1 each year.  Vacation days shall be pro-rated if the employee commences or terminates employment during the contract year (July 1 – June 30).  However, if an employee commences employment after April 30, the employee shall be entitled to only 5 paid vacation days until the July 1 after completing a full year of employment.  Employees will be paid for earned, unused vacation time upon termination of employment.  If the employee has used more vacation days than the employee has earned, the final paycheck shall be reduced.

The Superintendent shall establish vacation schedules.  Vacation days must be taken in one-half or full day increments.  Vacation days may not be carried over to subsequent contract years.

Date of Revision:

   March 10, 2008

 

 

Legal References:

20.7, 279.8, Code of Iowa

 

565412

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.04 Personal Leaves of Absence

Code No. 404.4

PERSONAL LEAVES OF ABSENCE

Employees covered by a collective bargaining agreement shall receive personal leave days in accordance with the agreement.  Other employees, not including temporary employees, shall be granted two (2) days of paid personal leave per year for any purpose at the discretion of the employee and with preapproval by their Supervisor.  Personal leave days must be taken in one-half or full day increments.  Employees may carry over up to three (3) unused days to the next year, accumulative up to a maximum of a total of five (5) days.

The administrator or supervisor may limit the number of employees taking personal leave at the same time and may establish rules for requesting leave.

Date of Last Review:  June, 2013

 

Date of Revision:

September 16, 2013

 

Legal References:

20.7, 20.9, 70A.1, 279.8, 280.14, 607A.45, Code of Iowa

 

00972197

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.05 Personal Illness and Family Illness Leaves of Absence

Code No. 404.5

PERSONAL ILLNESS AND FAMILY ILLNESS LEAVES OF ABSENCE

Employees, except temporary employees, will be granted paid leave of absence for personal illness or injury, according to the following schedule:

                              1st year of employment…………………………..     10 days
                              2nd year of employment…………………………..    11 days
                              3rd year of employment…………………………..     12 days
                              4th year of employment…………………………..     13 days
                              5th year of employment…………………………..     14 days
                              6th year of employment and thereafter………   15 days

Licensed employees subject to a Collective Bargaining Agreement shall be granted personal illness or injury leave in accordance with the terms of that Agreement.

Personal illness leave days will be prorated for employees who commence employment after the start of the regular contract year.  Unused personal illness leave days may accumulate to a maximum of 165 days.  The annual allotment of personal illness leave days will be granted each year only to the extent it does not increase the total number of personal illness leave days to more than 165 days.

If an employee uses two (2) or fewer personal illness leave days during a contract year, one (1) personal illness leave day provided during the next contract year may be designated by the employee as a "wellness day" and be available to the employee with the same conditions as personal leave during that contract year.  The wellness day does not accumulate, and no additional compensation is provided if the wellness day is not used during the school year in which it is provided.

An employee injured or disabled on the job may be eligible to receive a weekly benefit under the Iowa Workers' Compensation Law.  If an employee receives Workers' Compensation benefits, the employee's accumulated personal illness leave will be reduced proportionate to the amount the Worker's Compensation benefits is to the employee's regular salary.  At such time, the employee may also elect to have the Workers' Compensation benefits supplemented from the District by using personal illness leave, vacation leave, personal leave, and/or earned compensatory time.  If supplemental payments are elected, leave time will be reduced by one full day for each day of absence.  When all leave time is exhausted, supplemental payments will cease.

An employee who, in the course of employment, suffers a personal injury resulting from an episode of violence toward that employee for which Workers' Compensation is payable, shall be entitled to have Workers' Compensation benefits supplemented in order for the employee to receive full salary and benefits for the shortest of (a) one year from the date of the disability, or (b) the period during which the employee is disabled and incapable of employment.  Supplementation in such situations shall not be charged against personal illness leave, personal leave, vacation time, or earned compensatory time.

Evidence may be required to substantiate a claim for personal illness leave and the employee's ability to return to work.

Disabilities caused or contributed to by an employee’s pregnancy, childbirth, related medical conditions, and/or recovery therefrom will be considered temporary disabilities for purposes of personal illness leave.  Therefore, an employee may use personal illness leave for the period of time that the employee is disabled because of the employee’s pregnancy, childbirth, related medical conditions, and/or recovery therefrom.  In general, employees, except temporary employees, will be granted six (6) weeks of paid leave of absence after the birth of a child for personal illness or injury related to recovery from childbirth.  However, additional periods of personal illness leave may be granted if an employee provides medical certification verifying the employee’s continued disability because of childbirth.  Eligible employees may also use FMLA leave for pregnancy or the birth of a child in accordance with Board Policy 404.6 and applicable FMLA regulations.  Paid personal illness leave taken pursuant to this paragraph will be designated and counted as FMLA leave.  Where sufficient leave is not available because the employee has exhausted personal illness leave, FMLA leave, and any other applicable leave, the employee shall be granted an unpaid leave of absence for the period that the employee is disabled because of the employee’s pregnancy, childbirth, related medical conditions, and/or recovery therefrom, or for eight (8) weeks, whichever is less.

Employees, except temporary employees, will be granted up to five (5) paid family illness leave days per year, accumulative to a maximum of seven (7) days, in the event of an illness or injury of the employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandchild, grandparent, or any other person regularly residing in the employee's household.  The employee may be granted additional family illness leave days in unusual situations with a deduction equivalent to the substitute rate of pay.  Family illness leave days may not be used in connection with the normal birth or delivery of a child, except when medically necessary in the case of a caesarian section or medical complications related to the delivery or birth.  Family illness leave days shall not accumulate from year to year unless otherwise stated in a Collective Bargaining Agreement.

Date of Last Review:                        June, 2013

Date of Revision:

September 16, 2013                          

 

 

Legal References:

29 U.S.C. 2601 et. seq.; 29. C.F.R., Part 825; 20.7,  20.9, 85.2, 85.33, 85.34, 85.38(3), 216.6, 279.8, 279.40 Code of Iowa 

00972200

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

 

404.06 Extended Disability Leaves of Absence/Family and Medical Leave

Code No. 404.6

EXTENDED DISABILITY LEAVES OF ABSENCE/
FAMILY AND MEDICAL LEAVE

An employee who is unable to work because of personal illness or injury, and who has exhausted all paid leave available, may be granted an unpaid leave of absence and may continue all available fringe benefits in effect for the duration of said leave at his/her own expense, except that the District shall provide benefits in accordance with the Family and Medical Leave Act.  The District may terminate the employee's employment and hire a permanent replacement after 12 weeks of leave.  Each case will be considered separately giving consideration to the needs of the District and the likely recovery period of the employee.

Family and Medical Leave Act.  Federal law requires the District to grant up to 12 weeks of leave per year to employees who have been employed for at least 12 months and who have worked at least 1,250 hours during the preceding 12 months (“eligible employees”) for one or more of the following reasons:  (1) to take medical leave when the employee is unable to work because of the employee’s serious health condition; (2) for the birth and care of the employee’s newborn child; (3) to care for a child placed with the employee for adoption or foster care; (4) to care for the employee’s parent, spouse or child with a serious health condition; (5) for qualifying exigencies arising out of the fact that the employee’s spouse, child or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation.  Federal law also requires the District to grant up to 26 weeks of leave in a single 12 month period to an eligible employee to care for a covered servicemember when the employee is the spouse, child, parent, or next of kin to the covered servicemember who has a serious injury or illness incurred in the line of duty on active duty (“military caregiver leave”). 

The District requires the eligible employee to first utilize any earned paid leave that is authorized and available for use for the purpose requested.  Any leave in excess of authorized and available paid leave shall be unpaid leave.  At the employee’s option, the District shall continue to make District contributions towards health insurance on behalf of the employee while on Family and Medical Leave.  If the employee has more than 12 (or 26 weeks, if applicable) of paid leave available, the District shall continue to make the contributions until the paid leave is exhausted or no longer available.  The employee shall remit the employee’s share of contributions towards health insurance and towards life insurance and disability insurance by the date the District makes payment to the insurance carriers or within 30 calendar days thereafter.  Failure to make the employee contributions when due may result in the employee losing coverage during the period of leave.  If the District makes the contributions on behalf of the employee, the employee authorizes the District to offset such sums advanced against any sums owed the employee.

If the employee does not return to work at the end of the leave (except for reasons specified in the Family and Medical Leave Act), the employee will be required to reimburse the District for all contributions made by the District while the employee was on unpaid leave.

Employees may request leave under the Family and Medical Leave Act for up to 12 weeks per year.  “Year” shall be defined as a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.  Leave to care for a newly-born, adopted, or foster child must conclude within 12 months of the birth or placement of the child.  Spouses employed by the District may take a combined 12-week allotment for the birth or placement of a child.  Military caregiver leave is granted for up to 26 weeks in a single 12-month period beginning on the first day the employee takes leave for that purpose.  Any other family and medical leave taken during the 12-month period is combined for purposes of counting the 26 weeks. 

The District requires the employee to provide written certification from a health care provider when an employee requests family and medical leave for the employee’s own serious health condition or to care for the employee’s parent, spouse or child with a serious health condition, or to care for a covered service member with a serious injury or illness.

Date of Last Review:                 June, 2013

Date of Revision:

November 9, 2009

 

Legal References:

29 C.F.R. Part 825; 29 U.S.C. 2601 et. seq.; 20.7, 20.9, 85.2, 85.33, 86.38, 279.8, 279.40, Code of Iowa

 

00954790

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.06R1 Family and Medical Leave Regulations

Code No. 404.6R1

FAMILY AND MEDICAL LEAVE REGULATIONS

A.        District Notice.

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

2.         Information on the Family and Medical Leave Act and on the Board policy on family and medical leave, including leave provisions and employee obligations, will be provided annually.

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;

b.         a reminder that an employee requesting family and medical leave for his/her serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and notice of the consequences for failing to do so;

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

d.         a statement notifying the employee that the employee must pay, and must make arrangements for paying, any premium or other payment to maintain health or other benefits.

B.        Eligible Employees

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

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

1.         The District has more than 50 employees on the payroll at the time leave is requested;

2.         The employee has worked for the District for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and

3.         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.    

  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.         The employee must give at least thirty (30) days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice is received.

       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.         The 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.  The District may require the employee to provide reasonable documentation or a statement of family relationship.

                           1.         Four purposes.

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

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

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

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

                            2.         Medical certification.

                                        a.     When required:

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

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

                                         b.         Employee's medical certification
                                                          responsibilities:

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

                        (2)       The 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.

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

               d.         The employee must provide certification of fitness to return to duties from the health care provider who was treating the employee with a serious health condition prior to the employee returning to work.

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

E.         Entitlement.

            1.         Employees are entitled to twelve weeks family and medical leave per year (12 month period).

             2.              The 12-month period is a "rolling" 12-month period measured backward from the date an employee uses FMLA leave.

            3.         If insufficient leave is available, the District may:

                         a.         Deny the leave if entitlement is exhausted; or

                         b.         Award additional leave.

F.         Type of Leave Requested.

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

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

                        a.         Intermittent leave is available for:

                                    (1)       Birth, adoption or foster care placement of child only with the District's agreement.

                                    (2)       Serious health condition of the employee, spouse, parent, or child when medically necessary without the District's agreement.

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

           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:

                                    (1)       Birth, adoption or foster care placement of child only with the District's agreement.

                                    (2)       Serious health condition of the employee, spouse, parent, or child when medically necessary without the District's agreement.

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

            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 in an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

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

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

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

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

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

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

            c.         If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the 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.         The employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless the employee elects not to continue the benefits.

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

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

 4.         An employee may be required 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) calendar days and to return the certification within fifteen (15) calendar 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 leave and at least two weeks prior to the conclusion of the family and medical leave.

 6.         If an employee intends not to return to work, the employee must immediately notify the 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.

            An employee shall substitute unpaid family and medical leave with any paid leave available to the employee, which is applicable to the reason for family and medical leave, under board policy or a collective bargaining agreement.  Paid leave includes sick leave, family illness leave, paid vacation, and/or personal/business leave.  When the District determines that paid leave is being taken for a FMLA reason, the District will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave.

 

J.          Definitions.   The following definitions shall apply to the District's policy and regulations on family and medical leave:

 

 1.         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.

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

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

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

             b.         Any period of incapacity due to pregnancy or for prenatal care.          
             c.         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.).

              d.         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.

              e.         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), kidney disease (dialysis).

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

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

 5.         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."

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

7.         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.

8.         Health care provider -

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

             b.         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; or

              c.         Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; or

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

              e.         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; or

              f.          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.

9.         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.

10.       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.

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

12.       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.

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

14.       "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.

 15.       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.

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

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

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

          a.         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 therefrom), or any subsequent treatment in connection with such inpatient care; or

          b.         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 therefrom) 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 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 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.

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

            d.         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.).

            e.              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.

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

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

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

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

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

 

Dated:  February 14, 2005

543159

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.06R1 Exhibit A – Rights Under the FMLA Posting

404.06R1 Exhibit B – U.S. Department of Labor FMLA Fact Sheet

404.06R1 Exhibit C – Family and Medial Leave Request Form

404.06R1 Exhibit D – Employer Response to Employee Request for Family and Medical Leave

404.06R1 Exhibit E – Certification of Health Care Provider for Employee’s Serious Health Condition

404.06R1 Exhibit F – Certification of Health Care Provider for Family Member’s Serious Health Condition

404.06R1 Exhibit G – Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave

404.06R1 Exhibit H – Certification of Qualifying Exigency for Military Family Leave

404.07 Bereavement Leaves of Absence

Code No. 404.7

BEREAVEMENT LEAVES OF ABSENCE

Employees covered by a collective bargaining agreement shall receive bereavement leave days in accordance with the agreement.  Other employees, except temporary employees, shall be granted up to five (5) days of paid leave per incident in the event of the death of the employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandchild, grandparent, or of any other person regularly residing in the employee's immediate household.  The Superintendent may grant up to two (2) days paid leave per incident in the event of the death of other relatives or friends.  The employee must inform the administration of the need for bereavement leave at the earliest possible time.  Bereavement leave will not be deducted from the employee’s accumulated sick leave.

 

Date of Last Review:                         June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

20.7, 20.9, 279.8 Code of Iowa 

 

00972222

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.08 Professional Leaves of Absence

Code No. 404.8

PROFESSIONAL LEAVES OF ABSENCE

Licensed employees covered by a collective bargaining agreement shall be granted professional leaves of absence in accordance with the agreement.  Other employees may be granted professional leave to participate in a conference, convention, or workshop, to visit other programs, or for other similar reasons as approved by the Superintendent at his/her sole discretion.  The Superintendent may approve payment or reimbursement for registration, lodging, meals and/or travel expenses.  The employee must obtain advance approval before incurring expenses at his/her sole discretion. 

 

Date of Last Review:                      June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

20.7, 20.9, 29A.28, 29A.43, 70A.25, 70A.26, 279.8, 279.12, Code of Iowa

 

00972224

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.09 Military Service Leaves of Absence

Code No. 404.9

MILITARY SERVICE LEAVES OF ABSENCE

Leaves for military service will be granted in accordance with applicable law which provides that employees (other than employees employed temporarily for six months or less) who are members of the national guard, organized reserves or any component part of the military, naval, or air force or nurse corps of Iowa or of the United States, or who may be otherwise inducted into the military service shall, when ordered by proper authority, be entitled to a leave of absence for the period of such service, and without loss of pay or benefits for the first 30 calendar days of such leave of absence.  The employee may continue all fringe benefits in effect for the duration of the leave at his/her own expense.

Date of Last Review:                    June, 2013

Date of Revision:

September 16, 2013 

 

Legal References:

20.7, 20.9,. 29A.28, 29A.43, Code of Iowa; 38 U.S.C. Chapter 43

 

00972225

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.10 Jury Duty and Legal Leaves of Absence

Code No. 404.10

JURY DUTY AND LEGAL LEAVES OF ABSENCE

Employees called for jury service or required by subpoena to appear in a legal proceeding shall be permitted to be absent from duties to perform jury or witness service with pay.  Pay received for jury service or witness duty, except travel expense, shall be remitted to the District.  In order to receive payment, the employee must give at least one days' prior notice of the summons for service and must furnish satisfactory evidence that such service was performed on the days for which payment is claimed.  An employee not required to perform jury or witness service all day shall return to work.

Date of Revision:

April 14, 2003

 

Legal References:

20.7, 20.9, 279.8, 607A.45, Code of Iowa 

 

00956087

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.11 Political Leaves of Absence

Code No. 404.11

POLITICAL LEAVES OF ABSENCE

Leaves of absence for service in an elected municipal, county, state or federal office shall be granted in accordance with applicable law.  The leave of absence shall be without pay or benefits and shall not exceed six years.  The employee may continue all fringe benefits in effect for the duration of the leave at his/her own expense.  In addition, an employee who becomes a candidate for elective public office shall be granted a leave commencing within 30 days prior to a contested primary, special, or general election and continuing until the day after the election.  The employee shall first use any earned compensatory time, then vacation and personal leave time and then unpaid leave.  The employee shall give at least 30 calendar days prior notice of the need for leave of absence.

Date of Last Review:                          June, 2013

Date of Revision:

April 14, 2003

 

 

Legal References:

20.7, 20.9, Chapter 55, 279.8 Code of Iowa 

 

00956183-1\17467-000

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.12 Unpaid Leaves of Absence

Code No. 404.12

UNPAID LEAVES OF ABSENCE

Unpaid leaves of absence may be granted for absences not otherwise covered by Board policy or by a collective bargaining agreement.  Unpaid leaves of absence must be approved in advance by the Superintendent.  Employees may be asked to give a reason for the requested unpaid leave of absence and restrictions may be imposed on the leave of absence.  The Superintendent has discretion to grant or deny the unpaid leave.  Whenever possible, the employee shall make a written request for unpaid leave at least ten (10) calendar days prior to the beginning of the requested leave of absence.  The employee shall have deducted from his/her salary an amount equal to one day's pay for each day of absence.  For extended unpaid leaves (in excess of ten work days), the District shall not continue fringe benefits, but the employee may continue the fringe benefits for the duration of the leave at his/her own expense.

Date of Last Review:                    June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

29 U.S.C. 2601 et. seq.; 20.7, 20.9, 279.8, 509; 509A, 509B, Code of Iowa

 

00972230

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405 Employee Health and Safety

405.1 Health Examinations

Code No. 405.1

HEALTH EXAMINATIONS

New Employees.  Reports of physical examinations shall be required of all employees upon their initial employment with the District certifying fitness to perform assigned duties.  The reports shall be required only after an offer of employment has been made.  The examination must have been taken within the four-month period prior to the date employment begins or by a date specified by the District, which shall be within six weeks of the date employment begins.  Evidence shall be submitted on the prescribed form, shall be signed by a licensed physician and surgeon, osteopath, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner.  Costs of the initial examination shall be paid by the employee.

Bus drivers shall present reports of physical examinations upon employment and every other year thereafter as required by law.  Such physical examinations must be completed before the work year begins.  Evidence of physical fitness to perform duties shall be submitted on the required form.  The District shall pay an amount to be determined by the Board of Directors toward the physical examination upon presentation of proof of charges if the charges have not been paid by insurance or by another employer.

Additional Examinations.  An employee may be required to have additional examinations, testing or screenings (physical and/or mental) when, in the judgment of the Superintendent or the Board, such examinations are relevant to the employee's performance, duties or status and/or are otherwise mandated or required by state or federal law, rule or regulation at the expense of the District.

Vaccines.  Employees identified as having reasonably anticipated contact with blood or infectious materials in their work setting shall receive training and education or safety precautions and shall be provided the opportunity for a District paid Hepatitis-B vaccine.  The employee shall sign a written waiver if he or she refuses the vaccine.

Genetic Information Nondiscrimination Act (GINA). The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, employees and their physicians should not provide any genetic information when responding to any request by the District for medical information. "Genetic information," as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Date of Last Review:                  June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

20.9, 321.376, 279.8, Code of Iowa; 281 I.A.C. 12.4(14), 43.15-.20; 29 C.F.R. Pt. 1910.1030; 29 C.F.R. Pt. 1635

00973187

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

405.1 Exhibit A – Health Examination Form

405.1 Exhibit B – Health Examination Form (West Side Quality Preschool Program Standards)

405.2 Communicable Diseases

Code No. 405.2

COMMUNICABLE DISEASES

An employee of the District with a communicable disease shall be allowed to attend to regularly assigned duties as long as the employee is physically able to perform the essential functions of the assignment and as long as the employee's assignment does not create a substantial health or safety risk to others in the District.

Each case shall be evaluated on its own merits. The Superintendent may consult with the employee's personal physician, with the Iowa State Department of Health, with personnel from the United States Public Health Center for Disease Control, and with other appropriate agencies and persons in making decisions regarding an employee's placement. The Superintendent may require an employee to provide medical evidence of fitness to perform the tasks assigned.

Records regarding communicable diseases shall be maintained separately from general personnel files and so as to protect the privacy of the employee. This shall not be construed to prevent appropriate administrative and nursing staff from being informed of which employee has a communicable disease. All records indicating that an employee is infected with a communicable disease shall be maintained in the central administration office.

An employee who is at work and who has a communicable disease which creates a substantial risk to others at the workplace shall report the condition to the Superintendent or nurse.  Employees with communicable diseases may be excluded from school and/or school assignments for the period of time that their conditions endanger the health or safety of others or during such period as they are physically unable to perform assigned tasks.  Employees will not be discharged or otherwise suffer reduction in wages or benefits for actual time worked due to compliance of an employee with an quarantine or isolation order or voluntary confinement request issued by the Department of Health or the CDC.

No person shall be asked or required as a condition of employment to take a test for the presence of the antibody to the human immunodeficiency virus (HIV), and no person shall have his/her terms, conditions, or privileges of employment affected solely because the employee had such a test.

All employees shall practice hygienic principles designed to protect themselves and others from infection.

Date of Last Review:                 June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

Chapter 139A, Chapter 141A, 216.6(1)(d) Code of Iowa; 281 I.A.C. 12.3(7), 12.4(12), 12.4(14); 25.3 (2), 25.3 (6)

 

00972240

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.3 Occupational Exposure to Bloodborne Pathogens

Code No. 405.3

OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS

The Superintendent shall be responsible to insure that the District implements, reviews and updates at least annually an exposure control plan to eliminate or minimize employees' occupational exposure to bloodborne pathogens in accordance with OSHA requirements.  The plan shall designate a response team at each building.  Failure of an employee to comply with the plan shall be grounds for disciplinary action, up to and including discharge.

The District shall provide at no cost to the employees necessary supplies, personal protective devices, and training for employees to comply with the exposure control plan.  Training shall include a discussion of universal precautions.

Employees identified as having reasonably anticipated occupational contact with blood or infectious materials shall receive training and education on safety precautions and shall be provided the Hepatitis B vaccine at District expense or shall sign a written waiver declining the vaccine.  Following a report of an exposure incident, the District shall make immediately available to the exposed employee a confidential medical examination and follow-up.

Medical records shall be maintained for each employee with occupational exposure.  Such records shall be kept confidential and shall not be disclosed without the employee's express written consent to any person within or outside the workplace except as required by law.

 

 

Date of Revision:

April 14, 2003                        

543166

 

Legal References:

 

29 C.F.R. Pt. 1910.1030; 279.8, Code of Iowa        

 

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.4 Injury at Work

Code No. 405.4

INJURY AT WORK

If an employee is injured at work, school personnel may administer minor or emergency first aid.  If necessary, a member of the family shall be notified or the employee shall be transported to a medical facility.  Each employee shall maintain an up-to-date confidential emergency medical form on file in the building office.

If possible, the employee or a person on behalf of the employee, shall file an accident report with the District within 24 hours of the occurrence.  It shall be the responsibility of the employee to cooperate with any investigation into the occurrence.

 

 

 

Date of Revision:

April 14, 2003                        

543168

 

Legal References:

 

Chapter 85, 279.40, Code of Iowa; 281 I.A.C.         

12.3(9), 12.3(10), 12.4(14)                                     

 

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.4 Exhibit A – Employee Emergency Medical Form

Uploaded Files: 

405.5 Hazardous Chemical Disclosure

Code No. 405.5

HAZARDOUS CHEMICAL DISCLOSURE

The District shall maintain a comprehensive hazardous chemical communication program to disseminate information about hazardous chemicals in the workplace.

Each employee shall review information about hazardous substances.  Further, when a new employee is hired, orientation shall include the information and training, if necessary.  When an additional hazardous substance enters the workplace, information about it shall be distributed and training shall be conducted for the appropriate employees.  The Superintendent shall maintain a file indicating which hazardous substances are present in the workplace and when training and informing takes place.

Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals they will be working with as part of the instructional program.  It shall be the responsibility of the Superintendent to develop administrative regulations regarding this program.

Date of Revision:

September 16, 2013

 

 

Legal References:

29 C.F.R. 1910.2000; 88.4, Chapter 89B, Code of Iowa; 281 I.A.C. 12.3(9), 875 I.A.C. Chapter 110   

 

00972245

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.6 Drug and Alcohol-Free Workplace

Code No. 405.6

DRUG AND ALCOHOL-FREE WORKPLACE

General

No employee shall possess, use, be under the influence of, distribute, dispense, or manufacture any alcoholic beverage or controlled or illegal substance on school property, or during work time or at any student activity, except that an employee may take a controlled substance lawfully prescribed by a physician.  Any violation of this policy shall be grounds for discipline, including immediate discharge.

Federal Grant Employees

In addition, no employee engaged in work in connection with a federal grant shall unlawfully manufacture, distribute, dispense, possess or use, on or in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act and as further defined by federal regulation.

"Workplace" is defined to mean the site for the performance of work done in connection with a federal grant.  This includes any building or any school premises, any school-owned or approved vehicle used to transport students to and from school or school activities, off school property during any school-sponsored or approved activity, event, or function, where students are under the jurisdiction of the District where work on a federal grant is performed.

As a condition of employment on any federal grant, each employee who is engaged in performance of a federal grant shall agree to abide by this policy and shall notify his or her supervisor of his or her conviction of any criminal drug statute for a violation occurring in the workplace as defined above, no later than five days after such conviction.

An employee who violates the terms of this policy may be suspended or discharged, at the discretion of the District and in accordance with law.

The Superintendent shall give a copy of this section of the policy to each employee engaged in the performance of federal grants.  The Superintendent shall also notify the granting agency within 10 days after receiving notice of a conviction. 

The Superintendent shall also establish a drug-free awareness program to inform employees of this policy, possible sanctions for violation of this policy, of the dangers of drug abuse in the workplace, and of any available drug counseling, rehabilitation and employee-assistance programs.

No Limitations.  This policy is not intended to limit the rights of the District to discipline, including discharging, any employee who engages in an illegal act involving alcohol or drugs away from school when such violation adversely affects the employee's ability to perform his/her duties.  Further, the section of this policy on a drug-free workplace under federal grant programs shall not limit the District's authority to prohibit other alcohol and drug-related behavior.

Date of Revision:

April 14, 2003

 

00955156

 

Legal References:

279.8, 730.5, Code of Iowa; Drug Free Workplace Act of 1988, 41 U.S.C. 701 et seq.; 34 C.F.R., Pt. 85

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.7 Drug and Alcohol Testing Program

Code No. 405.7

DRUG AND ALCOHOL TESTING PROGRAM

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

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, and post-accident return to duty, and follow-up drug and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the District contact person, Board Secretary/Human Resources Manager, 510 Winnebago Street, Decorah, Iowa 52101, (563-382-4209).

Employees who violate the terms of this policy or of its accompanying regulations are subject to discipline, up to and including immediate discharge.  Employees who violate the terms of this policy may be required to successfully participate in a substance abuse treatment program as a condition of continued employment.

The Superintendent or his/her designee shall inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The Superintendent or his/her designee shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles. The Superintendent or his/her designee shall notify the driver for testing.  The Superintendent shall also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

This policy shall not limit the District’s authority to prohibit other alcohol and drug-related behavior.

Date of Last Review:                     June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

41 U.S.C. 701-707; 42 U.S.C. 12114 et seq., 49 U.S.C. 5331 et. seq.; 34 C.F.R. Pt. 85; 49 C.F.R. Pt. 40; 49  C.F.R. 382;  279.8, 730.5 Code of Iowa

 

00972246

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.7 Exhibit A – Drug and Alcohol Testing Program Notice to Employees

Code No. 405.7
Exhibit A

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 District's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident return-to-duty and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

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

It is the responsibility of the Superintendent or his/her designee Board Secretary/Human Resources Manager to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements shall contact the District contact person, the Board Secretary/Human Resources Manager.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating the policy, its supporting documents or the law may be subject to discipline up to and including immediate termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  Drug and alcohol testing records about a driver are confidential and are released in accordance with the policy, its supporting documents or the law.

Date of Last Review:  June, 2013

Revised:  September 16, 2013

00972248

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

405.7 Exhibit B –Drug and Alcohol Testing Program Acknowledgement Form

Code No. 405.7
Exhibit B

DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

 

I, ________________________, have received a copy, read and understand the Drug and Alcohol Testing Program Policy and its supporting documents.  I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.

 

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 immediate termination.

 

I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with the policy, its supporting documents or the law.

 

 

 

 

 

_______________________               __________________________

Signature of Employee                          Date

 

Date of Last Review:  June, 2013

Revised:  April 14, 2003

00955295-1\17467-000

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

 

405.7 Exhibit C – Consent for Request of Information

Uploaded Files: 

405.7 Exhibit D – Drug and Alcohol Test Notification Form

Uploaded Files: 

405.7 Exhibit E – Certification of Previous Employers Requiring a Commercial Driver's License

Uploaded Files: 

405.7 Exhibit F – Drug & Alcohol Reasonable Suspicion Observation

Uploaded Files: 

405.7 Exhibit G – Drug & Alcohol Testing Program Pre-employment Drug Test Acknowledgment Form

Code No. 405.7
Exhibit G

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

 

I, _____________________________________, have been informed of the requirement to submit to a drug test prior to being employed by the Decorah Community School District to perform a safety-sensitive-function.  I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.

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

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

 

_______________________             ___________________________
Signature of Applicant                                        Date

 

543177

Revised:  April 14, 2003

 

405.7 Exhibit H – Random Testing of Driver Change List Form

Uploaded Files: 

405.7 Exhibit I – Post-Accident Drug and Alcohol Testing Instructions to Drivers

Code No. 405.7
Exhibit I
 

POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

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

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

2.       Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.
       Contact:  Director of Transportation
       Decorah Community School District, 510 Winnebago Street,
           Decorah, IA  52101
       ​Contact's work telephone 563-382-4165
       Contact's home telephone 563-382-4959
       Second contact:   Board Secretary
       Second contact's telephone 563-382-4209
       Second contact's home telephone 563-735-5549

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

a.         A fatality, other than the driver, occurred.

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

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

(1)           "Disabling damage" is damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven, but would have been further damaged if so driven.

(2)           "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts:

(a)            Tire disablement without damage even if no spare tire is available.

(b)            Headlight or taillight damage.

(c)            Damage to turn signals, horn, or windshield wipers which make then inoperative.

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

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

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

7.       Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and will result in immediate termination of the driver.

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

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

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

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

12.      Document failure to submit to a post-accident alcohol test if no alcohol test was conducted:

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

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

c.         A copy of the documentation must be submitted to the District Secretary/Business Manager upon return to the school district.

13.       Document failure to submit to a post-accident drug test if no drug test was conducted:

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

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

Date of Last Review:  June, 2013

Revised:  September 16, 2013

00955299

 

405.7R1 Drug and Alcohol Testing Program Regulation

Code No. 405.7R1

DRUG AND ALCOHOL TESTING PROGRAM REGULATION

This administrative regulation supports the Drug and Alcohol Testing Program policy (405.7).  It also establishes and explains the requirements of the District’s drug and alcohol testing program required for employees operating school vehicles.  Note the Drug and Alcohol Testing Program Definitions, Reg. 405.7R2.

A.        Contact Person.

Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations and forms, or the drug and alcohol testing program may be directed to the District contact person, the Board Secretary/Human Resources Manager, 510 Winnebago Street, Decorah, Iowa 52101, (563-382-4209).

B.        Covered Drivers.

1.         The following requirements apply for a driver to be covered by the drug and alcohol testing program:

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

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

2.         Covered drivers include:

a.            Applicants seeking a position as a driver;

b.            Full time, regularly employed drivers;

c.            Casual, intermittent, occasional or substitute drivers; and

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

3.       Covered drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

4.         The use of the term “drivers” in these regulations shall mean “covered drivers.”

C.        Prohibited Driver Conduct.

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

2.       Drivers shall not report for duty or remain on duty when using any drug except when a licensed medical practitioner has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.  (A driver may want to obtain a written statement to this effect from his/her licensed medical practitioner in the event the driver needs to explain the presence of drugs in a urine test.)

3.       Drivers shall not use alcohol for at least four hours prior to or during the performance of a safety sensitive function.

4.       Drivers shall not possess alcohol while on duty.  This includes possessing prescription and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.

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

6.       Drivers shall not refuse to submit to a drug or alcohol test.  A refusal to test is considered a positive test resulting in suspension from duties pending termination of the driver.

7.       Drivers shall not report for duty or remain on duty performing a safety-sensitive function if the driver has a positive drug test result.

D.        Alcohol Testing Procedures.

1.       Driver's breath or saliva is tested for alcohol.

2.       The screening alcohol test is conducted with an evidentiary breath testing device or saliva testing device.

a.            The screening breath alcohol or saliva test determines whether the driver's alcohol concentration is less than 0.02.

(1)                 A screening alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

(2)                 A screening initial alcohol test result of 0.02 alcohol concentration or greater requires a confirmation test.

b.            The confirmation alcohol test is conducted only by an evidentiary breath alcohol testing device to determine whether the driver can continue to perform a safety-sensitive function.

(1)                 A confirmation alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.

(2)                 A confirmation alcohol test result of 0.02 alcohol concentrations but less than 0.04 alcohol concentration requires the driver to cease performing a safety-sensitive function for twenty-four (24) hours.  The driver will not be paid for time he/she is not able to work due to having a test result of 0.02 or greater alcohol concentration.

(3)                 A driver will be terminated for a confirmation alcohol test result of 0.04 breath alcohol concentration or greater.

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

 

a.       Alcohol testing is conducted at a designated collection site unless the situation requires another location.

 

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

 

4.       Screening alcohol testing steps.

 

a.       Once the driver is notified to submit to an alcohol test, the driver must complete the Alcohol/Drug Test Notification Form and the Director of Transportation or another District employee designated by the District Superintendent will transport the driver immediately to the collection site, or the employee may be directed to transport himself/herself to the collection site.  Collection site personnel contact the District immediately when a driver does not arrive at the specified time.  Failure to agree to be transported to the collection site is considered a refusal to test.  Should the Director of Transportation be selected to be tested, he/she will be transported to the collection site by another District employee designated by the Superintendent or the Director will be directed to transport himself/herself.

b.       Upon arrival, the driver must provide a photo identification.  Should the driver not be able to produce a photo identification, the District representative transporting the driver will make the identification.

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

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

(1)     Refusal of the driver to sign the form prior to the screening alcohol test is considered a refusal to test.

(2)     The District is notified immediately by fax of the driver's refusal to sign.

e.       Evidentiary breath alcohol testing device procedures.

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

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

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

          (a)  A physician analyzes the driver's inability to provide adequate breath.

          (b)  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.

(3)     The results of the screening alcohol test are shared with the driver.

f.       Saliva alcohol testing device procedures.

(1)     The driver and the STT review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

(2)     The driver or STT places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the STT may place the swab in the driver's mouth.

(3)     The saliva alcohol testing device is activated with the saturated swab in place.

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

          (a)   The school district is informed.

          (b)   The driver must submit to a breath alcohol test immediately.

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

(6)     The results of the screening alcohol test are shared with the driver.

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

h.       Screening alcohol test results.

(1)     An alcohol test result of less than 0.02 alcohol concentration is reported to the District in a confidential manner, preferably by fax or electronic mail to the Superintendent, and the driver may continue to perform a safety-sensitive function.

(2)     An alcohol test result of 0.02 alcohol concentration or more requires a confirmation alcohol test be performed between fifteen (15) and thirty (30) minutes after the screening test.

(3)     The BAT or STT provides the Superintendent with a copy of the alcohol testing form if written communication was not used to report the test results.

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

5.       Confirmation alcohol testing steps.

a.           The driver is instructed to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen-minute waiting period to avoid accumulation of mouth alcohol leading to an artificially high reading.

b.           The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements.

c.       If a different collection site is used, the driver must be under the observation of the collection site person or school district person while in transit to the confirmation alcohol testing site or while waiting for the confirmation alcohol test.

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

e.       The testing procedure is explained to the driver by a BAT.

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

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

(2)     The District is notified immediately by fax or electronic mail of the refusal to sign.

g.       The driver forcefully blows into the evidentiary breath testing device mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

h.       The confirmation alcohol test results, which are the final and official test results, are shared with the driver.

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

j.        The BAT informs the Superintendent of the results of the test in a confidential manner, preferably by fax or electronic mail.

(1)     An alcohol test result of less than 0.02 alcohol concentration is reported to the Superintendent, and the driver may continue to perform a safety-sensitive function.

(2)     The breath alcohol technician notifies the Superintendent immediately of confirmation alcohol test results of 0.02 alcohol concentration or more.

(3)     The collection site person provides the Superintendent with a copy of the alcohol testing form if written communication was not used to report the test results.

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

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

(1)     A physician analyzes the driver's inability to provide adequate breath.

(2)     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.

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

E.         Drug Testing Procedures.

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

2.         A split specimen urine drug test, often called "split sample 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 certified laboratory only 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.       The driver will be terminated for a positive drug test result.

3.         Drivers taking medication at a licensed medical practitioner's direction may perform a safety-sensitive function if the licensed medical practitioner determines there is not an adverse effect on performing a safety-sensitive function.  (A driver may want to obtain a written statement to this effect from his/her licensed medical practitioner in the event the driver needs to explain the presence of drugs in the urine test.  The driver may also want to note the prescription on the driver’s copy of the chain of custody form.)

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

a.       Drug testing is conducted at a designated collection site unless the situation requires another location.  Public restrooms can be used as collection sites in exceptional circumstances.

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

(1)     Reasons exist to believe the driver may alter or substitute the specimen.

(2)     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.

(3)     The last specimen provided by the driver was determined by the laboratory to not meet specific gravity and urine creatinine concentration criteria.

(4)     The collection site person observes conduct of the driver to substitute or adulterate the specimen.

c.       Direct observation is approved by the supervisor of the collection site person or the designated school district representative.  Non-medical personnel performing direct observation must be of the same gender as the driver.

5.         Drug testing steps.

a.       The Superintendent or his/her designee makes arrangements with the collection site for the test.

b.       Once the driver is notified to submit to a drug test, the driver must complete the Alcohol/Drug Test Notification Form and the Director of Transportation or another District employee designated by the Superintendent will transport the driver immediately to the collection site, or the employee will be directed to transport himself/herself.  The collection site person contacts the Superintendent or his/her designee immediately when a driver does not arrive at the specified time.  Failure to agree to be transported to the collection site is considered a refusal to test.  Should the Director of Transportation be selected to be tested, he/she will be transported to the collection site by another District employee designated by the Superintendent or the Director will be directed to transport himself/herself to the collection site.

c.       Upon arrival, the driver must provide a photo identification.  Should the driver not be able to produce a photo identification, the District representative transporting the driver will make the identification.  The driver may require the collection site person to provide proof of identification.

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

e.       Immediately prior to providing a urine specimen, the driver must wash his or her hands.

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

(1)     Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and trying again.

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

(3)     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.

g.       The specimen is kept in view of the driver and the collection site person.

h.       Upon receipt of the specimen, the collection site person immediately, and in no event later than four minutes from the time of urination, measures the temperature of the specimen.

i.        The driver may volunteer to have his or her oral temperature taken to provide evidence against adulteration or substitution if there is some question about the temperature of the specimen.

j.        The collection site person inspects the specimen for color and other signs of contaminants and notes any unusual findings in the remarks section of the chain of custody form.

k.       Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.  Specimens suspected of adulteration or substitution are also sent to a laboratory for testing.

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

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

n.       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.

o.       The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.  Failure of the driver to sign the form after the drug test is not considered a refusal to test.  However, the collection site person notifies the Superintendent or his/her designee and notes the driver's failure to sign on the form.

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

6.         Laboratory.

a.       The laboratory used by the District's drug and alcohol testing program is certified by the U.S. Department of Health and Human Services (DHHS).  Certified laboratories meet the testing procedures, personnel and record keeping requirements of the law.

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

(1)     A positive drug test result on the initial test of the primary specimen requires a confirmation drug test of the primary specimen.

(2)     The split specimen is discarded if the primary specimen has a negative drug test result.

7.         Medical Review Officer (MRO).

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 negative drug test results and reports negative drug test results to the District, usually within two working days.

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

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

(2)     Upon request of the driver, the split specimen is sent to a second certified laboratory to test only for the drug found in the primary specimen.

(3)     The MRO contacts the Superintendent or his/her designee for assistance if the driver cannot be reached.

(4)     The Superintendent must confidentially inform the driver to contact the MRO.

(5)     Upon contacting the driver, the Superintendent or his/her designee must inform the MRO that the driver was contacted.

(6)     Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.  During this period of time the driver will be allowed to use paid leave he/she may have to his/her credit.  When paid leave is exhausted, he/she will be considered on unpaid leave.

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

(1)     The driver declines the opportunity to discuss the positive drug test.

(2)     The driver fails to contact the MRO within five days after the Superintendent has contacted the driver.

(3)     MRO verification of positive drug 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 drug test result and declare the drug test negative.

e.       The driver is notified of the drugs found in a positive drug test result by the MRO, the Superintendent, or by certified mail to the driver's last known address.

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

F.         Pre-employment Testing

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

a.           A negative drug test result; and

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

2.         Prior to allowing a driver to perform a safety-sensitive function, and no later than fourteen days after performing a safety-sensitive function, the following information must be obtained, or a good faith effort must have been made to obtain the information about the driver's drug and alcohol history.

a.           The following information must be obtained about the driver for the two year period preceding the date of the application.
     (1)  Alcohol test results of 0.04 breath alcohol concentration or greater;
     (2)  Positive drug test results; and
     (3)  Refusals to be tested.

b.           The information must be obtained, or a good faith effort made to obtain, the information if the driver is currently performing and will continue to perform a safety-sensitive function.

c.           The information must be obtained or a good faith effort made to obtain the information if the driver performed a safety-sensitive function and is no longer employed by the school district.

d.           The information does not need to be obtained if the driver did not perform a safety-sensitive function and is no longer employed by the school district.

e.           The school district may obtain information held by the prior employer for the two -year period preceding the date of application even if the information came from other employers.

f.           A good faith effort requires the school district to request and hopefully receive, the information prior to the driver driving and no later than fourteen days after first driving by taking the following steps:

(1)           Obtain the driver's written consent immediately after a conditional employment offer is made.

(2)           Send a completed consent for Release of Information signed by the driver to prior employers via certified mail.

(3)           Contact the prior employers' drug and alcohol testing program managers about the status of the request if no response is received within a reasonable period.

(4)           Take appropriate action (i.e., follow-up with a SAP, terminate employment) if the information received, whether prior to or after the fourteen day period, requires.

(5)           Document and maintain the documentation of the steps taken to obtain the information when it is not received or the prior employer refuses to submit the information.

G.        Random Testing.

1.         Annually, ten percent of the average number of drivers are selected for random alcohol tests and fifty percent of the average number of drivers are selected for random drug tests.

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

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

4.         Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function.  The District documents why some, if any, drivers were selected but not notified.

5.         Drivers selected for random drug testing are notified at any time.  The District must document why some, if any, drivers were selected but not notified.

6.         Once the driver is notified of being selected for a random test, the Director of Transportation or another District employee designated by the Superintendent will transport the driver immediately to the collection site, or the driver will be directed to transport himself/herself to the collection site.  Drivers performing a safety-sensitive function must safely stop and will be transported to the collection site as soon as possible.

7.         A driver who refuses to submit to a test will be immediately discharged.          

H.      Reasonable Suspicion Testing.

1.         A driver may be required to submit to a reasonable suspicion drug test at any time.

2.         A driver may be required to submit to a reasonable suspicion alcohol test just before, during or just after the driver performs a safety-sensitive function or just before, during or just after the time the driver is required to be in compliance with the drug and alcohol testing program policy, its supporting documents or the law.

a.         A reasonable suspicion alcohol test is performed within two hours and no later than eight hours of determining reasonable suspicion.

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

c.         If the alcohol test is not given within eight 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 received training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four 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 his/her reasons.

4.         After testing the Employee will be transported home by a friend or relative and will be on paid administrative leave until the results come back.

I.          Post-Accident Testing.

1.         Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:

a.              A fatality, other than the driver, occurred.

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

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

(1)           "Disabling damage" is damage which precludes the departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.  It includes damage to motor vehicles that could have been driven but would have been further damaged if so driven.

(2)           "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts.

(a)            Tire disablement without other damage even if no spare tire is available.

(b)            Headlight or taillight damage.

(c)            Damage to turn signals, horn, or windshield wipers which make them inoperative.

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

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

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

3.         Alcohol testing requirements.

a.         The alcohol test is administered within two hours and no later than eight hours of the accident.

b.         The reasons for administering the test later than two hours after the accident must be documented.

c.         The reasons for not administering the test within eight hours of the accident must be documented.

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

4.         Drug testing requirements.

a.         The drug test is administered as soon as possible and no later than 32 hours after the accident.

b.         The 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.

J.       District Responsibilities.

1.       Provide drivers with information on the drug and alcohol testing requirements of the drug and alcohol testing program policy, its supporting documents and the law, including the driver’s obligations.

2.       Supervisors of drivers or employees designated to determine reasonable suspicion must receive sixty minutes of training on alcohol misuse and sixty minutes of training on drug use.  The training must address the physical, behavioral, speech and performance indicators of probable alcohol misuse and drug use.  The reasonable suspicion training certificate must be maintained by the District until the employee leaves employment of the District or is no longer authorized to make a reasonable suspicion determination.

3.       Provide drivers with instructions prior to the driver operating a school vehicle to enable the driver to comply with the drug and alcohol testing requirements.

4.       Disallow drivers to report to work or perform a safety-sensitive function when the District has actual knowledge of a driver's drug use whether or not a drug test was conducted.

5.       Disallow drivers to report to work or perform a safety-sensitive function when the District has actual knowledge of a driver with 0.02 alcohol concentration or greater whether or not an alcohol test was conducted.

6.       Ensure, through the District's drug and alcohol testing program service provider, that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary testing device or saliva alcohol testing device used for alcohol testing of its drivers, describes the inspection, maintenance and calibration requirements and intervals for the device.

7.          Ensure, through the District’s drug and alcohol testing program service provider, that the collection site person using an evidentiary breath testing device is a certified breath alcohol technician (BAT).

8.          Ensure, through the District's drug and alcohol testing program service provider, that the collection site person using a saliva alcohol testing device is a certified BAT or saliva test technician (STT).

K.       Return-to-Duty and Follow-up Testing

Return-to-duty testing is required for drivers who tested positive for drugs, failed an alcohol test, or refused to take a drug or alcohol test.  In order to return to performing safety-sensitive functions an alcohol concentration of less than 0.02 and/or a negative drug test is required. There are also referral, evaluation and treatment requirements that must be met.

Follow-up testing is required for drivers who tested positive for drugs, failed an alcohol test, or refused to take a drug or alcohol test.  The regulations call for a minimum of six (6) follow-up tests during the first year back in a safety-sensitive position, in addition to the random tests. However, follow-up testing can continue for up to five (5) years.

Only the Substance Abuse Professional can set the number, frequency and length of time that follow-up testing is required.

Should the District choose to retain the driver, all Return-To-Duty and Follow-up testing will be at the employee's expense.

L.         Consequences of Violating the Drug and Alcohol Testing Program Policy, Its Supporting Documents or the Law.

1.         Each violation is dealt with based on the circumstances surrounding the violation.  The following consequences may result from a violation:

a.         Drivers may be disciplined up to and including immediate 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 refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to immediate termination.

e.         Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements shall be disqualified from further consideration.

2.         Nothing in the drug and alcohol testing program policy, its supporting documents or the law relating to drug and alcohol testing limits or restricts the right of the Board or Superintendent to discipline, up to and including immediate termination, a driver for conduct which violates the District's policies, supporting documents and procedures.

M.        Drug and Alcohol Testing Records.

1.         Drug and alcohol testing records are stored in locked files at limited access locations separate and apart from the drivers’ general personnel records.

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

a.         Records may be released to appropriate government agencies without a driver's written consent.

b.         Records may be released to appropriate District employees without a driver's written consent.

c.         The District may, without a driver's written consent, make a driver’s drug and alcohol test records available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver and arising from the result of an alcohol or drug test under the drug and alcohol testing program policy, its supporting documents or the law or from the District's determination that the driver violated the drug and alcohol testing program, its supporting documents, or the law.

3.         With a written request, drivers may access and copy their drug and alcohol test records in accordance with the Board policy related to employee records.  A driver is not denied access to these records for failure to pay fees associated with other records.

4.         The following records of the District's drug and alcohol testing program are maintained for the time period indicated.

a.         One year:

(1)                 Records of negative and canceled drug test results and alcohol test results of less than 0.02 alcohol concentration.

(2)                 Records related to a driver's test results.

(3)                 Records related to other violations of the law.

(4)                 Records related to substance abuse evaluations.

b.         Two years:

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

c.         Five years:

(1)                 Alcohol test results of 0.02 alcohol concentration and greater.

(2)                 Verified positive drug test results.

(3)                 Documentation of refusals to take required alcohol and/or drug tests.

(4)                 Evidentiary breath testing device calibration documentation.

(5)                 Driver substance abuse evaluations and referrals.

(6)                 Annual calendar year summary.

(7)                 Records related to the administration of the drug and alcohol testing program.

d.              Forever or as designated below:

(1)           Reasonable suspicion training certificates must be retained two years after the employee is no longer authorized to make a reasonable suspicion determination.

(2)           Records related to the education and training of drivers must be retained two years after the employee ceases to perform a safety sensitive function.

 

Date of Last Review:  June, 2013

Revised: September 16, 2013

00972250

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

 

405.7R2 Drug and Alcohol Testing Program Definitions

Code No. 405.7R2

DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

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

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

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

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

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

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

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

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

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

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

Driver - any person who operates a school vehicle.  This includes, but is not limited to:  full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the 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 drivers 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.

Licensed Medical Practitioner - a person who is licensed, certified and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.

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

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

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

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

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

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

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

Saliva test technician (STT) -an individual who has successfully completed U.S. DOT approved training for saliva alcohol testing who instructs and assists drivers in the initial (screening) alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

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 one pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.

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

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

Revised:  April 14, 2003

955396

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

406 Employee Ethics and Professional Standards

406.1 Tutoring and Conducting Personal Business

Code No. 406.1

TUTORING AND CONDUCTING PERSONAL BUSINESS

All instructional and extra-curricular services to students shall be provided as a part of the District's instructional and activity program.  No employee shall accept fees or other compensation for private tutoring, lessons, coaching or any other educational services for District students during the school year or while under contract outside of the school year unless specific written approval is obtained in advance from the Superintendent.

No District facilities, equipment, materials or supplies shall be used by any employee for private tutoring, lessons, coaching or any other educational services or for an employee's private business or activities without prior specific approval from the Superintendent.

The employee will be responsible to meet the same requirements as other individuals or organizations using the facilities, equipment and materials.

The Board of Directors, through its administration, retains all rights to determine when individuals and employees, when on school property or during working hours, may conduct personal business.

Date of Revision:

April 14, 2003

 

Legal References:

68B.2A, 279.8, 721.2, Code of Iowa; 282 I.A.C.  25.3(6), 26.3

 

565747

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

406.2 Conflicts of Interest

Code No. 406.2

CONFLICTS OF INTERESTS

Employee’s use of their position with the District for financial gain other than for salary lawfully earned is considered a conflict of interest with their position as employees.  No employee shall engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  Situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to:

(1)             The outside employment or activity involves the use of the District's time, facilities, equipment and supplies or the use of the District badge, uniform, business card or other evidence of office to give the employee or member of the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated employees 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.

(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 state or 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 in which the employee performs service 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 employment.

                  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.

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

Employees shall not participate in the selection, award, or administration of a contract when procurement is supported by federal Child Nutrition funds if there is a real or apparent conflict of interest in the contract.  It shall be deemed a real or apparent conflict of interest if an employee, a member of the employee’s immediate family, a partner of the employee, or a non-District employer of any of these individuals is a party to the contract.

It shall be the responsibility of each employee to be aware of an actual or potential conflict of interest.  It shall also be the responsibility of each employee to take the action necessary to eliminate such a conflict of interest.  Should a conflict of interest arise, an employee should not participate in any action relating to the issue from which the conflict arose.  Employees may be subject to disciplinary action for engaging in any activity that is or creates a conflict of interest.

Date of Last Review:                       June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

Chapter 68B, 71.1, 277.27, 279.7A, 279.8, 301.28, 721.11, Code of Iowa

 

00972259

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

406.3 Gifts and Honoraria to District Employees and Their Families

Code No. 406.3

GIFTS AND HONORARIA TO DISTRICT EMPLOYEES AND THEIR FAMILIES

Except as otherwise provided in this policy, no employee of the District or member of an employee's immediate family (spouse or dependent children) shall solicit, accept, or receive any gift or series of gifts, nor shall any employee of the District accept an honorarium if the donor is or is seeking to be a party to one or any combination of sales, purchases, leases, or contracts with the District or if the donor will personally be or is the agent of a person who will be directly or 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.

A "gift" for purposes of this policy shall include anything of value in return for which legal consideration of equal or greater value is not given.  However, the following gifts will not be prohibited: 

(1)             a contribution to a candidate; or

(2)             informational material relevant to official functions, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio, or visual format; or

(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; or

(4)             an inheritance; or

(5)             anything available or distributed free of charge to the public generally; or

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

(7)             actual expenses for food, beverages, registration, travel, and lodging for a meeting which is given in return for the employee's participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day(s) on which the employee has participation or presentation responsibilities; or

(8)             food and beverages provided at a meal that is part of a bona fide event or program at which the recipient is being honored for public service; or

(9)             plaques or items of negligible resale value given as recognition for public services; or

(10)           nonmonetary items with a value of $3.00 or less received from one donor during one calendar day; or

(11)           items or services solicited by or given to, for purposes of a business or educational meeting, a state, national, or regional government organization in which the District is a member, or solicited by or given for purposes of a business or educational meeting, a state, national, or regional government organization whose membership and officers are primarily composed of state or local government officials or employees; or

 (12)          items or services received as part of a regularly scheduled event that is part of a business or educational conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional organization in which the District is a member, or received at such an event by members or representatives of members of state, national, or regional government organizations whose membership and officers are primarily comprised of state or local government officials or employees; or

(13)           funeral flowers or memorials to a church or nonprofit organization; or

(14)           gifts for an employee's wedding or 25th or 50th wedding anniversary; or

(15)           payment of salary or expenses by the District for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the District for attending the meeting; or

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

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

 

An "honorarium" for purposes of this policy means anything of value that is accepted by, or on behalf of, an employee of the District, as consideration for an appearance, speech, or article.  However, the following "honoraria" may be accepted:

(1)             payment of actual expenses for registration, food, beverages, travel, and lodging when the expenses relate directly to the day(s) on which the employee has participation or presentation responsibilities; or

(2)             a non-monetary item if the Board member, official or employee donates the item within 30 days to a public body, a bona fide educational or charitable organization, or the department of general services of the State of Iowa; or

(3)             a payment made to the employee for services rendered as part of the employee's private business, trade or profession if the payment is commensurate with the actual services rendered and is not made because of the person's status as a public official or public employee but, rather, because of the employee's special expertise or other qualifications.

This policy shall not prohibit District employees from receiving nonmonetary gifts from or on behalf of students or groups of students for special occasions such as holidays, retirement, end of sessions, or periods of illness, provided the gift is not of excessive value and is not given to influence the employee's judgment in professional or official matters, but rather is given as a token of appreciation.  No employee shall accept a monetary gift from or on behalf of a student or group of students.

It shall be the policy of the District to encourage students and their parents to donate an item for the District or for a classroom or activity in lieu of donating gifts personally to an employee.

It is the intent of the Board that District officials and employees be extremely cautious and circumspect about accepting any gratuity, favor, or gift.  The acceptance of personal benefits raises suspicions that tend to undermine public trust.  Employees shall inform the Superintendent of any possible gift that may violate this policy or Iowa law.

Date of Last Review:                         June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

Chapter 68B, Code of Iowa 

 

00972266

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

406.4 Personnel Political Activity

Code No. 406.4

PERSONNEL POLITICAL ACTIVITY

Employees shall not engage in political activities upon District property or during a student activity.  Activities prohibited include, but are not limited to, posting of political signs, circulars or petitions, the distribution of political circulars or petitions, the collection of and/or solicitation for campaign funds, the solicitation for campaign workers, the use of students or equipment for writing, drawing or addressing political materials, using District telephones or computers for solicitations or to poll or to urge a particular vote, using reproduction or computer equipment, wearing political t-shirts, buttons or other campaign materials, and the distribution of such materials to or by students.

Employees may engage in political activities of their choosing on their own time off District premises.  Employees may attend political caucuses and other activities on District property which are open generally to the public.

Violation of this policy may be grounds for disciplinary action.

Date of Last Review:                    June, 2013

Date of Revision:

September 16, 2013 

 

Legal References:

68A.406, 68B.2A, 721.2-.4, 279.8 Code of Iowa, 351 I.A.C. 5.5(8); 26 U.S.C. 501(c)3

 

00972267

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

406.5 Nepotism

Code No. 406.5

NEPOTISM

More than one family member may be employed by the District.  However, an attempt shall be made so that an employee does not immediately supervise a member of the employee's family or immediate household.  If necessary, arrangements shall be made so that another supervisor is assigned to directly supervise and evaluate the employee.  For purposes of this policy, a family member shall include the employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandchild, grandparent, or any other person regularly residing in the employee's immediate household. For family members not defined in this policy, it is within the discretion of the Superintendent to allow two persons employed by the District to supervise one another. 

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

Date of Last Review:                        June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

71.1, 279.8, Code of Iowa

 

00972269

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

406.6 Reporting Child and Dependent Adult Abuse

Code No. 406.6

REPORTING CHILD AND DEPENDENT ADULT ABUSE

To provide protection to victims of child and dependent adult abuse, incidents of alleged abuse should be reported to the Iowa Department of Human Services.  All employees are encouraged, and licensed employees are required, to report within 24 hours to the Iowa Department of Human Services when there is reason to believe that a student under the age of 18 has been abused or neglected as defined by law by a person responsible for the student's care. The verbal report must be followed with a written report using the appropriate forms.  The District shall arrange for licensed employees to complete training relating to the identification and reporting of abuse within six months of initial employment and thereafter at least every five years.  Employees shall be given a statement of the abuse reporting requirements within one month of initial employment.

Reports of child abuse remain confidential, as required by law. 

It is also the policy of the District that all employees are required to report to the level one investigator any suspected cases of physical or sexual abuse of students by District personnel pursuant to the District's policy contained in Series 500 of Board policies.

Date of Last Review:                         June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

232.67-.71, 232.73, 232.75, 232.77, 232.81, 232.83, 279.8, 280.17, Code of Iowa; 281 I.A.C. Chapter 102; 441 I.A.C. Chapters 155 and 175

 

00972272

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

406.6R1 Child Abuse Reporting Regulation

Code No. 406.6R1

CHILD ABUSE REPORTING REGULATION

Iowa law requires licensed employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse which they become aware of within the scope of their professional practice.  A "child" is defined as a person under 18 years of age.

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

Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report are immune from liability.  Reports of child abuse remain confidential, as required by law.

Child Abuse Defined

"Child abuse" is defined as:

·       Any nonaccidental 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.

·       Any mental injury to a child's intellectual or psychological capacity as 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.

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

·       The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do 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 prohibited pursuant to Iowa Code section 725.1 (which deals with prostitution).

·       An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or 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, its salts, with the intent to use the product as a precursor or an intermediary to a dangerous substance.

CHILD ABUSE REPORTING REGULATION

·       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 or omissions of a person responsible for the care of the child.

·       Cohabitation by a person responsible for the care of the child with a person on the sex offender registry, unless the person responsible for the care of the child is married to or the parent of the registered sex offender.

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

Reporting Procedures

Licensed employees are required to report, either orally or in writing, within twenty-four hours to the Iowa Department of Human Services when the employee reasonably believes from knowledge obtained within the scope of employment, that a child has suffered from abuse.  If the licensed employee has reason to believe that immediate protection for the child is advisable, the employee shall also make an oral report to an appropriate law enforcement agency.  Within forty-eight hours of an oral report, a written report must be filed with the DHS.

District employees shall report orally to the following:
                   Department of Human Services                        1-563-382-5085

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

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

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

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

·       description of nature and extent of injuries, including evidence of previous injuries;

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

·       any other information considered helpful in establishing the cause of the injury to the child, the identity of the person(s) responsible for the injury, or in providing assistance to the child; and

·       name and address of the person making the report.

Cooperation

It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  The DHS is responsible to investigate the incident of alleged abuse.  All employees shall cooperate in good faith with the Department of Human Services in an investigation.  The Department of Human of Services has the right to come to the school where the child named in a report is located.  The administrators must cooperate with the investigation by providing confidential access to the records of the child named in the report and to other children for the purpose of interviewing the child(ren) to obtain relevant information.  The District recognizes no obligation to contact the parents or guardians of a child suspected to be a victim of abuse.

Date of Last Review:  June, 2013

Revised: September 16, 2013

00972273

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

 

406.7 Publication or Creation of Materials

Code No. 406.7

PUBLICATION OR CREATION OF MATERIALS

Materials created by employees and the financial gain therefrom shall be the property of the District if school materials or time were used in their creation and/or such materials were created in the scope of the employee's employment.  This includes, but is not limited to:  lesson plans, educational aids, presentation slides, grading rubric, research notes, and material distributed to students.  If the work or activity may interfere with the employee's primary responsibility, the employee must seek prior written approval from the Superintendent.

Date of Last Review:                     June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

279.8, Code of Iowa

 

00972277

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

406.8 Computer/Internet Usage

Code No. 406.8

DECORAH COMMUNITY SCHOOL DISTRICT
EMPLOYEE COMPUTER, INTERNET AND OTHER NETWORK RESOURCES
ACCEPTABLE USE POLICY

Privacy Expectation.

All of the District's automated systems, including electronic mail, voice mail, Internet access and electronic storage systems, are District property and are not confidential.  The District has the right to access, review, copy, modify, and delete “Network Resources” transmitted through or stored in the District’s system, including E-mail, Web Postings, and Other Online Communications.  Files containing personal and/or business information about an employee are treated no differently than the District's other files, and the employee has no expectation of privacy in such materials.

Computers Owned By The District.

Whether being used in the District or in another location:

  • Only authorized employees, authorized students, or persons authorized by the administration may use the computer, as use by others puts District assets and records in jeopardy.  Employees are not to allow unauthorized persons access to District computer equipment, whether by allowing use of the computer or by viewing the contents of the computer.
  • Only software approved by the District shall be loaded on the computer and no programs or files shall be downloaded onto the computer from the Internet with out prior authorization from the District.
  • Passwords need to be kept in a discreet location.  Any employee identified as a security risk or having a history of problems with other computer systems may be denied access to the District’s Internet and network resources.

Network Resources (including E-mail, Web Postings, and Other Online Communications) Usage.

Use of Network Resources, to engage in any communication in violation of applicable laws or District policies, including the creation, access, or transmission of defamatory, obscene, pornographic, profane, offensive, threatening, discriminatory, or harassing messages, or messages that disclose personal or confidential information without authorization, is strictly prohibited.

Employees are to use caution in addressing messages to ensure that messages are not inadvertently sent to the wrong party.  This is critical because of the sensitive nature of the documents and information the District often may be asked to send and receive.  Addresses employees are using must be correct and current.

Use of Network Resources to improperly distribute copyrighted materials is prohibited.

Network Resources systems can be useful tools, permitting rapid and efficient communication with a large audience.  This same strength can be a weakness, as a hastily written note may be subject to misinterpretation in the future, when the context is not as clear.  This is particularly true when a message is subject to being forwarded, rerouted, or saved by others.  For this reason, when sending electronic messages, employees should keep the following test in mind:  "Would I be concerned if I had to read this message out loud, under oath, as a witness in a courtroom proceeding?"

Use of another user's name/account to access e-mail or the Internet is strictly prohibited.

Internet Usage in General.

In general, employees are required to make efficient, ethical, and legal utilization of the District’s Internet and other Network Resources.  The Internet and other Network Resources may be used only for purposes that effectively support the District's goals and objectives or for non-District purposes that are approved by the administration.  The District has the ability and reserves the right to review records of use of the Internet and other Network Resources.

The District will not be responsible for maintaining or payment of personal Internet accounts, nor shall the District be responsible for any costs associated with Internet services accessed by an employee without the prior consent of the District.

Employees will respect all copyright and license agreements regarding software or publications they access from the Internet.  The District will not condone violations of copyright laws and licenses, and the employee will be personally liable for any fines or sanctions caused by the license or copyright infringement.

Inappropriate Uses of Internet and Network Resources (including E-mail, Web Postings, and Other Online Communications).

The District strictly prohibits inappropriate uses of the Internet and network resources (including e-mail, web postings, and other online communications), which include but are not limited to the following:

  • Disclosure of confidential or sensitive data known or entrusted to the District to any unauthorized individuals.
  • Misuse of copyrighted material or other copyright violations.
  • Communicating in ways that disparage the products or services of other companies.
  • Communicating information that could be perceived as an official District position or endorsement without proper approval.
  • Using confrontational or improper language or making statements that are defamatory.
  • Creating, storing, viewing, or transmitting defamatory, pornographic, obscene, profane, illegal or otherwise offensive material.  If an employee encounters such prohibited material, the employee should immediately terminate contact with the material and notify appropriate District personnel.
  • Participating in any activity that could be interpreted as harassment or discrimination.
  • Misrepresenting an individual's identity or the source of communications or data.
  • Attempting to break into any other Internet server.
  • Accessing confidential information on computer resources without authorization.
  • Promoting political or religious positions (including violations of ethics and campaign disclosure laws).
  • Participating or engaging in activities that violate any local, state, federal, or international law, or any District policies, rules, or standards.
  • Operating a personal business or using the Internet as provided by the District for personal gain.
  • Exporting or importing of any governmentally controlled technical data or software (such as software encryption) to or from unauthorized locations or persons, without appropriate licenses or permits.
  • Disrupting the use of the network by other users, or wasting system resources.
  • Sending unsolicited messages (including spam).
  • Vandalizing network resources through any malicious act or attempt to harm, modify, or destroy the computer property or data of the District or another user, the Internet or network resources of the District, or any other technologies used in the District.  This includes, but is not limited to, participation in hacking or the uploading or creation of computer viruses and other malicious programs.

Employee-Owned Computers and Electronic Devices.  The use of employee-owned computers and electronic devices is subject to the normal requirements of legal and ethical behavior within the District community.  Employees should be guided by applicable laws, District policies, and sound professional judgment on their use of employee-owned computers and electronic devices, including but not limited to access to Internet websites, creation or maintenance of personal webpages, transmission or receipt of e-mail messages, blogging, instant messaging, use of portable music devices, use of cellular phones, and/or text messaging.

Employees must model appropriate character, both on and off the worksite.  This applies to material which employees post on personal websites and other Internet sites such as My Space or Facebook.  If employees post messages or pictures which diminish their professionalism or discredit their capacity to maintain the respect of students and parents, it will impair their ability to serve as role models for children and their overall fitness for duty.  The type of material that would adversely affect an employee’s ability to serve as an appropriate role model includes, but is not limited to, text or pictures involving hate speech, nudity, obscenity, vulgarity, or sexually explicit content. Employee communications with students, in particular, should be limited as appropriate.  If there is any uncertainty, employees should consult their supervisor or principal.

Reliability.  The District makes no warranties of any kind, whether express or implied, for the service it is providing.  The District will not be responsible for any damages that employees or other persons may suffer.  This includes damages due to loss of data resulting from delays, no deliveries, mis-deliveries, or service interruptions, whether caused by the District’s own negligence or the employee’s errors or omissions.  The District specifically denies any responsibility for the accuracy or quality of information obtained through its services. 

Harassment and Bullying.  In accordance with Iowa law, the District’s policy against harassment and bullying applies to electronic communications such as e-mail messages, internet-based communications, cell phones, and electronic text messaging.  Employees shall not engage in harassing or bullying behavior via any electronic means, including those means that are not part of the District system.

Internet Safety.  To the extent required by federal law, the District shall use technology protection measures to protect against employee access of inappropriate material online.

Employees' E-mail/Internet and other District network access may be monitored at any time without prior notice.  Users violating any portion of these rules may receive a written warning or other discipline, including termination, depending upon the seriousness of the violation.

An employee’s continued employment with the District constitutes his or her consent to this policy.

Date of Last Review:                                              June, 2013

Date of Revision:                                             September 16, 2013

Legal References:

279.8, Code of Iowa

 

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS                         

406.8 Exhibit A – Employee Computer/Internet Form

Code No. 406.8
Exhibit A 

DECORAH COMMUNITY SCHOOL DISTRICT
EMPLOYEE COMPUTER, INTERNET AND OTHER NETWORK RESOURCES
ACCEPTABLE USE POLICY

All of the District's automated systems, including electronic mail, voice mail, Internet access and electronic storage systems, are District property and are not confidential.  The District has the right to access, review, copy, modify, and delete “Network Resources” transmitted through or stored in the District’s system, including E-mail, Web Postings, and Other Online Communications.

Files containing personal and/or business information about an employee are treated no differently than the District's other files, and the employee has no expectation of privacy in such materials.

COMPUTERS OWNED BY THE DISTRICT:

Whether being used in the District or in another location:

  • Only authorized employees, authorized students, or persons authorized by the administration may use the computer, as use by others puts District assets and records in jeopardy.   You are not to allow unauthorized persons access to District computer equipment, whether by allowing use of the computer or by viewing the contents of the computer.
  • Only software approved by the District shall be loaded on the computer, and no programs or files shall be downloaded from the Internet without prior authorization the District.
  • Passwords need to be kept in a discreet location.  Any employee identified as a security risk or having a history of problems with other computer systems may be denied access to the District’s Internet and network resources.

NETWORK RESOURCES (INCLUDING E-MAIL, WEB POSTINGS, AND OTHER ONLINE COMMUNICATIONS) USAGE:

Use of Network Resources to engage in any communication in violation of applicable laws or District policies, including the creation, access, or transmission of defamatory, obscene, pornographic, profane, offensive, threatening, discriminatory, or harassing messages, or messages that disclose personal or confidential information without authorization, is strictly prohibited.

Use caution in addressing messages to ensure that messages are not inadvertently sent to the wrong party.  This is critical because of the sensitive nature of the documents and information we often may be asked to send and receive. Always double check that the address you are using is correct and current.

Use of Network Resources to improperly distribute copyrighted materials is prohibited.

E-mail and other Network Resources can be useful tools, permitting rapid and efficient communication with a large audience.  This same strength can be a weakness, as a hastily written note may be subject to misinterpretation in the future, when the context is not as clear.  This is particularly true when your message is subject to being forwarded, rerouted, or saved by others.  For this reason, when sending electronic messages, you should keep the following test in mind:  "Would I be concerned if I had to read this message out loud, under oath, as a witness in a courtroom proceeding?"  If that possibility does not unduly concern you, then your message is probably acceptable.

Use of another user's name/account to access e-mail or the Internet is strictly prohibited.

INTERNET USAGE IN GENERAL:

In general, employees are required to make efficient, ethical, and legal utilization of the District’s Internet and other Network Resources.  Internet and other Network Resources may be used only for purposes that effectively support the District's goals and objectives or for the non-business purposes that are approved by the administration. The District has the ability and reserves the right to review records of use of the Internet and other Network Resources.

The District will not be responsible for maintaining or payment of personal Internet accounts, nor shall the District be responsible for any costs associated with Internet services accessed by you without the prior consent of the District.

You must respect all copyright and license agreements regarding software or publications you access from the Internet. The District will not condone violations of copyright laws and licenses, and you will be personally liable for any fines or sanctions caused by any license or copyright infringement.

INAPPROPRIATE USES OF INTERNET AND NETWORK RESOURCES (INLCUDING E-MAIL, WEB POSTINGS, AND OTHER ONLINE COMMUNICATIONS):

The District strictly prohibits inappropriate uses of the Internet and network resources (including e-mail, web postings, and other online communications), which include but are not limited to the following:

•       Disclosure of confidential or sensitive data known or entrusted to the District to any unauthorized individuals.

•       Misuse of copyrighted material or other copyright violations.

•       Communicating in ways that disparage the products or services of other companies.

•       Communicating information that could be perceived as an official District position or endorsement without proper approval.

•       Using confrontational or improper language or making statements that are defamatory.

•       Creating, storing, viewing, or transmitting defamatory, pornographic, obscene, profane, illegal or otherwise offensive material.  If you encounter such prohibited material, you should immediately terminate contact with the material and notify appropriate District personnel.

•       Participating in any activity that could be interpreted as harassment or discrimination.

•       Misrepresenting an individual's identity or the source of communications or data.

•       Attempting to break into any other Internet server.

•       Accessing confidential information on computer resources without authorization.

•       Promoting political or religious positions (including violations of ethics and campaign disclosure laws).

•       Participating or engaging in activities that violate any local, state, federal, or international law, or any District policies, rules, or standards.

•       Operating a personal business or using the Internet as provided by the District for personal gain.

•       Exporting or importing of any governmentally controlled technical data or software (such as software encryption) to or from unauthorized locations or persons, without appropriate licenses or permits.

•       Disrupting the use of the network by other users, or wasting system resources.

•       Sending unsolicited messages (including spam).

•       Vandalizing network resources through any malicious act or attempt to harm, modify, or destroy the computer property or data of the District or another user, the Internet or network resources of the District, or any other technologies used in the District.  This includes, but is not limited to, participation in hacking or the uploading or creation of computer viruses and other malicious programs.

Employee-Owned Computers and Electronic Devices.  The use of employee-owned computers and electronic devices is subject to the normal requirements of legal and ethical behavior within the District community.  You should be guided by applicable laws, District policies, and sound professional judgment on your use of employee-owned computers and electronic devices, including but not limited to access to Internet websites, creation or maintenance of personal webpages, transmission or receipt of e-mail messages, blogging, instant messaging, use of portable music devices, use of cellular phones, and/or text messaging.

Employees must model appropriate character, both on and off the worksite.  This applies to material which you post on personal websites and other Internet sites such as My Space or Facebook.  If you post messages or pictures which diminish your professionalism or discredit your capacity to maintain the respect of students and parents, it will impair your ability to serve as role models for children and your overall fitness for duty.  The type of material that would adversely affect an employee’s ability to serve as an appropriate role model includes, but is not limited to, text or pictures involving hate speech, nudity, obscenity, vulgarity, or sexually explicit content. Employee communications with students, in particular, should be limited as appropriate.  If there is any uncertainty, you should consult your supervisor or principal.

Reliability.  The District makes no warranties of any kind, whether express or implied, for the service it is providing.  The District will not be responsible for any damages that you or other persons may suffer.  This includes damages due to loss of data resulting from delays, no deliveries, mis-deliveries, or service interruptions, whether caused by the District’s own negligence or your errors or omissions.  The District specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Harassment and Bullying.  In accordance with Iowa law, the District’s policy against harassment and bullying applies to electronic communications such as e-mail messages, internet-based communications, cell phones, and electronic text messaging.  You shall not engage in harassing or bullying behavior via any electronic means, including those means that are not part of the District system.

Internet Safety.  To the extent required by federal law, the District shall use technology protection measures to protect against employee access of inappropriate material online.

Employees' E-mail/Internet and other District network access may be monitored at any time without prior notice.  Users violating any portion of these rules may receive a written warning or other discipline, including immediate termination, depending upon the seriousness of the violation.

An employee’s continued employment with the District constitutes his or her consent to this policy.  All questions relating to the content of this regulation should be directed to:  ______________.

By signing this agreement, I hereby represent that I have read, understand, and will comply with the above rules.

Date: 

__________________                                ________________________
                                                                     Signature

                                                                   _______________________ 
                                                                     Printed Name

 

Date of Last Review:  June, 2013

Form revised: September 16, 2013

00972714

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  

406.9 Notification of Arrests, Criminal Charges and of Child and Dependent Adult Abuse Complaints

Code No. 406.9

NOTIFICATION OF ARRESTs, CRIMINAL CHARGES
and of CHILD OR DEPENDENT ADULT ABUSE COMPLAINTS

Employees of the District must notify the Superintendent of any arrests, the filing of any criminal charges, and the disposition of any criminal charges pending against them.  Except for employees whose duties require possession of a Commercial Drivers License, simple misdemeanors do not need to be reported to the Superintendent.  Notification to the Superintendent shall occur no later than 48 hours after any arrests, the filing of any criminal charges, or the disposition of any criminal charges pending against them.

Employees must also notify the Superintendent of any child abuse or dependent adult abuse complaints filed against them and also any findings on any complaint against them alleging child or dependent adult abuse.  Notification to the Superintendent of any complaints and findings shall occur no later than 48 hours after any abuse complaints filed against them and also any findings on any complaint against them alleging abuse.

Current employees shall report any felony convictions or founded complaints of child or dependent adult abuse that occurred within the previous five years.

Information relating to arrests, criminal charges, dispositions, child abuse or dependent adult abuse complaints and findings shall be treated and maintained as part of the employee's confidential file.

Employees who do not notify the District as required under this policy may be subject to disciplinary action, up to and including immediate termination.

Date of Last Review:                              June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

232.67-71B, 232.77, 232.81, 232.83, Chapter 235A
279.8, 280.17, Code of  Iowa Code; 441 I.A.C. 152, 155 and 175

00972716-1

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

407 Employee Personal Activities

407.1 Responsibility for Personal Property

Code No. 407.1

RESPONSIBILITY FOR PERSONAL PROPERTY

The District and its agents and employees shall not be held responsible for replacing, repairing, or recovering personal items brought onto school property.

Date of Last Revision:                        June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

279.8, Code of Iowa

 

00972717

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

407.2 Solicitations

Code No. 407.2

SOLICITATIONS

Generally, employees should be free from solicitations at their place of employment.  No organization, individual, or employee may solicit employees or distribute flyers or other materials within school facilities or on school grounds without the advance 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 two days’ notice, require the employee to cease such solicitations as a condition of continued employment.  However, no employee shall be required to pledge money or participate in the solicitation.

Date of Last Review:                       June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

279.8, 721.3, Code of Iowa

 

00972718

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

407.3 Desks, Lockers and Storage Areas

Code No. 407.3

DESKS, LOCKERS AND STORAGE AREAS

Employees may be assigned desks, lockers, or other storage areas for their personal belongings.  The District retains the right to inspect these areas at any time and for any reason and without notice, including to check for damage or for a violation of a District policy or rule.  Employees have no expectation of privacy in the District desk, locker or other storage area.  Employees are not to store any hazardous material, weapon, knife, controlled substance, or alcoholic beverage on District property, except that a small container of spray commonly used for personal protection may be stored on District property if the facility in which it is stored is locked.

Except in cases of emergency, if it is believed that an employee has a prohibited item inside a personal belonging such as a book bag, purse, or garment, the employee will first be asked to open the personal belonging.

Date of Last Review:  June, 2013

Date of Revision:   March 10, 2008

00972719

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

408 Other Personnel

408.1 Substitutes

Code No. 408.1

SUBSTITUTES

It is the policy of the Board of Directors to attempt to hire properly licensed or qualified individuals to substitute for absent employees.  Substitute employees shall be retained by the administration and not by the individual employee.  The District shall maintain a personnel file on all licensed substitute employees which shall include their licenses and educational transcripts.

Licensed substitutes shall be paid at a daily rate(s) set by the Board of Directors for the first ten (10) consecutive work days in one assignment.  Licensed substitutes shall be paid at a daily rate based on the teacher's regular salary schedule after ten (10) consecutive work days in one assignment.  The salary schedule rate shall be paid from the first day of the assignment if it is known at that time that the assignment will be for more than ten (10) consecutive work days. 

Classified substitutes shall be paid at an hourly rate of pay. 

Date of Last Review:                      June, 2013

Date of Revision:

September 16, 2013

 

Legal References:

20.4, 279.8, 280.14, Code of Iowa; 281 I.A.C.
12.4(11)

 

00972720

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

408.2 Student Teachers and Interns

Code No. 408.2

STUDENT TEACHERS AND INTERNS

It is the policy of the Board of Directors to cooperate with higher educational institutions in the practical preparation of future teachers. The Superintendent has the authority to reject or accept any student teacher or intern applicant or institution. Fees paid by the higher education institutions for supervision will be paid directly to the supervising teachers.

Contracts shall be confirmed annually for each institution that places student teachers in the District.

Date of Last Review:                      June 2013

Date of Revision:

September 16, 2013

 

Legal References:

272.27, 670.8, Code of Iowa

 

00972721

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

408.3 Volunteers

Code No. 408.3

VOLUNTEERS

The Board welcomes and recognizes the contributions made by volunteers in the schools.  Volunteers may work in the presence or absence of professional instructional staff under the direction, supervision and control of the professional staff.  Volunteers must abide by District policies, rules and regulations.  The District reserves the right to conduct background checks for volunteers prior to initial service or at any time thereafter. 

A volunteer is a person who works on an occasional or regular basis on school property to support the efforts of professional personnel.  Such an adult volunteer worker will serve in the capacity without compensation or employee benefits of any type, except for worker’s compensation and liability protection as provided by state law.

Date of Last Review:                   June 2013

Date of Revision:

September 16, 2013

 

Legal References:

279.8, Code of Iowa; 281 I.A.C. 12.4(9)

 

 

00972722

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS